Marina Schuster MP, Member of the Committee on Human Rights within the German Federal Parliament, has today commented on the 9th anniversary of Mikhail Khodorkovsky’s arrest. She calls on Russia to fulfill its obligations under the European Convention on Human Rights and the International Covenant on Civil and Social Rights.

Nine years in prison – Khodorkovsky trial a symbol of arbitrary justice

The case against Mikhail Khodorkovsky remains a sad example of the rule of law in Russia. Even nine years after he was arrested by the Russian authorities is still not foreseeable that the state leadership has taken the consequences from the criticism voiced by the Council of Europe regarding the very questionable circumstances of the trial with regard to rule of law. The FDP parliamentary group asks not to misuse the criminal law as an instrument of power and to respect constitutional judicial standards.

Already the first trial of Khodorkovsky and his co-defendant Platon Lebedev was criticized in 2005 by the Parliamentary Assembly of the Council of Europe on the basis of a report prepared by Sabine Leutheusser-Schnarrenberger. The report expressly stated essential violations of the principles of rule of law also laid down in the Russian Constitution. The judgments in the second trial in 2010 and the appeal in 2011 – prison sentences of 14 and 13 years – have unfortunately confirmed our worst fears.

Spectacular cases like Khodorkovsky or the tragic death of Sergei Magnitzky in a Russian prison are unfortunately only the tip of the iceberg. There are still countless defendants in Russian prisons, hoping for a fair trial and persons who are convicted who are serving their sentences unjustified under sometimes inhumane conditions in prison. For further dialogue it is essential that Russia ensures that its obligations under the European Convention on Human Rights and the International Covenant on Civil and Social Rights are fulfilled.

The original release can be found here