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30 June 2009 ENGAGEMENT BASED ON TRUST WILL BE THE KEY TO RUSSIA RE-ESTABLISHING ITSELF AS A WORLD SUPERPOWER
Freeing Khodorkovsky and ending this absurd trial would mark the first major step in Medvedev's aspiration to rebuild trust in Russia
This month saw the prosecution continue its absurd trial against former YUKOS chief Mikhail Khodorkovsky, presenting documents of unknown relevance to the alleged charges and leaving out key details in evidence submissions. The trial continued to highlight a complete disregard for property rights in Russia and the infringement of the defendant's human rights, further fostering mistrust in Russia's aspirations for reengagement with the international community and the likelihood of a fair outcome to the trial.
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Implications of a guilty verdict
If Khodorkovsky is found guilty of these fabricated charges, there could be serious ramifications for companies which ended up with assets stripped from YUKOS. In an open letter to purchasers of YUKOS assets published in the Financial Times in June, Khodorkovsky's defense lawyers said that the conviction of top YUKOS executives would expose anyone who conducted business with the oil giant between 1998 and 2004 to forfeiture proceedings by Russian prosecutors. The Russian government is setting down a path that could have serious consequences for investors, as assets which previously belonged to YUKOS could - based on the current trial - be considered proceeds of activities now deemed to have been criminal.
Obama must help Medvedev rebuild trust in Russia
These implications, combined with Russia's continued refusal to honor its signature of the Energy Charter Treaty, have deepened mistrust amongst investors and Western political leaders, presenting Medvedev with numerous hurdles in his attempt to reposition the country as a credible international superpower.
It is here that US President Barack Obama has a unique opportunity to support the Russian President in his aspirations when he meets with Medvedev next month ahead of the G8 Summit.
Both Obama and Medvedev are lawyers by trade and understand that respect of human rights, property rights and due process are the cornerstones to building mutual trust between the two countries. For Obama, this belief was exemplified by a resolution he signed as Senator in 2005, with then-Senator Joe Biden and Senator John McCain, stating that "the trial, sentencing, and imprisonment of Mikhail Khodorkovsky and Platon Lebedev have raised troubling questions about the impartiality and integrity of the judicial system in Russia." Four years later, President Medvedev surely recognises that the release of Khodorkovsky would be an important step towards building Russia's reputation in matters of justice and property rights.
US and Europe seek a sign from Russia that it is willing to re-engage
Countries around the world want to see Russia committed to its domestic and international obligations of respect for property rights and human rights. They view the Khodorkovsky trial as a key test of this commitment. This month, US Senators Roger Wicker (R-MS) and Benjamin Cardin (D-MD) submitted a bipartisan resolution expressing concern over the politically-motivated trial and suggesting that the liberation of Khodorkovsky would be consistent with democratic principles and human rights and would establish a more positive relationship between the United States and Russia, helping to open a new era of mutual cooperation.
This month also saw members of Germany's Bundestag issue a motion indicating that the Khodorkovsky trial is a "test case of the Russian justice system's credibility, as demanded by President Medvedev, and the respect of Council of Europe standards." The motion, backed by the country's biggest political parties including Chancellor Merkel's Christian Democrats and the Social Democrats, stated that a guilty verdict would damage not only Russia's reputation, its economy and its diplomatic ties, but above all the legal and human rights principles to which Russia itself has vowed to adhere.
This month a report of the Parliamentary Assembly of the Council of Europe 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, a former German minister of justice who as 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. The report describes the new charges against Khodorkovsky as "bizarre" and "contradictory," and asserts that Russian authorities are waging an "unrelenting campaign" against Yukos and its executives. The report also describes as "perplexing" many of the inconsistencies in the prosecutors' arguments.
Meanwhile, in court, the prosecutorial farce continues. Khodorkovsky is constantly deprived of his right to examine documents presented by the prosecution. No logical link is made between the documents presented as evidence and the allegations against Khodorkovsky. Defense motions protesting the prosecutors' due process violations are routinely denied. The prosecution has attempted to argue for complete closure of the trial to the public this month. Court guards have tried to block defense attorneys from handing a copy of a newspaper to the defendants through an opening in the glass booth in which they are confined.
Ending what clearly appears to be a political show trial would be the first major step by President Medvedev towards re-building mutual trust with the rest of the world and re-establishing Russia as a global superpower. Without support from the US and Europe however, President Medvedev's hopes of a Russia devoid of legal nihilism will eventually disappear.
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ABOUT THE CASE
Mikhail Khodorkovsky and Platon Lebedev, two of Russia's leading entrepreneurs, have been unjustly imprisoned since October of 2003. After a year-long trial rife with violations of procedure and due process, in 2005 the men were convicted and sent thousands of miles away to Siberian prison camps.
After serving half of their sentences Khodorkovsky and Lebedev became eligible for release on parole in October 2007. Instead of being released, prosecutors filed new charges against them, and their new trial began on March 31, 2009.
In the new trial, Khodorkovsky and Lebedev are charged with the embezzlement of oil produced by YUKOS subsidiaries, embezzlement of shares held by a YUKOS subsidiary, and money laundering resulting from the sale of the allegedly embezzled oil. If found guilty, both men are facing up to 22 years in prison.
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COMMENTS FROM AROUND THE WORLD
"[The trial of Khodorkovsky] acts as an indicator of how much President Dmitry Medvedev is keeping his promise to make the Russian justice system independent and fair. The economic charges which Khodorkovsky is facing - the story of mind boggling volumes of oil which he is supposed to have stolen and unlawfully legalized, and of the huge sums which he supposedly pocketed - of course, these do not stand up to any scrutiny."
Markus Meckel, Member of Bundestag, the Social Democratic Party's (SPD) Foreign Affairs spokesman (Osobaya Bukva, June 15, 2009)
"[T]he accusations have reached the point of absurd, when standard commercial operations of a vertically-integrated company are portrayed as embezzlement and legalization of criminally obtained money. It is scary to realize at what speed we are moving back to the Soviet times with these methods of economic management."
Vladimir Milov, Former Russian Deputy Energy Minister (Vedomosti, 10 June, 2009)
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