Human Rights & the Rule of Law
The Khodorkovsky-Lebedev cases; the 2006 murder of Novaya Gazeta journalist Anna Politkovskaya; the brutal double murder of human rights lawyer Stanislav Markelov and reporter Anastasia Baburova on a Moscow street in broad daylight; the death in pre-trial detention of anti-corruption lawyer Sergei Magnitsky. These are only a few of the numerous examples of the deterioration of the rule of law and of human rights abuses in Russia, all of which remain unaddressed.
Protection under the rule of law and preservation of political freedoms are basic human rights. Because of shocking abuses, Russia's human rights record remains under intense scrutiny from domestic and international human rights groups and governments around the world. High-profile violations of the rule of law have caused both domestic and international concern and tarnished Russia's reputation.
From its onset, the Yukos Affair, including the dismantling of Yukos on trumped up back tax charges, the politically motivated arrest and subsequent persecution of Mikhail Khodorkovsky and Platon Lebedev in two separate criminal trials and pursuit of other Yukos executives around the globe, has been rooted in a flagrant disregard for the rule of law in Russia.
The Khodorkovsky and Lebedev cases have been replete with violations of basic human rights since the Yukos Affair began in 2003, with Khodorkovsky, Lebedev and their associates at Yukos having experienced grievous human rights violations and inhumane treatment at the hands of the Russian authorities.
The violations Khodorkovsky and Lebedev have experienced since 2003 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 their defense.
Harsh Conditions of Detention
From December 2006 to June 2011, Khodorkovsky and Lebedev endured harsh conditions of incarceration under a "pre-trial" detention regime. With minimal exposure to fresh air and direct sunlight and inadequate opportunities for exercise, the "pre-trial" detention regime becomes extremely difficult physically and psychologically, particularly over extended periods. The situation was especially hard during Moscow's 2010 heat wave, when cell temperatures hovered at 50 degrees Celsius.
Pre-trial detention is considered to be an exceptional form of incarceration, which is why the judge presiding over the 2009-2010 trial had to rule every three months to extend the duration of the detention measures. Not being accused of violent crimes, Khodorkovsky and Lebedev should have benefitted from comparatively relaxed conditions of incarceration, but they did not. Added to the 2 years spent in pre-trial detention before the end of their first trial and appeal, Khodorkovsky and Lebedev spent a total of approximately 6 and a half years detained under these strict conditions of isolation, compared to just approximately 1 year in the less restrictive conditions of incarceration to which they are entitled under law. Because Khodorkovsky and Lebedev have been concurrently serving their 8-year sentences handed down in 2005, the situation has been described as "double bars" - a compounded punishment not grounded in law.
These detention measures are inconsistent with Russian criminal procedure law, the Russian Constitution and Russia's international obligations under the European Convention on Human Rights, as confirmed by Russia's Constitutional Court, the Presidium of Russia's Supreme Court, and the European Court of Human Rights.
Furthermore, since April 2010, under amendments to Russia's Criminal Code and Criminal Procedure Code, courts can no longer order detention as a pre-trial measure of restraint for allegations of certain economic crimes, such as those alleged against Khodorkovsky and Lebedev. The April 2010 reforms resulted from President Medvedev's efforts to make Russia's criminal justice system more humane and to halt abuses by officials exploiting the criminal justice system to attack legitimate businesses. Politically it was highly notable that in the most high-profile and closely-watched trial underway in Russia, the court could so openly ignore the recently-amended governing law on the issue of pre-trial detention. This was an affront to President Medvedev's highly-publicized efforts to reform Russia's criminal justice system and to address the country's "legal nihilism."
On April 15, 2011, the Supreme Court of Russia handed a rare victory to Khodorkovsky and Lebedev, vindicating them in their assertion that their detention conditions had been illegally harsh. Yet the Supreme Court's ruling came too late to benefit Khodorkovsky and Lebedev during their trial, and shortly after their failed May 2011 appeal they were sent to prison colonies in the regions of Karelia and Arkhangelsk.