Newsletter January 2012
Russian Presidential Council inquiry finds Khodorkovsky trial fundamentally flawed
On December 21st the results of a Kremlin-backed independent expert inquiry into the second Khodorkovsky-Lebedev trial were made public. The inquiry found that serious and widespread violations of the law were committed by prosecutors and the judge, leading the Presidential Council of the Russian Federation for Civil Society and Human Rights to call for an annulment of the verdict. The 400-page report produced by the inquiry left in tatters the legal rationale for the continued imprisonment of Khodorkovsky and Lebedev, and prompted the Council to elaborate recommendations for urgent reforms addressing the widespread systemic problems in Russia’s law enforcement practices and judiciary.
The Council, which was mandated by President Medvedev in February 2011 to conduct the independent expert assessment of the second Khodorkovsky-Lebedev case, categorically rejected the court’s findings of illegality in Yukos’s operations and found no evidence proving allegations of embezzlement or money laundering. The Council’s recommendations include an expansion of the use of jury trials, reinforced measures ensuring judicial independence, the removal of abusive procedural obstacles that prevent the release of prisoners on lawfully-earned parole, a reduction in the use of pre-trial detention in cases of alleged economic crime, as well as a possible broad amnesty for the thousands of jailed Russian entrepreneurs who have fallen victim to corrupt state officials.
Local court annuls Khodorkovsky reprimand
On December 15th, the Segezha City Court, in the northern Russian town where Khodorkovsky is currently serving his second sentence, granted Khodorkovsky’s petition against one of two reprimands imposed on him by prison authorities. The reprimand, which was issued in August for “being in the wrong place during working hours” was disputed by Khodorkovsky because he had not been informed that he was not allowed to be in a particular workshop while waiting for details of his next assignment. Khodorkovsky’s lawyer Vadim Klyuvgant described the reprimand as “faked” and the violation as “invented” and was satisfied with the Court’s ruling, which annulled the reprimand and recognized it as illegal.
Duma election results spark mass protests
In the biggest Russian street protest since 1993, up to 120,000 people gathered on Moscow’s Prospekt Akademika Sakharova on December 24th to demonstrate against widespread irregularities in the December parliamentary elections and the inevitability of Vladimir Putin’s return to the presidency. Speakers at the rally stated that more opposition events would take place in 2012, as the presidential campaigns pick up steam. Well-known figures were seen taking part in the protest, including presidential candidate Mikhail Prokhorov, Kommersant reporter Oleg Kashin and former Communist leader Viktor Anpilov. Khodorkovsky’s mother, Marina Khodorkovskaya, also participated. After the rally, opposition leader Garry Kasparov declared that the Kremlin is still not ready to compromise, and will not comply with a recurrent demand of the protesters – “to free political prisoners.”
Earlier in the month, on December 10th, at least 300 people gathered at the Russian Consulate in New York City to rally in support of fair elections. The size of the gathering was unprecedented for a demonstration about Russia in New York City. Olga Khvostunova of the Institute of Modern Russia described the rally as optimistic, saying “the air was tinged with the joy of togetherness and hope.” Khodorkovsky’s son Pavel, who lives in New York, addressed the crowd and commended the Russians present for speaking out for democracy, and for not forgetting about their country.
