International Political Context
Leaders in the United States, Europe and elsewhere have taken a significant interest in the cases of Mikhail Khodorkovsky and Platon Lebedev, citing these cases as indicative of the erosion of democracy and rule of law in Russia.
Read quotes from global leaders on the Khodorkovsky-Lebedev case.
From the outset of the Yukos Affair, the United States has paid close attention to the legal proceedings in Russia and has been outspoken in expressing concerns about the negative impacts on human rights, the rule of law and the development of a market economy conducive to investment, growth and international integration.
In July 2011, The House of Representatives Foreign Affairs committee held a Hearing entitled "Time to Pause the Reset? Defending U.S. Interests in the Face of Russian Aggression". During the hearing, of Dr. Katrina Lantos Swett, President, Lantos Foundation for Human Rights and Justice commented on the persecution of Mikhail Khodorkovsky:
"In December of last year I travelled to Moscow to witness the culmination of the second "show trial" of Mikhail Khodorkovsky, Russia's most prominent political prisoner. I went in order to speak out against the mockery of justice that it represented and in doing so, I was quite literally following in my father's footsteps. In May of 2005, Congressman Lantos stood on the steps of the courthouse in Moscow to denounce the outrageous manipulation and abuse of the Russian judicial system represented by the targeted prosecution of Mr. Khodorkovsky. Sadly, things have only degenerated in the intervening 5 years. Whatever small shreds of legal plausibility the first Khodorkovsky trial may have had, there can be no doubt that the second trial had only one true purpose and that was to keep a charismatic and compelling political adversary of Mr. Putin carefully locked away behind bars for as long as necessary. And what is it that makes Mr. Khodorkovsky such a threat to Mr. Putin? Above all it is his vision of a Russia open, transparent and genuinely democratic. Khodorkovsky stated it with humility and conviction in his closing words to the court at the end of his trial. He said " I am not an ideal person but I am a person of ideas" and over the nearly 8 years of his incarceration, Mr. Khodorkovsky has shown that he is prepared to make great sacrifices for those ideas: Ideas of Russia with an independent judiciary where an individual's rights don't depend on the whim of the "Tsar"; Ideas of a Russia where democracy and freedom of the press are a reality and not a façade; Ideas of a Russia where the government is not the source of corruption and lawlessness but rather the nation's defender against such scourges. Mikhail Khodorkovsky is far from alone in believing in the importance of these ideas for the future of his country. While I was in Russia, I had the opportunity to meet with a variety of human rights activists and they uniformly expressed the conviction that things were moving in a very bad direction in their country. From the unexplained violent deaths of over 150 journalists, to the ongoing violation of Article 31 of the Russian constitution which protects the right of the people to peacefully assemble, they are deeply concerned about the future of democracy and pluralism and they want our help in standing up for these rights. It was a bitter cold December day when I went to the Moscow courthouse and I was taken aback to see many dozens of protestors standing across the street quietly yet eloquently expressing their support for Mr. Khodorkovsky, Platon Lebedev, Sergei Magnitsky and other victims of an increasingly corrupt and undemocratic system in Russia. Their message to me was simple: Don't sacrifice the values on which we want to see the new Russia built. It is a message I believe we need to heed".
In January 2011, Ambassador Ian Kelly, United States Mission to the OSCE, said in Vienna:
"In a December 27 statement, Secretary Clinton said that the guilty verdicts in the second trial of Mikhail Khodorkovsky and Platon Lebedev on charges of embezzlement and money laundering raise serious questions about selective prosecution and about the rule of law being overshadowed by political considerations. No government can nurture a modern economy without also developing an independent judiciary that serves as an instrument for furthering economic growth, ensuring equal treatment under the law, and advancing justice in a predictable and fair way. Russia, the United States and all other participating States of the OSCE have ‘categorically and irrevocably' reaffirmed, as recently as at last month's Astana Summit, that ‘the commitments undertaken in the field of the human dimension are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned.' In this spirit, the United States will continue to be frank in voicing concerns about the human rights situation in all OSCE participating States. And of course, we continue to welcome any comments other participating States may have about human rights and fundamental freedoms in the United States."
The guilty verdict in the second trial of Mikhail Khodorkovsky and Platon Lebedev in December 2010 promoted unprecedented reaction from the US Administration, with Secretary of State Hillary Clinton saying:
"Today's conviction in the second trial of Mikhail Khodorkovsky and Platon Lebedev on charges of embezzlement and money laundering raises serious questions about selective prosecution -- and about the rule of law being overshadowed by political considerations. This and similar cases have a negative impact on Russia's reputation for fulfilling its international human rights obligations and improving its investment climate. We welcome President Medvedev's modernization plans, but their fulfillment requires the development of a climate where due process and judicial independence are respected. We will monitor the appeals process."
