A resolution expressing the sense of the Senate that the conviction by the Government of Russia of businessman 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.

Expresses the sense of the Senate that: (1) in cases dealing with perceived threats to authorities the Russian judiciary is frequently used as an instrument of the Kremlin; (2) Mikhail Khodorkovsky and Platon Lebedev are political prisoners who have been denied due process rights under international law; (3) in light of the record of selective prosecution, politicization, and abuse of process involved in their cases, the 2010 conviction against Mr. Khodorkovsky and Mr. Lebedev should be overturned; and (4) the government of Russia is encouraged to take these actions to further a more positive relationship between the governments and people of the United States and Russia.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 65 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
S. RES. 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2011

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

_______________________________________________________________________

                               RESOLUTION


 
     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.

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 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 growing 
        international concerns that the cases against Mikhail B. Khodorkovsky 
        and other business leaders are 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.
                                 <all>