KHODORKOVSKY CONTRIBUTES TO INTERNATIONAL DEBATE ON RUSSIA
In a commentary entitled "A Time and a Place for Russia", published in the International Herald Tribune and timed to coincide with the annual World Economic Forum in Davos, Khodorkovsky weighed in on the debate about Russia's future development.
Khodorkovsky warned that Russia risks further degenerating into a classic third-world-style, raw materials-based economy, "where corruption is the norm rather than the exception and there is no working system of democratic and social institutions." He put the onus on Russia's elites to "turn back from the dead end toward which we are heading", yet also called upon Western leaders to return to a strategic dialogue with Russia and to develop a policy toward Moscow that is not dependent on Russia's current leading exports.
INSIDE THE TRIAL
On February 9th, the prosecution filed another motion to extend the detention of Khodorkovsky and Lebedev for an additional three months, to May 17th. This is the third motion of this kind since the trial began in March of last year. Not surprisingly, the court extended the detention period despite the defence's claims that the motion lacked any factual basis and that the prosecution have been systematically violating Russian regulations and legal requirements. Out of 97 motions filed to date by the defence, 77 have been denied. In contrast, the prosecution have filed only six motions, of which only one has been denied. Following the decision, defence lawyer Vadim Klyuvgant stated that Khodorkovsky and Lebedev's persecutors are seeking to break them morally and therefore creating as hard, harsh and inhuman conditions as possible.
On February 17th, Khodorkovsky unsuccessfully asked the judge to suspend the trial after a prosecutor - apparently unwittingly - confirmed in contradiction of the charges that Yukos had in fact received revenue from sales of oil.
INTERNATIONAL LEGAL DEVELOPMENTS
On February 1st, three highly anticipated arbitral awards permitting former shareholders of Yukos to proceed to the merits phase of their multibillion-dollar expropriation claim against the Russian Federation were released to the public. According to the claimants, measures taken by Russia, including criminal prosecutions, tax reassessments, and the annulment of Yukos's merger with Sibneft, left their investment in Yukos virtually worthless. The arbitration proceedings, at the Permanent Court of Arbitration in the Hague, are based on claims under the Energy Charter Treaty.
Meanwhile, on March 4 the European Court of Human Rights will finally hear the case of Yukos Oil Company v. Russian Federation, brought by the former managers of Yukos. The hearing in Strasbourg has been repeatedly postponed by the Russian Federation. This will be the first time in more than six years of litigation that representatives of both sides will make their arguments face-to-face. An update will be provided in our newsletter next month and further information can be found at www.yukos-echr-claim.com
AROUND THE WORLD
As the trial progresses, Russia's current trajectory continues to be a subject of international concern. Karinna Moskalenko, founder of Moscow's International Protection Centre and one of Russia's most prominent human rights lawyers, visited the US this month to discuss the Khodorkovsky case and its impact on Russia's development. Participating in expert panels across the US, she said that the Khodorkovsky case exemplifies the lack of rule of law and judicial independence in Russia today, and that Khodorkovsky's imprisonment is an ongoing warning to the business community.
On February 2nd, Graham Watson and Kristiina Ojuland, Members of the European Parliament, hosted the opening of an exhibition of sketches in the European Parliament, under the theme: "(in)justice - Drawing the Court: the trial of Mikhail Khodorkovsky and Platon Lebedev". The courtroom drawings have travelled to Paris and are being displayed as part of the programme of the Alternative France-Russia year 2010.
