[Congressional Record (Bound Edition), Volume 157 (2011), Part 2]
[Senate]
[Pages 2340-2341]
[From the U.S. Government Publishing Office, www.gpo.gov]




   SENATE RESOLUTION 65--EXPRESSING THE SENSE OF THE SENATE THAT THE 
     CONVICTION BY THE GOVERNMENT OF RUSSIA OF BUSINESSMEN MIKHAIL 
  KHODORKOVSKY AND PLATON LEBEDEV CONSTITUTES A POLITICALLY MOTIVATED 
CASE OF SELECTIVE ARREST AND PROSECUTION THAT FLAGRANTLY UNDERMINES THE 
     RULE OF LAW AND INDEPENDENCE OF THE JUDICIAL SYSTEM OF RUSSIA

  Mr. WICKER (for himself, Mr. Cardin, and Mr. McCain) submitted the 
following resolution; which was referred to the Committee on Foreign 
Relations:

                               S. Res. 65

       Whereas it has been the long-held position of the United 
     States to support the development of democracy, rule of law, 
     judicial independence, freedom, and respect for human rights 
     in the Russian Federation;
       Whereas, on April 1, 2009, President Barack Obama and 
     President of Russia Dmitry Medvedev issued a joint statement 
     affirming that ``[i]n our relations with each other, we also 
     seek to be guided by the rule of law, respect for fundamental 
     freedoms and human rights, and tolerance for different 
     views'';
       Whereas President Medvedev publicly stated that ``Russia is 
     a country of legal nihilism'' and that ``no European country 
     can

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     boast such a universal disregard for the rule of law'' and 
     declared his ``main objective is to achieve independence for 
     the judicial system'' through ``significant, maybe even 
     radical changes'';
       Whereas two prominent cases of ``universal disregard for 
     the rule of law'' in Russia involve the president of the 
     Yukos Oil Company, Mikhail Khodorkovsky, and his partner, 
     Platon Lebedev, who were first convicted and sentenced in May 
     2005 to serve nine years in a remote penal camp for charges 
     of tax evasion;
       Whereas it is believed that Mr. Khodorkovsky was 
     selectively targeted for prosecution because he supported and 
     financed opposition political parties, among other reasons;
       Whereas authorities in Russia subsequently expropriated 
     Yukos assets and assigned ownership to a state company that 
     is chaired by an official in the Kremlin;
       Whereas courts around the world have described the Yukos 
     proceedings as impartial and have rejected motions from 
     prosecutors in Russia seeking extradition of Yukos officials 
     or materials;
       Whereas, on February 5, 2007, prosecutors in Russia 
     suspiciously brought new charges against Mr. Khodorkovsky and 
     Mr. Lebedev on the eve of their eligibility for parole, 
     accusing them of embezzling the entire Yukos oil production 
     for 6 years (1998 through 2003);
       Whereas, on December 16, 2010, and just days before judge 
     Viktor Danilkin's verdict, Prime Minister Vladimir Putin 
     publicly called Mr. Khodorkovsky a ``thief'' who must ``sit 
     in jail,'' and stated that ``we should presume that Mr. 
     Khodorkovsky's crimes have been proven in court'';
       Whereas, on December 27, 2010, Mikhail Khodorkovsky and 
     Platon Lebedev were convicted of embezzlement charges and 
     sentenced to six additional years in prison;
       Whereas the United States Department of State's 2009 
     Country Report on Human Rights Practices in Russia reported 
     that ``the arrest, conviction, and subsequent treatment of 
     Khodorkovsky raised concerns about due process and the rule 
     of law, including the independence of courts'' and that 
     Khodorkovsky was ``selectively targeted for prosecution 
     because of his political activities and as a warning to other 
     oligarchs against involvement in political or civil society 
     issues'';
       Whereas, following the 2010 conviction, the editorial 
     boards of the New York Times, Washington Post, and Wall 
     Street Journal stated respectively that the ``latest 
     prosecution suggests that Russia's judiciary is still under 
     Mr. Putin's thumb and Mr. Medvedev's talk of reform is just 
     talk,'' ``Russia remains the country of Mr. Putin,'' and 
     ``the Kremlin again chose to flout the rule of law, the 
     political opposition and human rights'';
       Whereas the Senate has consistently voiced concern about 
     the impartial treatment of Mr. Khodorkovsky and Mr. Lebedev 
     at the hands of the Government of Russia;
       Whereas, on December 9, 2003, the Senate unanimously passed 
     S. Res. 258 (108th Congress), calling on the authorities in 
     Russia to ``dispel international concerns that the cases 
     against Mikhail B. Khodorkovsky and other business leaders 
     and politically motivated''; and
       Whereas, on November 18, 2005, the Senate unanimously 
     passed S. Res. 322 (109th Congress), expressing the sense 
     that ``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'': Now, therefore, be it
       Resolved, That it is the sense of the Senate that--
       (1) in cases dealing with perceived threats to authorities, 
     the judiciary of Russia is frequently used as an instrument 
     of the Kremlin and is not truly independent or fair;
       (2) Mikhail Khodorkovsky and Platon Lebedev are political 
     prisoners who have been denied basic due process rights under 
     international law;
       (3) in light of the record of selective prosecution, 
     politicization, and abuse of process involved in their cases, 
     and as a demonstration of Russia's commitment to the rule of 
     law, democracy, and human rights, the 2010 conviction issued 
     by authorities in Russia against Mr. Khodorkovsky and Mr. 
     Lebedev should be overturned; and
       (4) the Government of Russia is encouraged to take these 
     actions to uphold the rule of law, democratic principles, and 
     human rights to further a more positive relationship between 
     the Governments and people of the United States and Russia in 
     a new era of mutual cooperation.

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