News

BBC: Khodorkovsky Case Biggest Question for Putin on Economic Amnesty

On May 23, during his annual meeting with representatives of Russian business, President Vladimir Putin commented on a possible amnesty for those imprisoned for economic crimes, proposed by Russian business ombudsman, Boris Titov.

Titov’s plan had been to start the amnesty on May 26, the Day of Russian Entrepreneurship. The ombudsman’s plan reflects the prevailing consensus in Russia that thousands of entrepreneurs are unnecessarily or improperly imprisoned, and that this stunts economic development, encourages capital flight and leads to migration abroad of some of Russia’s most creative and productive citizens.

Russian news agency ITAR TASS reported that President Putin said the amnesty project is not fully prepared and he proposed to analyse it further:

“I propose to thoroughly analyse it with the help of businessmen, experts and the general prosecutors’ office; to check it, weigh everything and then make a decision.”

Russia’s ruling party, United Russia, and the head of the criminal law committee, Pavel Krashennikov, have voiced support for the amnesty. They have noted, however, that it would first be necessary to take a closer look at the facts.

The UK’s leading political radio programme, Today, highlighted the Khodorkovsky case as the key question regarding any possible amnesty.

BBC reporter Steve Rosenberg asked Russian MP and member of the Committee on Economic Policy, Viktor Zvagelsky:

“If the Amnesty goes ahead the big question is whether jailed Russian tycoon Mikhail Khodorkovsky will be released? The Kremlin critic is currently serving his second sentence for economic crimes.”

Zvagelsky replied:

“We are only going to consider amnesty for those prisoners serving their first jail term – we shouldn’t make exceptions for Khodorkovsky.”

Meanwhile, Khodorkovsky’s lawyer Vadim Klyuvgant commented on Putin’s statement:

“All this is very familiar, and, perhaps, this is even more terrible. Because getting accustomed to this is a separate drama of our time.  So what do we have here? Firstly such an elegant methodology to launch the proposal on an endless circle: let’s talk, let’s see, let’s take in experts, let’s involve the Prosecutor General’s Office, etc.

Secondly, even scarier, is the key phrase. For the law graduate that phrase is monstrous. I mean the words that ‘there are other categories of citizens who are formally convicted for economic crimes, but the level of their danger to the public goes far beyond the nature of the problem you are talking about’ (as cited by RIA Novosti).

Once upon a time we could witness proletarian bluntness [from Putin]; things were spoken out straight with names and surnames. Now, since everything has to be more sterile on the surface, surnames, names, and other identifying details are no longer pronounced (to prevent, maybe, the European Court from noticing). And here we are – no names, all in general terms, but whoever has to will understand what, about whom and why it was said. 

In Russia, the guarantor of the Constitution officially, clearly and in front of the whole world is saying that we convict people for one thing, but, in fact, it’s for something else. And this is ‘normal’. They cannot be freed just like that, and the experts with the Prosecutor General’s Office (the main body protecting human rights and the champion of the law) must take it from here and take this into account.”

Posted in Other Developments |

The European Parliament is to Discuss Russia’s Political Prisoners

The Russian newspaper Nezavisimaya Gazeta reports that a special debate dedicated to Russia’s political prisoners is going to take place on June 5 at the European Parliament.

Members of the Russian Opposition are planning a photo exhibition focusing on the harsh actions of Russian police during the May 6, 2012 Bolotnaya Square protests. In addition, they will present MEPs with a report setting out a different version of events at Bolotnaya Square from that supplied by the Russian authorities.  They will also raise the situation with regard to the ‘foreign agents’ law and the crack-down on NGOs.  

The article further suggests that the European Parliament will propose a resolution condemning the Russian authorities and speculates that the problem of political imprisonment in Russia will be raised at the Russia-EU summit.

The debate is organised by the ALDE Group in the European Parliament. The Group’s speaker on Russia, Kristiina Ojuland, noted that it was due to be dedicated to Mikhail Khodorkovksky, who will have spent ten years in prison by October 2013.  However, she said that Russia’s political climate had deteriorated to such extent that she believed it was now no longer possible to focus on just one individual and issue. It is likely that the debate will also focus on the possible introduction of Europe’s own “Magnitsky list” – an issue frequently raised by parliamentarian at the EU.

Read the full article in Russian here.

Posted in Other Developments |

Mikhail Khodorkovsky: “Russia is being governed by people hired by us, not by an occupying army”

Russian online TV channel, Rain, has launched a new section on its website called “Letters About the Motherland”, which will publish weekly blogs by a variety of authors on the past, present, and future of Russia.

The first author published on the site was Mikhail Khodorkovsky. A translation of Khodorkovsky’s post can be read below:

Among the events of the past few weeks and days, it is imperative that we see the interconnection between the appearances of The Prosecutor General of the Russian Federation Yuri Chaika in the Federation Council, Vladislav Surkov in London, and the people rallying in Bolotnaya Square on May 6.

The following points are of interest:

— Chaika says:  society cannot interfere in the questions discussed by the siloviki;
— Surkov says:  siloviki are not always right, and the harm for the economy from their actions is sometimes greater than the benefit;
— the Bolotnaya protesters say: siloviki, we don’t believe that you’re acting in the interests of society, but in those of your bosses.

It is difficult to understand what compelled the professional jurist Chaika to make such a judicially questionable statement that society cannot interfere in the business of the siloviki, especially when the chairman of the Constitutional Court has already spoken out about the issue.