Meanwhile, State Department Spokesman Mark Toner commented:
"We remain concerned by the allegations of serious due process violations, and what appears to be an abusive use of the legal system for improper ends, particularly now that Khodorkovsky and Lebedev have been sentenced to the maximum penalty."
Representing President Obama, White House Press Secretary Robert Gibb added:
"The apparent selective application of the law to these individuals undermines Russia's reputation as a country committed to deepening the rule of law, The Russian government cannot nurture a modern economy without also developing an independent judiciary that serves as an instrument for furthering economic growth, ensuring equal treatment under the law, and advancing justice in a predictable and fair way."
Barack Obama has publically indicated his support for Mikhail Khodorkovsky since 2005 when he, alongside then-Senators Joseph Biden and John McCain, brought forth US Senate Resolution 322 calling the first Khodorkovsky-Lebedev trial "politically motivated" and one that raises "troubling questions about the impartiality and integrity of the judicial system in Russia." Once President, Obama visited Russia, speaking to leading opposition newspaper Novaya Gazeta about the trial, and noting the "perplexing nature of the new charges against Khodorkovsky".
Michael McFaul, Special Assistant for US National Security Affairs and President Obama's senior director of Russian and Eurasian Affairs, similarly voiced criticism about Russia's record on democracy and confirmed that the Obama administration was following the Yukos case "very attentively." In 2011, President Obama nominated McFaul to be US Ambassador to Russia.
The US State Department has consistently cited the Khodorkovsky-Lebedev trials as a chief concern in the reset of US-Russia relations. Following the December 2010 conviction of Mikhail Khodorkovsky and Platon Lebedev, US Secretary of State Hillary Clinton condemned the verdict, noting that the conviction "raises serious questions about selective prosecution - and about the rule of law being overshadowed by political considerations." Meanwhile, the US State Department's annual human rights report in 2010 echoed Clinton's criticism, stating that the conviction "raised concerns about due process and the rule of law, including the independence of courts". The 2009, 2008 and 2007 annual human rights reports similarly took note of the Khodorkovsky-Lebedev proceedings, referencing Khodorkovsky and Lebedev as prominent political prisoners in Russia as identified by human rights organizations and activists.
During Hillary Clinton's 2009 Senate confirmation hearing to become Secretary of State, she was asked about her opinion of the Khodorkovsky trial. She replied that his case revealed broader issues at stake for Russia, namely "respect for the rule of law, sanctity of contracts, property rights, independence of the courts, and Russia's commitment to political development." She affirmed that the Obama administration would continue to raise concerns about the lack of due process in "this and other cases that might be politically motivated."
In the US Congress, leaders on both sides of the aisle have come together to articulate concerns about the proceedings against Khodorkovsky, Lebedev and other Yukos executives. Commenting on the December 2010 conviction of Khodorkovsky and Lebedev, US Senator Roger Wicker (R-MISS) of the Senate Foreign Relations Committee called it "a sad day for Mikhail Khodorkovsky, Platon Lebedev, and their families, but also for all those that seek a more open Russia based on the rule of law," while Senator Benjamin L. Cardin (D-MD), chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, said the conviction showed Russia had missed the opportunity to demonstrate that its leadership was serious about promoting free speech and human rights.
On June 21, 2010, Senators Wicker and Cardin engaged in a colloquy dedicated to Mikhail Khodorkovsky's trial, on the floor of the US Senate. The Senators said that the trial was one of concern to human rights advocates around the world. They expressed admiration for Khodorkovsky and urged President Barack Obama to raise the prospect of Khodorkovsky's release with Russian President Dmitry Medvedev.
Supporters of Khodorkovsky and Lebedev in both houses joined forces in June 2009 as members of the US House and Senate introduced two resolutions condemning the politically-motivated second trial then underway. US Representatives James McGovern (D-MA), chairman of the Tom Lantos Human Rights Commission, and Robert Wexler (D-FL), chairman of the Foreign Affairs Subcommittee on Europe, introduced a resolution in the US House of Representatives stating that the Khodorkovsky-Lebedev trial constituted a politically-motivated case of selective arrest and prosecution that serves as a test of the rule of law and independence of Russia's judicial system. This resolution came just days after the bipartisan filing of a similar resolution by US Senators Roger Wicker (R-MISS) and Benjamin Cardin (D-MD), urging the US Senate to recognize that Khodorkovsky and Lebedev had been denied basic due process rights in their politically-motivated proceedings.
