Global Leaders

Leaders in the United States, Europe and elsewhere have taken a significant interest in the Khodorkovsky and Lebedev case. Beginning with former Canadian Prime Minister Jean Chrétien's personal intervention with Vladimir Putin on Khodorkovsky's behalf in 2004, world leaders have cited the case as a sign of the erosion of democracy and rule of law in Russia.

The United States

US Administration

During a visit to Moscow in July 2009, President Obama said: "It does seem odd to me that these new charges, which appear to be a repackaging of the old charges, should be surfacing now, years after these two individuals have been in prison and as they become eligible for parole."

Although he said it would be improper to interfere in Russia's legal processes, Obama affirmed his support for President Dmitry Medvedev's "courageous initiative" to strengthen rule of law in Russia. He added that this included "making sure that all those accused of crimes have the right to a fair trial and that the courts are not used for political purposes."

Obama's visit was followed by a trip to Moscow by US Secretary of State Hillary Clinton in October 2009. Like Obama, Clinton was pressed to comment on the abuses of human rights in Russia, including the continued imprisonment of Mikhail Khodorkovsky and Platon Lebedev. In an interview around her visit, Clinton discussed Russia's systematic abuses and called on Russia's government to do more: "I think all of these issues - imprisonments, detentions, beatings, killings - is something that is hurtful to see from the outside...We want the government to stand up and say this is wrong."

The US State Department's 2009 annual report on human rights gave a grim assessment of the human rights record in a number of states around the globe, including Russia. In the political prisoners and detainees section, the report highlights the ongoing Khodorkovsky-Lebedev trial noting that "the defendants, as well as a number of observers, questioned the validity of the new charges." Their case is referenced along with many other notable rights abuses in Russia including the treatment of former YUKOS lawyer Vasily Aleksanyan.

In 2009, the US State Department report cited Russian rights abuses in the North Caucasus where security forces were responsible for killing or maltreating political opponents. It also criticized Moscow's pressure on the news media and the hitherto unexplained deaths of several journalists.

Former US Secretary of State Condoleezza Rice stated that the cases against Khodorkovsky and YUKOS "have raised significant concerns in the investor community and in political circles about the role of rule of law and an independent judiciary in Russia."

On February 5, 2007, when the new allegations against Khodorkovsky and Lebedev emerged, the US State Department issued the following comment:

"As we have commented in connection with the original trial, the continued prosecution of Mikhail Khodorkovsky and the dismantlement of YUKOS raise serious questions about the rule of law in Russia. Khodorkovsky and his associate, Platon Lebedev, would have been eligible to apply for parole this year, having served half of their terms. These new charges would likely preclude their early release. Many of the actions in the case against Khodorkovsky and YUKOS have raised serious concerns about the independence of courts, sanctity of contracts and property rights, and the lack of a predictable tax regime. The conduct of Russian authorities in the Khodorkovsky Yukos affair has eroded Russia's reputation and confidence in Russian legal and judicial institutions. Such actions as this and other cases raise questions about Russia's commitment to the responsibilities which all democratic, free market economies countries embrace."

US Congress

On June 21, 2010, Senators Wicker and Cardin engaged in a colloquy dedicated to Mikhail Khodorkovsky's trial, on the floor of the US Senate. The Senators said that the trial was one of concern to human rights advocates around the world. They expressed admiration for Khodorkovsky and urged President Barak Obama to raise Khodorkovsky's release with Dmitry Medvedev during the Russian President's trip to the US that week.

In June 2009, key members of the US House and Senate introduced two resolutions condemning the politically motivated trial of Khodorkovsky and Lebedev.

US Reps. James McGovern (D-Mass.), chairman of the Tom Lantos Human Rights Commission, and Robert Wexler (D-Fla.), chairman of the Foreign Affairs Subcommittee on Europe, introduced a resolution in the US House of Representatives stating that the Khodorkovsky-Lebedev trial constitutes a politically-motivated case of selective arrest and prosecution that serves as a test of the rule of law and independence of Russia's judicial system.

This resolution came just days after the bipartisan filing of a similar resolution by US Senators Roger Wicker (R-Miss.) and Benjamin Cardin (D-Md.), urging the US Senate to recognize that Khodorkovsky and Lebedev have been denied basic due process rights under international law for political reasons.

