Khodorkovsky & Lebedev Communications Center

"The denial of Khodorkovsky and Lebedev's appeals, upholding long prison terms, affirms our concerns about serious due process violations and the use of the legal system for improper ends. Russia cannot nurture a modern economy without also nurturing an independent judiciary that serves as an instrument for furthering economic growth and modernization and ensuring equal treatment under the law. Russia has made great gains in the past decades to modernize its economy, to become a more modern state. But we've always said that human rights issues are part of our bilateral relationship with Russia and we're not going to shy away from discussing those". - Mark Toner, US State Department spokesman

"The United States is concerned by the May 24 ruling by the Moscow City Court upholding the verdict against former Yukos head Mikhail Khodorkovsky and co-defendant Platon Lebedev. We share the concerns of our EU colleagues, as expressed by High Representative Catherine Ashton on May 24, that alleged violations of due process in this case are symptomatic of the erosion of the rule of law in Russia. As Secretary Clinton noted in December, the guilty verdict in the second trial of Mikhail Khodorkovsky and Platon Lebedev on charges of embezzlement and money laundering raises serious questions about the apparent selective application of the law to these individuals.

No participating State can meet its OSCE obligation to protect human rights without developing an independent judiciary that serves as an instrument for furthering economic growth and modernization, ensuring equal treatment under the law, and advancing justice in a predictable and fair way.

We welcome President Medvedev's promise to review the Khodorkovsky and Lebedev case through the Presidential Council on Human Rights. We urge him to redress any irregularities in the case. Furthermore, we call on all participating States to enact necessary reforms in their judicial systems to ensure fairness of proceedings and create safeguards to protect human rights." - Carol Fuller, Chargé d'Affaires, United States Mission to the OSCE

"Let us hope the Khodorkovsky case will not be forgotten outside of Russia. The Council of Europe, Freedom House, and Amnesty International have concluded that Khodorkovsky was charged and imprisoned in a process that did not follow the rule of law and was politically motivated...Any company considering investing in Russia should think twice. Those companies who invested in good faith in Yukos lost everything. They were politically expropriated. Major international companies, such as Shell and BP, have suffered arbitrary treatment at the hands of Russian officials and have no recourse. Companies considering entering the Russian market are assured that such things will not happen to them. They should realize that anyone doing business in Russia could find themselves in Khodorkovsky's shoes." - Professor Paul Gregory, Stanford University's Hoover Institution

"I am deeply disappointed by the decision of the Moscow City Court to uphold the verdict in the Mikhail Khodorkovsky and Platon Lebedev case, notwithstanding the slight reduction of the sentence from an additional six to five years in prison. I remain troubled by allegations of numerous violations in due process which reflect systemic problems within the Russian judiciary.

The Khodorkovsky and Lebedev case has become emblematic for the lack of confidence in how the law is applied in Russia today. President Medvedev’s decision to examine this case in the Presidential Human Rights Council is welcome. However, the EU calls on Russia to demonstrate its determination to establish a society based on respect for the rule of law. For genuine political, economic, and societal modernisation to take place, reforms should be undertaken in Russia toward establishing a transparent, independent and reliable judicial system, which inspires confidence and is free from political interference." - Catherine Ashton, the High Representative of the European Union for Foreign Affairs and Security Policy and Vice-President of the European Commission

"I am very disappointed. The reduction by just one year of their sentence is not serious. This case was marred with alleged violations of due process and fair trial from the very start. It shows unfortunately that there is still a very long path for Russia to take to improve its rule of law and protection of human rights. Words should be followed by concrete acts. Modernisation of Russia can be successful only if it is based on establishment of a functioning system of rule of law, independent and impartial judiciary and a strong civil society.