Politicians across the European Union have expressed concerns about the political persecution of Khodorkovsky and Lebedev. Members of the European Parliament (MEPs), European Commission officials and Council of Europe parliamentarians have all pressured the Russian authorities by regularly raising the Khodorkovsky-Lebedev case as a detriment to improved relations with Russia.
In February 2011 in the European Parliament, a joint motion for a resolution on the rule of law in Russia was adopted by MEPs. The resolution highlighted that the second conviction of Khodorkovsky and Lebedev has been questioned by the international community, including the EU, and expressed "serious concern at the verdict in the second trial". The resolution also called for an independent examination of the case and called on the European Commission to submit urgently to Parliament an assessment of whether the judicial measures taken against Yukos and its executives were compatible with the requirements placed on Russia in connection with its ambition to become a full member of the World Trade Organization.
Before the December 2010 conviction, President of the European Parliament Jerzy Buzek expressed his solidarity with Mikhail Khodorkovsky and his family. He said the Khodorkovsky case had become the "emblematic symbol of the systemic problems of the rule of law, legal nihilism and human rights in today's Russia."
In August 2010, a delegation from the European Parliament's Subcommittee on Human Rights led by committee chair Heidi Hautala visited the trial. The members of the delegation expressed alarm over the irregularities of the trial and the arbitrary nature of the treatment of Mikhail Khodorkovsky and Platon Lebedev.
On Human Rights Day 2010, a cross-party coalition of MEPs sent a letter to Russian President Dmitry Medvedev, highlighting the ongoing persecution of Mikhail Khodorkovsky and Platon Lebedev and expressing their hope that the conclusion of the case would strictly adhere to the principles of the rule of law. Leading the group, Graham Watson (Liberal Democrat MEP, UK) said: "Russia's place in the world greatly depends on its robust respect for the rule of law and citizens' fundamental human rights ... Ending the persecution of Mikhail Khodorkovsky and Platon Lebedev and properly investigating the cases of many other victims seeking justice in Russia would send positive signals of change and show that Russia is on the path towards modernization."
Ahead of an EU-Russia Summit held in Stockholm in November 2009, the European Parliament adopted a resolution expressing concern over developments in Russia that undermined efforts towards closer EU-Russia relations. The resolution urged the EU Council and the European Commission to pay "utmost attention" to the ongoing second trial of Mikhail Khodorkovsky, already "replete with severe due process violations." It called upon Russian authorities "to combat arbitrariness, to respect the rule of law and not to use the judiciary as a political tool." In a letter handed to President Medvedev during the Stockholm summit, more than 100 MEPs expressed their concerns about the shortcomings of the rule of law and abuses of human rights in Russia.
In the 2008 Annual Report on Human Rights in the World, the European Parliament Foreign Affairs Committee strongly criticized the Russian government and expressed concern about the lack of an independent judiciary in Russia and the mistreatment of Mikhail Khodorkovsky, Platon Lebedev and Vasily Aleksanyan.
Concern over the second trial of Mikhail Khodorkovsky was similarly expressed by then-President of the European Parliament Hans-Gert Pöttering, who commented that the fate of political prisoners was of the highest importance for the European Union.
Meanwhile, reacting to the guilty verdict of Mikhail Khodorkovsky and Platon Lebedev in December 2010, EU High Representative Baroness Catherine Ashton highlighted serious concern about allegations of irregularities in the proceedings and noted that the "European Union will continue to follow the Khodorkovsky and Lebedev case closely and will raise this issue with Russia."
The Council of Europe's Parliamentary Assembly has been critical of the abuses in Russia's justice system, citing the Khodorkovsky and Lebedev cases as examples. A June 2009 report examined "politically-motivated abuses of the criminal justice system in Council of Europe member states", with a heavy emphasis on Russia and the Khodorkovsky case in particular. Sabine Leutheusser-Schnarrenberger, current German Minister of Justice who previously, as Parliamentary Assembly Rapporteur, led the research and writing for this report, highlighted the Yukos affair as "emblematic" of the risks faced by investors who come up against state authorities in Russia. The report described the new charges against Mikhail Khodorkovsky as "bizarre" and "contradictory," and asserted that Russian authorities were waging an "unrelenting campaign" against Yukos and its executives. The report also described the inconsistencies in the prosecutors' arguments as "perplexing".