In October 2005, just after the trial and sentencing of Khodorkovsky and Lebedev in their first trial, Congressmen Roger Wicker and Tom Lantos introduced H. Res. 525, which, in noting the actions that the Russian government had taken against Yukos, Khodorkovsky, and Lebedev, called upon Russian authorities "to prove that the cases were not politically motivated, that the Russian judicial system is truly independent and not simply an instrument of the Kremlin, and that the state was not engaged in a campaign to selectively reclaim or re-nationalize private enterprises."

Meanwhile, in November 2005, as Khodorkovsky and Lebedev were banished to Siberian labor camps to begin serving their punishments, then-Senators Barack Obama and Joe Biden and Senator John McCain brought forth Senate Resolution 322, stating that "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." They called on Russia to "dispel widespread concerns that the criminal cases against Khodorkovsky, Lebedev, and their associates are politically motivated."

Europe 

European Commission

In November 2006, at the Russia-EU summit held in Helsinki, European Commission President José Manuel Barroso raised the cases of Mikhail Khodorkovsky and Anna Politkovskaya with then-President Putin.

European Parliament

In 2008, Hans-Gert Pöttering, former President of the European Parliament, expressed his concern over the second trial of Mikhail Khodorkovsky:

"I would also like to take this opportunity to strongly appeal to the authorities of the Russian Federation, particularly in this time when the negotiations on the Partnership and Cooperation Agreement have been resumed with the European Union, to take seriously their commitment to respect the law in their country. The fate of political prisoners is indeed of highest importance for the European Union".

In April 2009, the European Parliament Foreign Affairs Committee adopted its 2008 Annual Report on Human Rights in the World. The Committee strongly criticized the Russian government and expressed concern about the mistreatment of Khodorkovsky, Lebedev and Vasily Alexanyan; and the lack of an independent judiciary in Russia.

In the report, the Committee said it: "regrets that the European Union has not succeeded in bringing about any change of policy in Russia, particularly with regard to impunity and the independence of the judiciary, the treatment of human rights defenders and political prisoners including Mikhail Khodorkovsky" and "expresses further concern, in line with the Amnesty International Report of 2008, as to the ongoing failure of the Office of the Prosecutor to respect the right of Mikhail Khodorkovsky and his associate Platon Lebedev to a fair trial in accordance with international standards, and deeply regrets the treatment of former Yukos vice-president Vasily Aleksanyan, whose refusal to provide false testimony against Mikhail Khodorkovsky led the Russian authorities to allow his medical condition to deteriorate to a terminal state"

On November 12, 2009, the European Parliament adopted a resolution ahead of the EU-Russia Summit held in Stockholm on November 18, expressing concern over developments in Russia that undermine efforts towards closer EU-Russia relations. The resolution urged the EU Council and Commission to pay "utmost attention to the ongoing second trial of former YUKOS Oil chief Mikhail Khodorkovsky, which is already replete with severe due process violations," and called upon Russian authorities "to combat arbitrariness, to respect the rule of law and not to use the judiciary as a political tool."

In a letter handed to President Medvedev during the Stockholm summit, more than 100 Members of the European Parliament expressed their concerns about the shortcomings of the rule of law and abuses of human rights in Russia.

On August 31, 2010, a delegation from the European Parliament's Subcommittee on Human Rights led by committee chair Heidi Hautala visited the trial. The members of the delegation, Hautala, Laima Andrekiene, Vice-Chair of the Subcommittee and Thijs Berman, member of the Subcommittee, expressed great alarm over the reported irregularities of the trial and the arbitrary nature of Khodorkovsky and Lebedev's treatment.

Members of the European Parliament have also highlighted the persecution of Khodorkovsky, Lebedev and other YUKOS executives in letters and statements to other leading European political figures:

Parliamentary Assembly of the Council of Europe 

The most comprehensive international assessment of the original Khodorkovsky-Lebedev proceedings, undertaken between the time of their arrest in 2003 and their 8-year conviction in 2005, is the November 2004 report of the Parliamentary Assembly of the Council of Europe (PACE), on "The circumstances surrounding the arrest and prosecution of leading YUKOS executives". The report concluded that "the circumstances of the arrest and prosecution of leading YUKOS executives suggest that the interest of the State's action in these cases goes beyond the mere pursuit of criminal justice, to include such elements as to weaken an outspoken political opponent, to intimidate other wealthy individuals and to regain control of strategic economic assets."