"I would like to express my deep solidarity with Mikhail Khodorkovsky, Platon Lebedev and their families" - Jerzy Buzek, President of the European Parliament

"This ruling is yet another blow for the rule of law in Russia. Nobody is under any illusions about the politically-motivated outcome of this sham trial and the farcical and cosmetic re-sentencing. A trumped up 13 year sentence is just as outrageous as a trumped up 14 year sentence. Only the acquittal of Mikhail Khodorkovsky would restore the faith of the international community in the rule of law in Russia." - Heidi Hautala MEP, Chair of the European Parliament Sub-Committee on Human Rights

"The EU cannot continue to brush concerns about the complete disregard for the rule of law in Russia under the table. The Khodorkovsky case must be put on the agenda of the forthcoming EU-Russia summit and we call on the European Commission and foreign policy high representative Cathy Ashton to take steps to this end." - Werner Schulz MEP

"The latest decision of the Moscow court yet again demonstrates serious flaws in the Russian judicial system and reinforces the notion that anyone in Russia who has political ambitions and views that contradict those of the Kremlin, is being punished. This decision also demonstrates which political group holds the ultimate power in Russia" - Laima Andrikienė MEP, Vice-Chairwoman of the European Parliament's Subcommittee on Human Rights  

"The failure of Mr Khodorkovsky and Mr Lebedev's appeal has again highlighted concerns about the application of the rule of law in Russia. The UK believes that Russia's people are best served by a fair and impartial judicial system which protects the legal rights of all individuals - and ensures international investor confidence." - David Liddington MP, UK Minister for Europe 

"Today's decision in the appeal of Mikhail Khodorkovsky and Platon Lebedev highlights major failings in Russian rule of law. This decision marks the last available legal channel for Khodorkovsky and Lebedev to obtain justice in Russia. Khodorkovsky is just one of thousands who have been punished for daring to question the ‘managed democracy' and endemic corruption in Russia. Russia says it wants to be a full member of the international community, but whilst it's criminal justice system is still used to stifle political opposition Russia will not be welcome at the international table. The British Government should now follow the lead of US politicians and consider sanctions such as restricting visas for those involved in these types of legal and human rights abuses." - Chris Bryant MP, Chair of the All-Party Russia Group in the UK Parliament and former Europe Minister 

"This result sends the wrong messages about Russia. People wanting to do business and be involved in Russia need to see that there is a sound legal system and rule of law observed. Nothing about this trial convinces me that this is the case." - Richard Ottaway MP, Chairman of the Foreign Affairs Select Committee 

"I am extremely concerned about this decision. From the start of the proceedings there have been very real worries and serious questions about the apparent lack of objectivity and due process. This does not send a good message about how the rule of law is being upheld in Russia." - Wayne David MP, Shadow Europe Minister for the UK

"That this House expresses deep concern following the decision made by the Moscow City Court in the appeal of political prisoners Mikhail Khodorkovsky and Platon Lebedev; notes that the appeal was the last legal channel available to Khodorkovsky and Lebedev to seek justice within the Russian legal system; further notes many political prisoners in Russian jails have all but lost faith in the current Russian legal system; calls on the British Government to urge President Medvedev to work to reform the Russian legal system and to make good on his promise to eradicate legal nihilism in Russia; further calls on the Government to consider sanctions such as restricting visas for those involved in human rights abuses; and further calls on the Government to work with its European partners to strengthen the role of the European Court of Human Rights so that those political prisoners who seek justice before it will do so with confidence in a timely and fair judicial system." - Joint Statement by Members of Parliament

"The "modernisation of Russia" that President Medvedev is calling for and which France is associated is under way. This long-term proces concerns of course the economy and its diversification,but also Russian society overall. However, I believe that the reinforcement of government institutions of law and the independence of the system of justice are indispensable conditions to guarantee the success of the modernisation projects under way.

The verdict in the Khodkorkovsky case handed down this week show us unfortunately that there is a long road ahead to be travelled. France is undeniably a strategic partner for Russia, but our political policy interests must be compatible with our policy of Human Rights and with our values. I find therefore that the official reactions to this verdict, by the EU, and by France, were too weak. The rapprochement of the EU with Russia is essential, that is clear, but it should also cause us to be even more demanding. I would have therefore wanted that the conclusion of this appeal mark important progress for Russia, and not highlight the persistent gaps in Justice in the country". - Pierre Moscovici, Member of Parliament, Leader of the French Social Party

"It is a terrible mistake." - François Zimeray (French Ambassador for Human Rights)