But it is far more dangerous if Mr. Chaika and his colleagues do not understand the weakness of their political position.  Judging by surveys, all of the siloviki, apart from the Minister of Defence, do not have even 50 per cent of society’s support.  Thus they are dependent on Putin’s rating, which is not exactly stellar.

Putin’s rating is directly dependent on the state of the economy, where the potential for growth on account of large raw materials companies has been exhausted.  The capabilities of the budget are close to exhaustion.  Now the hopes for growth and high-paying jobs are connected with the entrepreneurial energy of the citizenry, with small and medium business, and with the investment climate in the country.

And in such a situation, the General Prosecutor is allowing himself to not only think, but to articulate aloud:  we have pressured, we are pressuring, and we will continue to pressure, and your business is to shut up and obey.

I would like to refresh everybody’s memory:  we won in 1945.  Walking around Russia with weapons right now are people who have been hired by us, by society, and not an army of occupation, a representative of which could allow himself to say that a defeated people should not be interfering with their running of things.

The right to determine our own fate has been paid for with lives not only in that war, but also in the famous uprisings in the camps of the gulag, about which official television has told at last.  And it is not for a representative of an agency that has been responsible for more deaths in its 300-year history than all the criminals convicted with its participation to be demanding unconditional trust in himself.

To use the language of the political technologists, not weapons and not trust in the judiciary, but V. Putin’s rating is the branch upon which the entire siloviki community is sitting right now.  When it comes crashing down, truncheons will not be any help.

And you will not be able to prop it up with trust in the institutions of state when you have this kind of attitude towards society.

About which, properly speaking, Bolotnaya has spoken out loud and clear once again.

Posted in Uncategorized |

Russian Supreme Court to Hear Khodorkovsky Appeal

Mikhail Khodorkovsky and Platon Lebedev Poster

On May 19, 2013, Russia’s Supreme Court announced on its website that it would hear an appeal against the second conviction of Mikhail Khodorkovsky and Platon Lebedev. The announcement did not specify on what date the hearing would take place, or which part of the December 2010 verdict would be under review.

Khodorkovsky’s defence lawyer, Vadim Klyuvgant, told the Interfax news agency: “This means that the appeal will be reviewed at a special session of the judicial board. If they follow the law, the judicial board has no choice but to let Khodorkovsky and Lebedev free.”

If the history of the proceedings against Khodorkovsky and Lebedev over the past decade is any guide, however, the announcement from the Supreme Court should not raise hopes that they will have a fair hearing.

Since the end of the second Khodorkovsky-Lebedev trial, a relentlessly absurd saga of appeals has unfolded. Proceedings have been repeatedly unlawfully delayed, or stymied by groundless rulings. After two years of obstruction and delays, a supervisory appeal hearing finally took place at the Moscow City Court on December 20, 2012. Despite the enormous weight of legal and factual arguments undermining it, the appeal judges confirmed the December 2010 guilty verdict. Incredibly, the ruling lacked any thorough judicial analysis of the appellants’ arguments.

Khodorkovsky’s defence team filed the current appeal on February 4, 2013. It had previously filed an appeal nearly one year earlier, to no avail. In a statement in February, Klyuvgant described the year in between as: “A year of judicial red tape, run-arounds, tricks and direct lies. A year lost for movement toward fairness and justice, toward preservation of what’s left of the trust in courts. The most terrible thing is that it was yet another, already the ninth, year of imprisonment of the people convicted without guilt under a phony verdict.”

Even though Khodorkovsky and Lebedev are scheduled to be released in 2014, there is no certainty that this will in fact occur. As stated by Amnesty International when designating Khodorkovsky and Lebedev “prisoners of conscience” in May 2011, the two men “have been trapped in a judicial vortex that answers to political not legal considerations” in courts “unable, or unwilling, to deliver justice in their cases.”

Posted in Case Updates |

Khodorkovsky’s Lawyer on Potential Amnesty

Mikhail Khodorkovsky’s lawyer, Vadim Klyuvgant, has commented on the recent talk of a possible amnesty for entrepreneurs and its relevance to Khodorkovsky and Lebedev:

Along with the amnesty it is also necessary to improve the institution of parole, and to change the law and legal practice. If the talk about amnesty is not a sham, but a sincere intention to put an end to the arbitrary treatment of entrepreneurship in general, particularly in the field of criminal justice, it is necessary to make changes across the board.

We have accumulated a backlog of arbitrariness, injustice and lawlessness. Amnesty is an act of humanity, generosity and compassion. Unfortunately, in 21st century Russia these concepts are forgotten. For many years there has been no decent amnesty.

The amnesty, in my opinion, is necessary. I cannot presume whether the amnesty will be applied to Mikhail Khodorkovsky and Platon Lebedev – guessing is not for the lawyer. I think that, up to this point there has been a block preventing the release of these people. It is an unwritten rule; there is no guidance on this subject.

If we speak using simple terms, they [Khodorkovsky and Lebedev] have overstayed in prison for all imaginable and unimaginable “sins”. And I mean not what they were convicted for – there is no crime neither in the first nor in the second case. Even in the days of Stalin 10 years would have been an enormous term. Khodorkovsky and Lebedev, from whatever position one would like to reason, would have had to be home a long time ago, if we did not live in a cannibalistic state.

The original comment in Russian can be found on Osobaya Bukva.

Klyuvgant  also explained the specifics of a possible business amnesty on the Russian online television channel, The Rain. His interview (in Russian) can be viewed here, and on his blog on the Echo of Moscow Russian radio station website.

Posted in Other Developments |
 

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