In 2005 the Parliamentary Assembly determined that Khodorkovsky and Lebedev were "arbitrarily singled out" by the Russian authorities, "violating the principle of equality before the law." Since then, courts in Switzerland, the United Kingdom, the United States, the Netherlands, and Cyprus, among others, have rebuked Russian authorities involved in YUKOS-related proceedings in their national legal systems.

In June 2009, a report of the Parliamentary Assembly examined "politically-motivated abuses of the criminal justice system in Council of Europe member states", with a heavy emphasis on Russia and the Khodorkovsky case in particular. Sabine Leutheusser-Schnarrenberger, current German minister of justice who previously, as rapporteur, led the research and writing for this report, highlighted the YUKOS affair as "emblematic" of the risks faced by investors who come up against state authorities. The report describes the new charges against Khodorkovsky as "bizarre" and "contradictory," and asserts that Russian authorities are waging an "unrelenting campaign" against YUKOS and its executives. The report also describes many of the inconsistencies in the prosecutors' arguments as "perplexing".

On September 30, 2009, the Parliamentary Assembly of the Council of Europe passed Resolution 1685 (2009), based on the June 2009 report regarding politically-motivated abuses of the criminal justice system in Council of Europe member states. The resolution cites "a number of high-profile cases, such as the second trial of M. Khodorkovsky and P. Lebedev...[that] give rise to concerns that the fight against ‘legal nihilism' launched by President [Medvedev] is still far from won." The resolution was passed with 74 votes in favor, none opposed and four abstentions.

United Kingdom

In the UK, many prominent politicians have brought attention to the Khodorkovsky-Lebedev proceedings. Most recently, in July 2010, Europe Minister David Lidington MP responding to a parliamentary question from former Europe Minister Chris Bryant MP, stressed his government's position that the trial should be "fair and impartial". He noted that "the UK embassy in Moscow is watching developments in Mr Khodorkovsky's case closely, and is participating in trial monitoring with EU partners and the US." Lidington added that the UK raised concerns about human rights and the rule of law in Russia with their Russian counterparts.

In a May 2009 Parliamentary Question, Liberal Democrat MP Edward Davey prompted the UK Government to issue a statement on the Khodorkovsky-Lebedev trial, noting their "concerns include the arbitrary application of the rule of law, due process and fair treatment of Khodorkovsky and others who have been arrested or prosecuted in the Yukos Affair, access to lawyers and medical care, conditions of detention and the alleged harassment of defense teams and witnesses".

Additionally, Early Day Motions (EDM) highlighting Khodorkovsky and the YUKOS Affair have been submitted by former Europe Minister Chris Bryant MP and Liberal Democrat Malcolm Bruce MP.

In October 2009, the UK Government indicated that Khodorkovsky's case would be raised when then British Foreign Secretary David Miliband visited Moscow in November. As part of a debate in the House of Commons on UK relations with Russia, Chris Bryant MP, then British Minister for Europe, assured Parliament that the Foreign Secretary would raise the issue in meetings with the Russian Government, saying "we have raised the issue of Mikhail Khodorkovsky and we will continue to raise the issue with Russia".

Then Liberal Democrat Shadow Foreign Secretary Ed Davey MP stated that the trial was "quite symbolic of how Russia approaches law and order, democracy and human rights", saying: "If Russia changed its position on the case, it would send a signal to the EU and the west about reform. A reforming Russia is a Russia that we can do business with." Milliband's visit was the first by a British Foreign Secretary to Russia since 2004.

Italy

Pier Ferdinando Casini, President of Italy's UDC Party, promoted a resolution calling on President Medvedev to take all measures to assure the rule of law and respect for Khodorkovsky's rights. The resolution was approved unanimously by the Assembly. On September 23, 2009, the Italian Parliament voted overwhelmingly in favor of the motion: out of 478 MPs attending the plenary session, 430 voted in favor.