On September 30, 2009 the Parliamentary Assembly of the Council of Europe passed Resolution 1685 (2009), based on the June 2009 report regarding politically-motivated abuses of the criminal justice system in Council of Europe member states. The resolution cites "a number of high-profile cases, such as the second trial of Mikhail Khodorkovsky and Platon Lebedev...[that] give rise to concerns that the fight against ‘legal nihilism' launched by President [Medvedev] is still far from won." The resolution was passed with 74 votes in favor, none opposed and four abstentions.
The most comprehensive international assessment of the original Khodorkovsky-Lebedev proceedings was published in a November 2004 report of the Parliamentary Assembly of the Council of Europe. The report concluded that "the circumstances of the arrest and prosecution of leading Yukos executives suggest that the interest of the State's action in these cases goes beyond the mere pursuit of criminal justice, to include such elements as to weaken an outspoken political opponent, to intimidate other wealthy individuals and to regain control of strategic economic assets."
In 2005 the Parliamentary Assembly determined that Mikhail Khodorkovsky and Platon Lebedev were "arbitrarily singled out" by the Russian authorities, "violating the principle of equality before the law." Since then, courts in Switzerland, the United Kingdom, the United States, the Netherlands, and Cyprus, among others, have rebuked Russian authorities involved in Yukos-related proceedings in their national legal systems.
In the United Kingdom, many prominent politicians, including current and former government ministers, have brought attention to the Khodorkovsky-Lebedev proceedings.
After Khodorkovsky and Lebedev lost the appeal on their second criminal trial with the Moscow City Court in May 2011, veteran Liberal Democrat Malcolm Bruce issued an Early Day Motion with 18 signatories condemning the decision and calling for action from the UK government.
Leading UK politicians also reacted strongly to the guilty verdict in the second trial in December 2010.
UK Foreign Secretary William Hague stated his concern over the implications of the Khodorkovsky case for general confidence in the way the law is applied in Russia. In the name of the UK, he called on Russia to respect the principles of justice and apply the rule of law in a non-discriminatory and proportional way
Chris Bryant MP, UK Shadow Minister for Justice, Chair of the All Party Russia Group and former Europe Minister, said the trial had been politically motivated from the outset and that the sentence was every bit as predictable as the verdict. He commented that President Dmitry Medvedev and Prime Minister Vladimir Putin had failed the key test which would have demonstrated the independence of Russia's criminal justice system. Bryant stated his belief that the decision to keep Mikhail Khodorkovsky in jail for several more years confirmed the political agenda behind the case, since it ensures that Khodorkovsky will be behind bars beyond the 2012 presidential elections.
Former UK Foreign Secretary Sir Malcolm Rifkind said Mikhail Khodorkovsky's trial had serious implications for the way in which the business community throughout the world saw Russia: "Companies contemplating investing in Russia will think hard and long about whether it's safe to do so." Conservative MP Richard Ottaway added that the trial had serious implications for the confidence of overseas investors.
In July 2010, Conservative MP and Europe Minister David Lidington MP stressed his government's position that the Khodorkovsky trial should be "fair and impartial". He noted that "the UK embassy in Moscow is watching developments in Mr Khodorkovsky's case closely, and is participating in trial monitoring with EU partners and the US." Lidington added that the UK had raised concerns about human rights and the rule of law in Russia with Russian counterparts.
Liberal Democrat MP Edward Davey asked a parliamentary question on the representations made by the UK Government on Khodorkovsky's trial and the steps being taken to monitor the trial. In response, then Foreign Minister David Miliband confirmed that they raise his case both bilaterally and through the EU, and participate in monitoring with the EU and US. Additionally, Miliband detailed the concerns of the UK regarding the trials including "the arbitrary application of the rule of law, due process and fair treatment of Khodorkovsky and others who have been arrested or prosecuted in the Yukos Affair, access to lawyers and medical care, conditions of detention and the alleged harassment of defence teams and witnesses."
Read more statements and reports from UK leaders
In Germany a great number of political leaders from almost all leading political parties strongly condemned the guilty verdict in the second trial of Mikhail Khodorkovsky and Platon Lebedev.
Key politicians, including Chancellor Angela Merkel and Foreign Minister Guido Westerwelle, expressed disappointment at the outcome of the trial in December 2010 and at the harsh sentence they were given. Chancellor Merkel said: "The impression remains that political motives played a role in this process. This contradicts Russia's repeatedly expressed intention to follow the road to rule of law." Foreign Minister Westerwelle called the way the trial had been conducted "extremely dubious and a step backward on the road toward a modernization of the country." Meanwhile, the general secretary of the CDU party Hermann Gröhe pointed out that "if human rights are trampled on, this is never an internal affair of a country." Markus Löning, German Commissioner for Human Rights, who had visited the trial, expressed his "outrage at the guilty verdict."
