Human Rights Violations

Protection under rule of law and preservation of political freedoms are human rights. Amnesty International defines a political prisoner as "any prisoner whose case contains a significant political, in a broad interpretation of the word, element - either the motivation of the actions of the prisoner, the actions themselves, or the motivations of government authorities."

Prior to his arrest, Khodorkovsky was well-known as a critic of corruption in government, calling it a brake on Russia's economic development. He was also active in trying to support a vibrant multi-party political system. His politically motivated arrest was a severe setback for the development of civil society in Russia.

Before the Trial

The long list of due process and human rights violations that have characterized Khodorkovsky's treatment, and tarnished the Russian government's reputation, began immediately after Khodorkovsky's arrest. His requests to be released on bail were denied despite the fact that numerous prominent Russian citizens, including members of the Duma, provided guarantees that Khodorkovsky would not leave the country. His lawyers were illegally searched and documents seized, and the Russian Government brought (unsuccessful) disbarment proceedings against nearly every member of his legal team.

Other violations of Khodorkovsky's rights include:

  • denial of the right to an independent and impartial tribunal;
  • denial of the right to equality before the law;
  • denial of the right to effective legal assistance;
  • denial of the right to disclosure of the prosecution's case;
  • denial of the right to exclude out-of-court statements;
  • improper application of ex post facto laws;
  • denial of the right to be heard and of the right to a reasonable amount of time to prepare and present.

On October 16, 2005, in direct violation of Russia's criminal code, Khodorkovsky was transferred to a prison in Siberia, thousands of miles from his home and family in Moscow. Russian human rights groups have condemned his imprisonment and repeatedly called him a political prisoner whose loss of freedom is unconscionable.

While in prison, Khodorkovsky has often been placed in solitary confinement for long successions of days for committing contrived offenses, such as "failure to report possession of two lemons," and "failure to drink tea in the approved location." After giving interviews to Russian or foreign newspapers he is often punished by being placed in solitary confinement.

Prison authorities failed to protect Khodorkovsky from a serious and disfiguring attack by another prisoner wielding a knife. Khodorkovsky was assaulted while sleeping and without provocation.

During the Trial

As Khodorkovsky and Lebedev's second trial got underway, the case was marred by violation after violation.

Khodorkovsky and Lebedev have been confined under an unjustifiably strict regime of incarceration, reducing vital access to legal counsel and minimizing family visits. While they remain in custody serving their 8-year penal colony sentences, every three months at the request of the prosecution and under false pretences the court extends their incarceration in Matrosskaya Tishina prison as an additional measure of restraint for the duration of the trial. This so called "double bars" situation is the evidence of the authorities' unprecedented cruelty and discrimination towards these two prisoners. In the courtroom, they are held in a stuffy aquarium-like glass booth surrounded by guards armed with Kalashnikovs, making it difficult for them to consult with defense counsel and view case materials.

At the Matrosskaya Tishina detention center, the defense lawyers have had to continually battle to use their laptops in meetings with Khodorkovsky and Lebedev - adversely affecting the productivity of normal client-lawyer work. The difficulties persist despite multiple court rulings and appeals affirming their right to use laptops in the prison.

International Attention on Lebedev's Health

Platon Lebedev's case has attracted international concern due to the grave condition of his health. In July 2003, he was arrested while in his hospital bed. Lebedev was denied independent medical attention for the duration of the trial, and his sentence in one of the most remote and inhospitable of Russia's prison colonies in the Arctic Circle is shocking in light of his continuing medical condition.

Aleksanyan Denied Proper Medical Attention

The case of Khodorkovsky defense lawyer Vasily Aleksanyan, arrested April 2006, has also received heightened attention because he has HIV/AIDS. Aleksanyan accused authorities of denying him proper medical attention as punishment for not "cooperating" by testifying against YUKOS executives. Khodorkovsky launched a hunger strike to protest this treatment of Aleksanyan. In February 2008, Aleksanyan was finally transferred to a hospital after four requests made by the European Court of Human Rights. On October 21, 2008, a Russian court extended Aleksanyan's term of detention until January 2009, even though it was set to expire on October 22.

On December 30, 2008, Aleksanyan was released after posting $1.8 million bail, thanks to his family's worldwide efforts to raise the unprecedented amount, and is currently receiving medical treatment for AIDS and cancer. The decision by the Russian court to release him was issued just a few days before the European Court of Human Rights demanded the Russian authorities release Aleksanyan. The Russian judicial authorities have since continued to postpone a decision on Aleksanyan's ability to participate in the case, despite documents presented from medical examinations affirming this.