A month before the six-year anniversary of Mikhail Khodorkovsky's arrest, the prosecution concluded their presentation of case materials in the absurd, politically-driven second trial of Khodorkovsky and co-accused Platon Lebedev.

However, instead of establishing the two men's guilt, the documentary evidence only further proved the allegations to be fraudulent and lacking common sense. Indeed, many of the documents presented actually disproved the accusations. Evidence in the case materials demonstrated that:

• All Yukos oil produced was shipped in accordance with contracts and was fully documented;
• Yukos production subsidiaries suffered no damage whatsoever, having received payment that covered their production expenses and generated profits;
• The indictment's assertions of Yukos oil theft have never been substantiated by any report of loss (let alone stealing), or any other proof adduced by the prosecution.

Commenting on the prosecution's presentation in an interview with Germany's FOCUS magazine, Khodorkovsky said: "I asked the prosecuting attorneys in court to please tell me how, in their opinion, I could have 'secretly stolen' 350 million metric tons of oil, of which they accuse me, if the purchase price for this oil was paid in full to the suppliers, and it reached the customers...The court also suggested that they explain. The prosecution refused in public view to explain. The court said it cannot force them to do so. That shows very clearly just how 'justified' the claims against me are."

In the next stage of the trial the prosecution will examine its witnesses in court [see defence team statement].

TRIAL VIOLATIONS 'UNPRECEDENTED' IN RECENT HISTORY

There have been numerous and systematic violations of the defendants' rights since the trial began in March. As stated by defence lawyer Yuri Schmidt, these violations have been "unprecedented in recent history" within Russia. All defence motions requesting the inclusion of evidence and expert opinion that established facts contrary to those alleged in the indictment were rejected by the court without any valid cause or explanation. Khodorkovsky was also denied a request to testify in court, and he therefore released his planned testimony to the Russian edition of Newsweek [see testimony].

Meanwhile, also this month, the Moscow City Court affirmed on appeal the decision of Judge Danilkin to extend Khodorkovsky's and Lebedev's detention in Matrosskaya Tishina. This means that Khodorkovsky and Lebedev will continue to be subjected to the harsh conditions of incarceration of a remand jail as opposed to the conditions of a prison camp to which both of them were convicted in 2005. The defence team has been forced to file a complaint to the European Court of Human Rights in response to this unlawfully harsh treatment.

Over the course of the past six years, Khodorkovsky's and Lebedev's conditions of incarceration have been appallingly inhumane. Their rights as suspects and prisoners have been ignored, making it clear that the two men have been singled out for unlawfully punitive treatment.

In an interview with The Sunday Times, Khodorkovsky provided rare first-hand insights into his captivity, stating: "I'm not allowed simple things like a laptop or a marker pen. But that's no big deal. What's far worse is that I'm allowed to see my family only twice a month for an hour, through a glass partition. It's been like that already for six years, except for one year in a penal colony, where the rules are more relaxed. Meanwhile, my children are growing, my son is getting married, my daughter is going to university, and my younger children started school. My parents are not getting any younger. No one except the country's top leadership can say if I'll ever be released. So I live as if I'll be in jail for the rest of my life."

What crime that triggered this punishment? As stated by Yuri Schmidt, "instead of building palaces on the Cote d'Azur, buying yachts and soccer teams, this strange person began to openly fund opposition parties putting huge money into educational and other humanitarian projects..."

As Khodorkovsky endures his ordeal, Russian legislators have begun moves to eliminate juries from certain trials, and are working on a new piece of draft legislation which would restrict the lawyers' use of computers, cameras, copying and recording material in pre-trial detention facilities. 

PEOPLE IN RUSSIA AND AROUND THE WORLD UNITED IN CONDEMNATION OF THE TRIAL

As the trial continues, Khodorkovsky and Lebedev are sustained by support they receive from people in Russia and around the world, who have united in condemning this politically-driven trial. In Russia, polls are showing growing support for Khodorkovsky and a greater understanding of the political motivations behind the trial. A recent artists' competition brought 35 illustrators into the courtroom. The organiser, Zlata Ponirovskaya from Sergei Kuznetsov Content Group, said that none of the artists expressed an anti-Khodorkovsky view in their drawings: "If not a single person sided with the accusing party, that means over 100 percent of all artists consider this trial a sham".   

On September 23rd, the Italian parliament voted in favour of a motion tabled by Pier Ferdinando Casini, leader of the Christian Democrat Party, urging the Italian government to "activate all diplomatic channels, together with other European partners, to guarantee the respect for human rights and the right of defence for Mikhail Khodorkovsky and Platon Lebedev and for all Russian citizens." Out of 478 members of parliament attending the plenary session, 430 voted in favour of the motion. Alfredo Mantica, Undersecretary of State for the Italian Ministry of Foreign Affairs, also expressed support for the motion on behalf of the government and called for its unanimous adoption by all political groups.

In the UK this month, Liberal Democrat Shadow Foreign Secretary Ed Davey also condemned the trial. Speaking at the party's annual conference, he said: "It's increasingly clear that the Khodorkovsky trial looks like a show trial, going back to the bad old ways of the former Soviet Union... If we don't see serious legal reform in Russia, the ability of British companies and western companies in general to be able to do business in Russia, to invest in Russia, and to work in partnership with both the Russian Government and Russian firms will be under serious question."

SIGNS OF CHANGE FROM THE KREMLIN?

Meanwhile, a recent speech by President Dmitry Medvedev at an international security conference in September indicated a shift towards more tolerance by the Kremlin of foreign criticisms. President Medvedev stated that all countries must be willing to accept the criticism of others. "Countries are entitled to critically assess not only foreign, but also domestic policies of one another," Medvedev said. "They may point to flaws of such policy if it may lead to international problems."

This month President Medvedev also published a remarkably forthright article, entitled "Go Russia!", in which he stated that fundamental rights and freedoms Russian citizens needed protection "from the sort of corruption that breeds tyranny, lack of freedom and injustice." The president further stated: "We have to create a modern efficient judiciary....We also have to rid ourselves of the contempt for law and justice, which ... has lamentably become a tradition in this country....We have to teach law enforcement officers to protect and defend rights and freedoms, to justly, clearly and effectively resolve conflicts in the legal field. We need to eliminate attempts to influence judicial decisions for whatever reasons."

Commenting on the article, and cited in The Economist, a reader noted: "Mr President, your mostly correct words have nothing in common with what is happening in the country of which you are the leader. I don't believe you. Do something first, something that would illustrate your readiness to modernise the country and move it forward. Fire the government or let Khodorkovsky out. At least do something!"

The "flaws" of Russia's rule of law are apparent, as are the resulting "international problems." In this respect, the now-overdue release of Khodorkovsky and Lebedev, and the termination of the sham trial currently underway, would be real proof that President Medvedev's words are beginning to have concrete effects in Russia.

LOOKING AHEAD:
LEIPZIG CONCERT FOR KHODORKOVSKY

In Germany on October 29th, in commemoration of the 20-year anniversary of the fall of the Berlin Wall, world-renowned violinist Gidon Kremer and his Kremerata Baltica orchestra will present a concert dedicated to Mikhail Khodorkovsky. Gidon Kremer, Kremerata Baltica and conductor Roman Kofman along with other distinguished musicians will perform the German premiere of Arvo Pärt's "4th Symphony" in dedication to Mikhail Khodorkovsky, as well as the "Silent Prayer" by Giya Kancheli.

For more information on Mikhail Khodorkovsky and Platon Lebedev and updates on the trial, please visit http://www.khodorkovskycenter.com