During the debate, Alfredo Mantica, Undersecretary of State for the Ministry of Foreign Affairs, expressed support for the motion on behalf of the Government and called for unanimous adoption by all political groups.

Germany

On March 8, 2008, German Chancellor Angela Merkel stated that Germany "would welcome" the release of Khodorkovsky from prison. Chancellor Merkel again expressed concerns about Khodorkovsky during President Medvedev's visit to Berlin on June 5, 2008.

On March 4, 2008, Frankfurter Allgemeine Zeitung quoted Klaus Mangold, chair of the Committee on Eastern European Economic Relations of the German Industry Association, who appealed to President Medvedev to ease Khodorkovsky's conditions of incarceration, stating "this would be a visible and significant sign for the handling of human rights."

In July 2009, the German Bundestag voted in favor of a parliamentary motion noting the need for improving the rule of law in Russia - specifically referencing abuses in the treatment of Khodorkovsky and Lebedev.

The motion, submitted by the CDU/CSU, SPD, Liberal and Green parties, requested that the Federal German Government initiate and support observation of the trial against Khodorkovsky and Lebedev within the framework of the European Union and to "concretely address deficits in the rule of law in Russia, including the example of the trial against Khodorkovsky and Lebedev".

Commenting on the trial in July 2009, Markus Meckel MP, SPD Foreign Affairs Spokesman, said: "The second trial currently underway is all the more a test case to see whether the Russian justice system will make the grade. There are many signs to indicate that the new trial is also politically motivated. The charges seem absurd alone from the supposed amount of embezzled crude oil, which was enough that if it were filled into train cars and lined up, the line would circle the earth three times."

Meanwhile, many German politicians including Bundestag member Marieluise Beck and Federal Justice Minister (and former Council of Europe Parliamentary Assembly Rapporteur) Sabine Leutheusser-Schnarrenberger have publically spoken out against the continued prosecution of Khodorkovsky, Lebedev and other YUKOS employees.

Spain

On March 1, 2005, the Committee of Foreign Affairs of the Spanish Congress of Deputies passed a motion supporting the release of Mikhail Khodorkovsky (file number 161/1408, published in the "BOCG. Congreso de los Diputados" Series D, Volume 325 of February 1, 2006), calling upon Russian authorities to respect Resolutions 1418 (2005) and 1692 (2005) of the Parliamentary Assembly of Council of Europe in relation to Khodorkovsky and other YUKOS executives, in reference to infringements of the rule of law; and to request the immediate transfer of Khodorkovsky to a detention center with conditions of incarceration to which he is legally entitled as is any prisoner, and which is in proximity to his immediate family.

France

In an article published October 26, 2007 in Le Monde, under the headline "Sakharov and Khodorkovsky: The Same Battle", French philosopher André Glucksmann, citing Elena Bonner and Anna Politkovskaya, described Khodorkovsky's ongoing imprisonment as retribution for his expression of political values inconsistent with those of the regime.

Hervé Mariton, Deputy of the French National Assembly and Head of the France-Russia parliament group, observed the current trial in April 2009; in an interview with Journal du Dimanche, Mariton said there was a feeling of "quiet oppression" in the courtroom. He also concluded that Khodorkovsky has "no possibility to defend himself correctly" and that the way he is being treated is "arbitrary and inhuman". Mariton said: "this trial seems Kafkaian, Khodorkovsky never had a chance to defend himself in a fair trial; his rights as a human are not respected."

In April 2010, François Zimeray, France's Human Rights Ambassador, attended the Khodorkovsky-Lebedev trial during a two-day visit to Moscow. Zimeray has discussed Khodorkovsky's case several times with the French and international media. Zimeray said that he visited the trial at the request of French Foreign Minister Bernard Kouchner and with the approval of President Nicolas Sarkozy. He said that his visit was "a message in itself."

Zimeray emphasized that the case, which he believes has become a major human rights trial, "is closely followed by the highest authorities in France." He said: "The fight of Khodorkovsky, courageous, with a great dignity, against a system that tries without success to destroy him, made him become a symbol, an icon of human rights in Russia."