"It was an opportunity for the Russian judiciary system to prove its independence; it has been wasted." - Noëlle Lenoir (former Judge in the French Constitutional Court and former Minister of European Affairs)

"I regret that the Moscow City Court upheld the verdict against Mikhail Khodorkovsky and Platon Lebedev. The questionable circumstances of the case once again throw a negative light on the efforts to improve rule of law in Russia. Legal certainty is a valuable asset and a prerequisite for investments as important as well as the citizens' sense of safety and justice." - Guido Westerwelle, German Federal Foreign Minister 

"Today's decision basically maintains the impression that it is a politically motivated trial. The coming into force of the verdict is a setback for the effort towards more rule of law in Russia. It contradicts President Medvedev's endeavour for modernisation and his goal to strengthen an independent Russian justice system. First reforms in the Russian justice system and the recent conviction of the right-wing extremist murderers of the human rights lawyer Stanislav Markelov and the journalist Anastasia Baburova emphasize this attempt. Therefore, the confirmation of the verdict against Mikhail Khodorkovsky and Platon Lebedev is a wrong signal; for Russia's partners in the West too: legal security is a precondition for a modern and strong Russia. Trust in a independent justice system is a fundamental condition for investment and innovation. Hence, in the continuing process of the trial it has to be evaluated, if the defence receives a fair chance, to exploit all possible further steps on the legal process." - Dr Andreas Schockenhoff, Deputy Chairman of the German CDU/CSU Parliamentary Group 

"The absurd verdict spoken in December 2010 documents the legal nihilism which is deplored by President Medvedev and was now basically confirmed by higher authorities. The reduction of the sentence of one year is just cosmetics.... Prime Minister Putin and his entourage in the Kremlin won. They apparently fear a Mikhail Khodorkovsky in freedom so much that they are up to every perversion of justice." - Marieluise Beck, Green MP, and Jürgen Trittin, Chairman of the Parliamentary Group of the Green Party in Germany 

"Today's decision of the Appeal Court in the trial against Platon Lebedew and Mikhail Khodorkovsky shows once again that Russian President Dimitri Medvedev urgently needs our full support in his declared "fight against legal nihilism.

The confirmation of the ruling made last year leads shows us once again quite clearly that unfortunately a constitutional process is still not guaranteed in Russia. The slight reduction of the sentence to 13 instead of 14 years cannot hide the general concerns in rule of law terms constitutional concerns regarding their conviction. With this decision, Russia hurts itself first and foremost.

On 25 January 2005, the Parliamentary Assembly of the Council of Europa already vehemently criticized the first trial against Mikhail Khodorkovsky and Platon Lebedev based on a report established by Sabine Leutheusser-Schnarrenberger with a 2/3 majority. Essential violations of the rule of law in this case were clearly recognized.

With the verdict in the second trial on 27 December 2011 our worst fears came unfortunately true, since a conviction for an action for which the defendants have already been sentenced, contradicts not only Russian law but also the European Human Rights Convention, to which Russia is bound as well. The verdict of guilty then - cleverly placed in the media Christmas break - sadly shows that the Russian courts are not free from political influence.

The basic denial of the appeal by the Russian judges today, shows once again that the rule of law in Russia still has a long way to go. Spectacular cases like the one of Yukos respectively of MBK and Lebedev or the tragic death of Sergei Magnitsky in a Russian prison are unfortunately only the peak of the iceberg.

There are numerous defendants in Russian prisons that hope for a fair trial in vain, as well as convicts that are imprisoned unlawfully and partly under inhumane conditions.

On behalf of human rights, we hope very much that the political leadership in Moscow implements it's announcements and stabilizes the country's justice system." - Sabine Leutheusser-Schnarrenberger, the German Federal Minister for Justice, and Marina Schuster, Spokeswoman on Human Rights of the Liberal Party

"The court made it clear that the inhumane prison conditions as well as the methods, like presenting the defendant in a cage, are not in accordance with rule of law standards. Therefore, the enforcement of more rule of law, especially of an independent justice system, remains one of the most important tasks, when it comes to the modernisation of Russia." The trial against MBK in Moscow has, according to Schockenhoff, been a show trial which should have a discouraging effect. "Khodorkovsky and Lebedev have served more than half of their sentence from both trials. That's why also the Russian criminal law allows for an early release. It would be a good sign, if this opportunity would be used." - Andreas Schockenhoff, the Government Coordinator of German-Russian Intersocietal Cooperation and Deputy Chairman of the Conservative Parliamentary Group

