[Congressional Record Volume 151, Number 154 (Friday, November 18, 2005)]
[Senate]
[Pages S13396-S13397]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 322--EXPRESSING THE SENSE OF THE SENATE ON THE TRIAL, 
SENTENCING, AND IMPRISONMENT OF MIKHAIL KHODORKOVSKY AND PLATON LEBEDEV

  Mr. BIDEN (for himself, Mr. McCain, and Mr. Obama) submitted the 
following resolution; which was considered and agreed to:

                              S. Res. 322

       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
       Resolved, That it is the sense of the Senate that--

[[Page S13397]]

       (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.

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