The murder of the human rights activist Natalya Estemirova, just one week after U.S. President Barack Obama met with human rights defenders in Russia, has raised serious questions over whether Russia will ever be a safe place for free speech. A statement issued by UN rights experts on Tuesday July 21 called on the Russian Government do all it can to catch and punish Estemirova's killers:
"[The Russian Government's] assurances will be worth little unless the authorities take steps that go beyond what has been done in the past which has all too often led to a cycle of impunity...We offer our assistance to the Russian authorities in light of the failure to effectively and impartially investigate the killings and attacks on a number of human rights defenders in recent years...and to bring the perpetrators to justice."
This murder, along with the upcoming new trial of participants in the conspiracy to kill Anna Politkovskya, have shown just how critical it is for President Medvedev to re-establish trust in the Russian legal system through serious and effective reform measures. The Estemirova and Politkovskaya processes promise to attract significant international attention. In parallel, Khodorkovsky's trial continues to shock foreign observers, witnessing for themselves the extent to which "legal nihilism" reigns in Russia. In focusing attention on trials like these, the Russian people and the international community continue to create pressure for the Russian Government to understand that oppression of human rights, property rights, and fair trial rights all have a cost, and will be overlooked neither by Russians nor by the rest of the world. Learn how you can visit the courtroom »
Legal nihilism and human rights infringements continue in the politically motivated Khodorkovsky trial
Throughout the trial this month, Khodorkovsky remained restrained within an aquarium-like holding cell in the courtroom, escorted to and from the proceedings by eight guards holding Kalashnikovs. The prosecution continued to violate procedural rules, presenting reams of documents of no relevance and often refusing to allow the defense to analyse the evidence. Documents presented by the prosecution were often incomplete copies and of dubious origin; translations contained substantive mistakes that masked the true meaning of the originals and were often unsigned. Khodorkovsky and Lebedev continued to push a renewed motion for the appointment of independent forensic experts to conduct a mathematical calculation of the prosecution's alleged total tonnage of oil embezzled in 2003. On July 3rd, the defense renewed its previous motion to return the case to investigators. However, as with nearly all defense motions, these requests were denied by the judge (see courtroom updates).
Khodorkovsky's fundamental rights have repeatedly been swept aside during this second politically motivated trial. Khodorkovsky remains needlessly detained under harsh solitary conditions. Family visits are restricted and contact with other people is kept to a minimum. He is only allowed to see his family twice a month from behind a glass screen. During the trial he will remain incarcerated in Moscow's notorious Matrosskaya Tishina pre-trial detention prison.
The European Court of Human Rights plans to hold hearings this autumn on the political motivation behind Khodorkovsky's imprisonment and on the infringement of his human rights. Meanwhile, the Court will hold a hearing on a related Yukos claim on November 19, 2009.
The damning evidence behind the political motivation of Khodorkovsky's wrongful imprisonment was bolstered this month in a Financial Times interview with former Russian Prime Minister Mikhail Kasyanov. For the first time, Kasyanov disclosed details of closed-door conversations he had with then-President Vladimir Putin, in which the President revealed political motives for the state's proceedings against Khodorkovsky. According to Kasyanov, in a private meeting in the President's Kremlin office in July 2003, Putin told him that Khodorkovsky had "crossed a line" by supporting various political parties without his permission. This disclosure from a former Prime Minister of Russia is a damning indictment of the administration's abuse of the Russian legal system for political ends.
Medvedev will have the support of Russia's fledgling civil society for reform
In an interview with Kommersant Vlast, Khodorkovsky outlined a radical reform plan for the Russian judicial system to strengthen the independence of courts and reduce the level of corruption by giving more power to juries, having life-term judges elected by peers, and instituting the partial immunity of judges from prosecution.
No matter how President Medvedev achieves his objectives of legal system reform, few doubt that if he succeeds he will be well on his way towards making Russia a respected, world-leading and visionary superpower. As Simon Tisdall from The Guardian said this month; developing a law-abiding, economically diversified civil society at home while pursuing less un-civil, more co-operative behavior abroad may be the only path to returning strength to Russia and delivering a second term for Medvedev.
The Russian President is not alone in his aspirations for a fair and just legal system in Russia. He also has the support of the international community and the emerging civil society growing day by day in Russia. U.S. President Barack Obama said during his recent visit to Moscow that he "supports President Medvedev's courageous initiative to strengthen the rule of law in Russia, which of course includes making sure that all those accused of crimes have the right to a fair trial and that the courts are not used for political purposes." (Read the full interview »)
Despite his treatment by the Russian authorities, Khodorkovsky has high hopes for the development and nurturing of a civil society in Russia. In an article published in the Moscow Times, Khodorkovsky wrote that, "sooner or later, the Russian people will definitely build a true democracy for themselves and their children." He went on to write that if President Medvedev is successful in rebuilding the Russian citizenry's trust in the system, "this trust will reinforce society's confidence in its own strength, stimulate entrepreneurial activity and help boost long-term investment from both foreigners and Russians."
