The United Nations Human Rights Council draws attention to Khodorkovsky trial
Leandro Despouy of the United Nations Human Rights Council issued its annual report on the independence of judges and lawyers in the Russian Federation last week. The report provides a general insight into the state of the judiciary in Russia, outlining the general and political background of Russia's legal system, describing the structure of Russia's court system and other judicial institutions.
The particular case of Mikhail Khodorkovsky is highlighted in the report as an example of intimidation of defense lawyers by public officials:
"There is a tendency to identify defense lawyers with the interests and activities of their clients.
"In this connection, the Special Rapporteur has also received information on instances where defense counsels have been intimidated by public officials. As a consequence, lawyers have been limited in their ability to exercise their profession, for example in the case involving the Yukos company and Mikhail Khodorkovsky.
"While he does not wish to judge on the adequacy of the sentence in this case, he points to some important procedural and other shortcomings, mainly obstructing the right to adequate defense, that have been revealed by other international and regional organisations.”
As the report was prepared before the second trial of Mikhail Khodorkovsky, it only refers to his arrest and imprisonment in 2003.
The 27-page document summarizes recent reforms and developments affecting the judicial system in Russia (such as jury trials and a moratorium on death penalty), reports on the availability of free legal assistance in criminal cases, and a lack of execution of judicial decisions.
In his research, the Special Rapporteur Leandro Despouy met various local non-governmental organizations, including the Committee of Soldiers' Mothers, the Moscow Bureau for Human Rights, amd Jurists for Constitutional Rights and Freedom.
Mr. Despouy also met with Russia's Deputy Ministers for Foreign Affairs, Justice and the Interior, respectively, as well as with the Deputy Governor of Saint Petersburg and the Governor of Yekaterinburg. He had extensive consultations with a wide range of judicial and other officials.