Bundestag member Marieluise Beck and Federal Justice Minister Sabine Leutheusser-Schnarrenberger have repeatedly spoken out publicly against the continued prosecution of Mikhail Khodorkovsky, Platon Lebedev and other Yukos employees.
A delegation of 12 German MPs visited the Khodorkovsky-Lebedev trial in September 2010 and witnessed Platon Lebedev giving his testimony. Dr. Rainer Stinner, Spokesperson on Foreign Affairs for the Liberal Party (FDP) in the German Bundestag, stated Germany's concern "that this process is being used as a political instrument".
In July 2009, the Bundestag voted in favor of a parliamentary motion noting the need for improving the rule of law in Russia - specifically referencing abuses in the treatment of Mikhail Khodorkovsky and Platon Lebedev. The motion, submitted by the CDU/CSU, SPD, Liberal and Green parties, requested that the German federal government initiate and support the observation of the trial against Mikhail Khodorkovsky and Platon Lebedev within the framework of the European Union and that it should "concretely address deficits in the rule of law in Russia, including the example of the trial against Khodorkovsky and Lebedev".
As was the case with many of their European colleagues, French political leaders saw the second Khodorkovsky-Lebedev conviction as a failed litmus test for improvements in Russia's adherence to the rule of law. In December 2010, following the verdict in the second Khodorkovsky-Lebedev trial, the French Ministry of Foreign Affairs issued a statement stressing that the consolidation of the rule of law is a condition necessary for the success of the modernization of Russia, as pointed out by President Dmitry Medvedev. Former Foreign Minister Bernard Kouchner said the trial was important "notably for human rights promoters in Russia and elsewhere, and for all people attached to the principles of the rule of law."
Meanwhile, noted lawyer and former Minister of European Affairs Noëlle Lenoir called the sentence a "cruel, inhuman and gross mistake made by Putin." Hervé Mariton, Deputy of the French National Assembly and Head of the France-Russia parliament group, commented that Khodorkovsky had "no possibility to defend himself correctly" and that the way he was being treated was "arbitrary and inhuman." Mariton called the trial "kafkaesque" and stated: "His rights as a human are not respected."
In April 2010, François Zimeray, France's Human Rights Ambassador, attended the Khodorkovsky-Lebedev trial in Moscow. Zimeray has discussed Mikhail Khodorkovsky's case several times with the French and international media. Zimeray said that he visited the trial at the request of Bernard Kouchner, then France's Foreign Minister, and with the approval of President Nicolas Sarkozy. He called his visit "a message in itself." Zimeray emphasized that the case, which he believes has become a major human rights trial, "is closely followed by the highest authorities in France." He said: "The fight of Khodorkovsky, courageous, with a great dignity, against a system that tries without success to destroy him, has made him become a symbol, an icon of human rights in Russia."
Leading Italian politicians from all parties have made statements in reaction to the guilty verdict in the second trial of Mikhail Khodorkovsky and Platon Lebedev in December 2010.
Pier Ferdinando Casini, President of the UDC Party and former President of the Lower Chamber, made a direct appeal to Prime Minister Silvio Berlusconi, urging him to take action "personally and concretely" and use his friendship with Prime Minister Vladimir Putin and President Dmitry Medvedev to ask them to "respect human rights and the right of defense for Mikhail Khodorkovsky, Platon Lebedev and for all Russian citizens."
Leoluca Orlando MP, spokesperson of the IdV (Italia dei Valori) Party, criticized Prime Minister Berlusconi for keeping "an embarrassing silence" while other countries were raising strong concerns. He accused Berlusconi of lowering the image of Italy "to avoid any troubles with his friend Putin."
Piero Fassino MP, former Minister of Justice and former Minister of International Trade, commented that sentences like that of Khodorkovsky highlight "how far Russia is from modernizing its judicial system and ensuring respect for human rights and democracy." He called for a "clear and unequivocal" statement from the Italian government to express its indignation along with the international community.
Previously, in 2009, all parties, with the exception of the Northern League, adopted a Parliamentary motion promoted by Pier Ferdinando Casini, urging Italy's government to activate all diplomatic channels so as to guarantee the respect of human rights and the right of defense for Mikhail Khodorkovsky, Platon Lebedev and for all Russian citizens. The resolution was approved unanimously by the Assembly. On September 23, 2009 the Italian Parliament voted overwhelmingly in favor of the motion: out of 478 MPs attending the plenary session, 430 voted in favor.