[Congressional Record Volume 156, Number 161 (Wednesday, December 8, 2010)]
[Senate]
[Page S8635]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       MIKHAIL KHODORKOVSKY TRIAL

  Mr. WICKER. Mr. President, in June of this year, I joined my friend 
and colleague, Senator Ben Cardin, on the Senate floor to discuss an 
issue of great concern to both of us and to many Americans and to many 
advocates of freedom and the rule of law internationally. That issue is 
the ongoing trial in Russia of Mikhail Khodorkovsky and his business 
partner, Platon Lebedev.
  This trial, or what Gary Kasparov writing for the Wall Street Journal 
called ``the latest judicial travesty,'' came to a close November 2. A 
decision by the court is expected on December 15.
  Khodorkovsky was first arrested in 2003 and convicted in 2005. This 
trial was unfair and politically motivated according to Western human 
rights groups, Western media, and many other independent observers. 
There is broad opinion that this second trial has been staged, has not 
provided the opportunity to judge facts in a clear, impartial manner, 
and in general has not honored the rule of law.
  I know this is not a jury trial. The finder of fact is a single 
judge. Many have claimed that this judge has come under both direct and 
indirect pressure in this case. In addition, the prosecution has used 
language in closing arguments as if a guilty verdict had already been 
rendered. Sadly, there seems to be little hope for a just verdict from 
this second trial, and now Khodorkovsky and Lebedev will face the 
prospect of many more years in jail. These men have already served 7 
years in prison and paid an unjust price for a politically inspired 
campaign against them. They have sacrificed much of their lives, their 
freedoms, and their rights. It is time for both men to be set free and 
for justice to be served in Russia.
  This case is broader than Khodorkovsky and Lebedev as individuals. It 
raises the question about whether there are truly independent 
functioning institutions in Russia. A guilty verdict would show that 
when Russian authorities want to, they can act above the law, as they 
did in the first trial. It would also underscore that property rights 
in Russia are meaningless, sending a chilling message to investors and 
businesses alike, both domestically in Russia and internationally. I 
fear we will see more cases where rights are violated and the legal 
process undermined.
  Thankfully, it is becoming increasingly difficult for Russian 
authorities to hide the illegitimacy of the charges and the process. 
Government officials, human rights activists, journalists, and others 
continue to raise questions about the legitimacy of this trial.
  Some might suggest that we in the Congress and we in America should 
refrain from commenting on cases in a sovereign nation's court system. 
I disagree. I do not think this is true when a nation's court system is 
clearly not independent and is being used to undermine the rule of law 
and fundamental democratic principles.
  I have led efforts to support congressional resolutions and hearings 
to draw attention to specific issues about this case because I believe 
they are symbolic of broader and disturbing trends in Russia. I and 
other colleagues in the Senate will continue to do so.
  As I said in June of this year:

       The United States stands behind those who call for freedom 
     from tyranny and justice around the world. We must continue 
     to stand with Mikhail Khodorkovsky and Platon Lebedev.

  As a second flawed trial comes to conclusion, this is truer now than 
ever before. The international community will be closely watching the 
outcome of this case. I urge my colleagues, President Obama, and the 
administration to do the same. I hope Russia will choose the right path 
and somehow that justice will prevail in this infamous case.
  I yield the floor.
  The PRESIDING OFFICER. The majority whip.

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