"The court indeed determined doubts about the lawfulness of the whole process. However, according to the court, they have not been weighty enough to evaluate the process as politically motivated." Marieluise Beck calls attention to the fact that the verdict of the ECHR does not focus on the second verdict. "Now we are some years ahead und can see that the second trial is in most parts clearly politically motivated. Thereby the conclusions regarding the first trial can be seen clearly." - Marieluise Beck MP, spokesperson for Eastern European Politics of the Greens Party and long time supporter of Mikhail Khodorkovsky and Platon Lebedev

"The decision of the European Court of Human Rights is a strong signal towards the Russian Federation. The court determined that the treatment of Mikhail Khodorkovsky during his imprisonment and his display in a cage during the court proceedings was a violation of the European Convention on Human Rights. This also applies to the circumstances of his arrest and the length of the remand. I call on Russia to draw the necessary conclusions from the judgement. An early release of Khodorkovsky and Lebedev would be an important sign.

"Last week the Moscow City Court confirmed the conviction of Khodorkovsky and Lebedev and reduced the sentence by a year to 13 years in total. It is again imminent for both that they have to serve their sentence under the toughest conditions in Siberia. Today it was unexpectedly announced that a Moscow Court is going to review a request for early release, after more than half of the sentence has already been served." - Markus Löning, German Federal Government Commissioner for Human Rights Policy and Humanitarian Aid

"Whatever the rights and wrongs of Mikhail Khodorkovsky and Platon Lebedev's first convictions there can no longer be any doubt that their second trial was deeply flawed and politically motivated.

"For several years now these two men have been trapped in a judicial vortex that answers to political not legal considerations. Today's verdict makes it clear that Russia's lower courts are unable, or unwilling, to deliver justice in their cases.

"The Supreme Court offers the last possible hope for justice. Their convictions must be overturned and the two men released on the expiry of their current sentences.

"The failure of the appeal court to address the fundamental flaws in the second trial and the fact that Mikhail Khodorkovsky and Platon Lebedev have already spent eight years in jail on barely distinguishable charges, points to the conclusion that their second convictions have been sought for political reasons relating purely to who they are.

"These two men must be released after their current sentences expire on 25 October and 2 July respectively." - Nicola Duckworth, Amnesty International's Director for Europe and Central Asia

"Today the European Court of Human Rights found Russia in violation of the rights of Mikhail Khodorkovsky in regards to his detention and the conditions of his detention during the first period of his trial and detention starting from 2003 to 2005.

"Amnesty International has for the whole period of the ongoing procedures against Mikhail Khodorkovsky and Platon Lebedev raised concerns about the allegations of violations of fair trial standards and of the conditions in which he was held and of which he was not being given full access to his rights as guaranteed in the European convention. When Mikhail Khodorkovsky was detained in 2003 at that moment he was one of the, or he was the richest man in the Russian Federation. He had started supporting political parties, different political parties and also set up the foundation to support the non-governmental organization and he played quite an active role in political and social life in the Russian Federation. Of course at that moment there were allegations that his prosecution was politically motivated. Amnesty International at that time was more concerned about violations of fair trial standards and the conditions of detention in which he was placed at that time.

"During the last year Amnesty International has received more information of possible political motivation during the, firstly during the second trial there were quite a number of concerns about lack of legal basis for his prosecution but more indication that the file had a strong political context and political motives behind the prosecution of Mikhail Khodorkovsky and Platon Lebedev his associate. Today the European Court of Human Rights found Russia in violation of Article 3 and 5 in regards to the detention and conditions of detention of Mikhail Khodorkovsky. At the moment this judgement is not final. It can be appealed by the Russian Federation but so far the information given by the court in its findings are already of great interest for Amnesty International but also for other people that have shown a great interest in the case." - Friederike Behr, Amnesty International's Russia researcher