CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 18, 2009 SUBMITTED RESOLUTIONS Against Mr
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15606 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 18, 2009 SUBMITTED RESOLUTIONS against Mr. Khodorkovsky and Mr. Lebedev fifth anniversary of Mikhail Khodorkovsky’s ‘‘politically motivated’’, noted that Mr. arrest, stating ‘‘the conduct of the cases Khodorkovsky and Mr. Lebedev had not been against Khodorkovsky and his associates has SENATE RESOLUTION 189—EX- accorded fair, transparent, and impartial eroded Russia’s reputation and public con- PRESSING THE SENSE OF THE treatment, and deplored their transfer to re- fidence in Russian legal and judicial institu- SENATE THAT THE TRIAL BY mote prison camps; tions’’; Whereas Amnesty International, Freedom Whereas on December 22, 2008, the Euro- THE RUSSIAN GOVERNMENT OF House, and other prominent international pean Court of Human Rights ordered the re- BUSINESSMEN MIKHAIL human rights organizations have cited the lease of the terminally ill former Yukos oil KHODORKOVSKY AND PLATON conviction and imprisonment of Mikhail executive Vasily Aleksanyan, who had been LEBEDEV CONSTITUTES A PO- Khodorkovsky as evidence of the arbitrary held in detention since April 6, 2006, despite LITICALLY-MOTIVATED CASE OF and political use of the legal system and the repeated orders by the European Court that SELECTIVE ARREST AND PROS- lack of a truly independent judiciary in the Mr. Aleksanyan be treated in a humane fash- ECUTION THAT SERVES AS A Russian Federation; ion for cancer and AIDS; Whereas in February 2009, Andrei TEST OF THE RULE OF LAW AND Whereas governments, courts, journalists, and human rights organizations around the Illarianov, former chief economic advisor to INDEPENDENCE OF THE JUDI- world have expressed concern about the pros- President Vladimir Putin, stated that ‘‘[o]ne CIAL SYSTEM OF RUSSIA ecution, trial, imprisonment, and treatment of the best known political prisoners is Mi- Mr. WICKER (for himself and Mr. of the individuals in the Yukos case, and khail Khodorkovsky who has been sentenced to 9 years in the Siberian camp CARDIN) submitted the following reso- have called on President Medvedev to honor his pledge to end ‘‘legal nihilism’’ in Russia; Krasnokamensk on the basis of purely fab- lution; which was referred to the Com- ricated case against him and his oil company mittee on Foreign Relations: Whereas on February 5, 2007, on the eve of their eligibility for parole, Russian prosecu- Yukos’’; S. RES. 189 tors brought new charges against Mr. Whereas on February 24, 2009, human Whereas on April 1, 2009, President Barack Khodorkovsky and Mr. Lebedev, accusing rights lawyer Karinna Moskalenko, said that Obama and President Dmitry Medvedev them of embezzling $20,000,000,000 in Yukos ‘‘[a]ll verdicts are possible in this country. issued a joint statement affirming that ‘‘[i]n oil revenues; But for people like Khodorkovsky, every- our relations with each other, we also seek Whereas in May 2007 the Prosecutor Gen- thing is already planned out and decided as to be guided by the rule of law, respect for eral in Moscow attempted to disbar Karinna long as the political will does not change’’; fundamental freedoms and human rights, Moskalenko, one of Russia’s most distin- Whereas on February 25, 2009, Olga and tolerance for different views’’; guished and renown human rights lawyers Kudeshkina, former Moscow court judge who Whereas the United States and Russia, in a and defense counsel to Mikhail was dismissed from her duties in 2004, stated spirit of cooperation, will continue the dia- Khodorkovsky, in apparent reprisal for ac- that Moscow City Court ‘‘has turned into an logue on the issues affirmed in such joint tions she had taken on behalf of her client; institution of settling political, commercial statement at an upcoming summit to be held Whereas in August 2007 the highest court and other scores’’ and that ‘‘nobody can be in June 2009; of Switzerland denied Russian authorities sure that the case will be resolved in accord- ance with the law’’; Whereas it has been the long-held position access to Yukos documents on the basis that Whereas on April 2, 2009, Senator Ben of the United States to support the develop- the case against Yukos and its principal ex- Cardin, chair of the Helsinki Commission, ment of democracy, rule of law, judicial ecutives and core shareholders, specifically issued a statement in the Senate in which he independence, freedom, and respect for Mikhail Khodorkovsky and Platon Lebedev, noted that ‘‘the Council of Europe, Freedom human rights in the Russian Federation; had a ‘‘political and discriminatory char- House and Amnesty International, among Whereas Russian President Medvedev has acter. .undermined by the infringement of others, have concluded that Mr. called Russia a country of ‘‘legal nihilism’’ human rights and the right to defense’’; Khodorkovsky was charged and imprisoned and issued a new foreign policy doctrine cit- Whereas courts in Great Britain, the Neth- in a process that did not follow the rule of ing ‘‘the supremacy of law in international erlands, Cyprus, Liechtenstein, Lithuania, law and was politically influenced. .’’ and relations’’ as one of the top priorities of Rus- and Switzerland have described the Yukos that ‘‘the current charges. .amount to legal sia; proceeding as politically motivated and have hooliganism and highlight the petty mean- Whereas 2 prominent cases involve the rejected motions from Russian prosecutors ness of the senior government officials be- Yukos Oil Company and its president, Mi- seeking the extradition of Yukos officials or hind this travesty of justice. .should be khail Khodorkovsky and his partner, Platon materials for use in trials in Russia; dropped and the new trial should be aban- Lebedev, who were convicted and sentenced Whereas on October 25, 2007, the European doned’’; in May 2005 to serve 9 years in a remote Court of Human Rights ruled that Platon Whereas on April 10, 2009, the New York penal camp; Lebedev’s rights to liberty and security were Times published an editorial noting that the Whereas Russian authorities confiscated violated during his arrest and subsequent new charges and trial against Mikhail Yukos assets and assigned ownership to a pretrial detention; Khodorkovsky ‘‘are for show, intended only state company that is chaired by an official Whereas the 2008 Department of State to keep [him] and his colleague in prison for- in the Kremlin; harassed, exiled, persecuted, Human Rights Report stated: ‘‘The arrest ever’’; and imprisoned many Yukos officers and and conviction of Khodorkovsky raised con- Whereas on April 11, 2009, the Washington legal representatives; and issued a series of cerns about the right to due process and the Post wrote: ‘‘If Mr. Medvedev allows [the court rulings against Mr. Khodorkovsky and rule of law, including the independence of Khodorkovsky trial] to go forward to its Mr. Lebedev that violate international legal courts and the lack of a predictable tax re- scripted conclusion—a lengthy extension of norms; gime.’’; Mr. Khodorkovsky’s sentence to a Siberian Whereas at a press conference in May 2005, Whereas on March 13, 2008, the European prison camp—the point will be proved that President George Bush stated, ‘‘it appeared Parliament issued a resolution calling on the Russia still has no rule of law but only a to . people in my Administration, that Russian President to ‘‘review the treatment ruler’’; . [Mikhail Khodorkovsky] had been of imprisoned public figures (among them Whereas on April 21, 2009, Freedom House, judged guilty prior to having a fair trial. In Mikhail Khodorkovsky and Platon Lebedev), Amnesty International, Human Rights First, other words, he was put in prison, and then whose imprisonment has been assessed by Human Rights Watch, the International was tried’’; most observers as having been politically League for Human Rights, the Lantos Foun- Whereas on October 25, 2005, Congressmen motivated’’; dation for Human Rights and Justice, and Roger Wicker and Tom Lantos introduced H. Whereas in July 2008, President Dmitry the Jacob Blaustein Institute for the Ad- Res. 525, which noted the actions that the Medvedev said it was essential that Russia vancement of Human Rights joined in a let- Russian government had taken with respect ‘‘take all necessary means to strengthen the ter to President Medvedev in which they to Yukos, Mr. Khodorkovsky, and Mr. independence of judges’’ since ‘‘it goes with- note ‘‘the serious human rights concerns Lebedev, and called upon Russian authorities out saying that pressure is applied, influence raised by the case so far’’ and call on the to prove that the cases were not politically is exerted, and direct bribery is often used’’; Russian Government to ‘‘ensure that inter- motivated, that the Russian judicial system Whereas on August 22, 2008, Mikhail national observers are allowed unhindered is truly independent and not simply an in- Khodorkovsky was denied parole on the access to the courtroom’’ to monitor the strument of the Kremlin, and that the state grounds that he refused to take part in voca- trial, to ‘‘ensure that the rule of law is was not engaged in a campaign to selectively tional training in sewing and that he alleg- upheld’’ and that it ‘‘meets the standards of reclaim or re-nationalize private enterprises; edly failed to keep his hands behind his back the Russian Constitution and international Whereas on November 18, 2005, Senators during a jail walk; law’’; Joe Biden, Barack Obama, and John McCain Whereas on October 25, 2008, the State De- Whereas the selective disregard for the introduced S. Res. 322,