Whereas the United States supports the development of
democracy, civil society, and the rule of law in the Russian Federation;
Whereas the rule of law and the guarantee of equal justice
under the law are fundamental attributes of democratic societies;
Whereas 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;
Whereas the Department of State 2004 Country Report on
Human Rights Practices in Russia stated that the arrest of Mr. Khodorkovsky was
widely believed to have been prompted, at least in part, by the
considerable financial support he provided to opposition groups;
Whereas Secretary of State Condoleezza Rice has remarked
that the arrest of Mr. Khodorkovsky and the dismantling of his company have
raised significant concerns
about the independence of the
judiciary in Russia;
Whereas the independent non-governmental organization
Freedom House has asserted that the conviction of Mr. Khodorkovsky
underscores the serious erosion of the rule of law and growing
intolerance for political dissent in Russia
;
Whereas upon concluding an investigation of the facts
surrounding the case of Mr. Khodorkovsky and Mr. Lebedev, the Human Rights
Committee of the Parliamentary Assembly of the Council of Europe determined
that the two men were arbitrarily singled out
by the Russia
authorities, violating the principle of equality before the law;
Whereas in May 2005, a Moscow court sentenced Mr.
Khodorkovsky to serve 9 years in prison;
Whereas Article 73 of the Russian Criminal Penitentiary
Code stipulates that except under extraordinary circumstances, prisoners serve
their terms of deprivation of liberty on the territory of subjects of the
Russian Federation where they reside or were convicted;
Whereas on or about October 16, 2005, Mr. Khodorkovsky was
sent to prison camp YG 14/10 in the Chita Region of Siberia;
Whereas on or about October 16, 2005, Mr. Lebedev was sent
to penal camp number 98/3 in the arctic region of Yamal-Nenets;
Whereas the transfer of Mr. Khodorkovsky and Mr. Lebedev
constitutes an apparent violation of Russia law and hearkens back to the worst
practices and excesses of the Soviet era;
Whereas a broad coalition of human rights advocates and
intellectuals in Russia have appealed to Vladimir Lukin, the Human Rights
Commissioner of the Russian Federation, to investigate and rectify any abuse of
Russia law associated with the transfer of Mr. Khodorkovsky and Mr. Lebedev;
and
Whereas the selective disregard for the rule of law by
officials of the Russian Federation further undermines the standing and status
of the Russian Federation among the democratic nations of the world: Now,
therefore, be it
That it is the sense of the Senate
that—
(1)the criminal
justice system in Russia has not accorded Mikhail Khodorkovsky and Platon
Lebedev fair, transparent, and impartial treatment under the laws of the
Russian Federation;
(2)the standing and
status of the Russian Federation among the democratic nations of the world
would be greatly enhanced if the authorities of the Russian Federation were to
take the necessary actions to dispel widespread concerns that—
(A)the criminal
cases against Mr. Khodorkovsky, Mr. Lebedev, and their associates are
politically motivated;
(B)the transfer of
Mr. Khodorkovsky and Mr. Lebedev to prison camps thousands of kilometers from
their homes and families represents a violation of the norms and practices of
Russia law; and
(C)in cases dealing
with perceived political threats to the authorities, the judiciary of Russia is
an instrument of the Kremlin and such judiciary is not truly independent;
and
(3)notwithstanding
any other disposition of the cases of Mr. Khodorkovsky and Mr. Lebedev, and
without prejudice to further disposition of same, Mr. Khodorkovsky and Mr.
Lebedev should be transferred to penal facilities with locations that are
consonant with the norms and general practices of Russia law.