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"Sovest" Group Campaign for Granting Political Prisoner Status to Mikhail Khodorkovsky

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Monday, February 28, 2005

Top Yukos Shareholder Lebedev Pleads Not Guilty

Former Menatep Bank head and top Yukos shareholder Platon Lebedev pleaded not guilty on Monday to charges of fraud and tax evasion, after his partner, Yukos founder Mikhail Khodorkovsky, did the same on Friday.

Testifying at a court hearing in Moscow’s Meschansky Court House on Monday, the jailed shareholder denied all charges.

“To my shame, I was unable to understand what exactly my crime consisted of,” the Newsru.com news site quoted Lebedev as saying.

“The conclusions drawn by the prosecutor general are not true, are not based on law and evidence, and are deliberately false,” he said.
He added, meanwhile, that the court faces a “unsolvable challenge”.

On Friday Khodorkovsky likewise called allegations against him fiction. “I categorically object to the attempts to picture normal production activity as criminal fiction, and to the conjectures the indictment act is filled with,” he said.

(From MosNews, 02.28.2005)

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Trial of Ex-Yukos CEO May End in April

A lawyer for the jailed ex-CEO of the shattered Yukos oil empire said his client's trial on tax fraud and other charges could end in April.

The lawyer, Yuri Shmidt, told the Nezavisimaya Gazeta daily that he doubted a spring decision would see Yukos' former Chief Executive Officer Mikhail Khodorkovsky cleared of the charges against him, but noted defiantly that "in the end victory will be ours."

"The powers that be didn't start this case for it to end with his vindication," Shmidt said in an interview published Monday.

Khodorkovsky was arrested at gunpoint in October 2003 as the Kremlin launched a far-reaching legal campaign to neutralize him and his company. By funding opposition parties in the run-up to parliamentary elections in 2003 observers say Khodorkovsky had drawn the Kremlin's ire once too often.

Khodorkovsky's trial, which centers on the 1994 privatization of a fertilizer component maker, has dragged on for nine months. Meanwhile Yukos, the oil giant Khodorkovsky built out of questionable privatization auctions in the 1990s, saw its main production unit sold at a disputed auction in December against massive back tax claims of some $28 billion. The unit was later bought by state-owned oil company Rosneft.

Khodorkovsky delivered a three-hour testimony Friday in which he denied that he was guilty of any of the charges.

He and business partner Platon Lebedev - who also pleaded not guilty Monday - will now face about a week of questioning by the judge, and a further day or two will be devoted to hearing appeals and final submissions of evidence, Shmidt said. Debates and summarizing statements by the accused would take the hearing into mid-March.

"The question is how long the judge will require to write a decision," Shmidt said. "I think it will take no less than a month. In that case the decision will be made in April."

While Khodorkovsky and Lebedev could face a possible sentence of 10 years each, Shmidt said that in his opinion the authorities have "yet to decide" what the decision should be. Recent events could influence the outcome, he noted, in particular the summit between U.S. President George W. Bush and his Russian President Vladimir Putin in Slovakia last week.

Shmidt declined to provide details of his client's health, but commented cryptically "there are things that make me fear for his health and even his life." He refused to elaborate.

(AP via Forbes, 02.28.2005)

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Khodorkovsky Gives His First Testimony

Mikhail Khodorkovsky, the former head of oil major Yukos, testified for the first time in his eight-month trial, saying he was innocent of all charges, including tax evasion, fraud and leading an organized crime group.

The prosecutor general had invented the case against him and not provided proper evidence, Khodorkovsky told a packed and stuffy courtroom in the Meshchansky district court.

"I would like to say that I don't admit my guilt on any of the charges against me," Khodorkovsky said, speaking from the defendants' cage, which he shared with co-defendant Platon Lebedev.

"I categorically object to the criminal-artistic account of normal business activity and the fantasies and conjectures contained in the official accusations against me," he said, speaking in a slow and deliberate voice.

Khodorkovsky and Lebedev, key figures in Yukos' parent company Group Menatep, have been imprisoned since 2003 on a raft of charges.

The trial is seen as part of a messy battle between Menatep -- once one of the country's most powerful business groups -- and the Kremlin. The fight has left Yukos dismembered, government officials publicly contradicting each other and the country's richest man facing a possible jail term for charges he says are politically motivated.

In marked contrast to the highly charged politics of the trial, the day-to-day proceedings in the court seemed dominated not by sensation but by tedium.

The court is hopelessly too small to to accommodate all interested journalists, with Khodorkovsky's friends and family crammed in with a few lucky reporters on a motley assortment of ancient pressed-wood chairs. Defense lawyers shared chocolates with Khodorkovsky's elderly parents, and a uniformed official was reading a paperback until he finally nodded off, the lawyers and journalists having drained the hall of oxygen.

Dressed in blue jeans, a black polo-neck sweater and a brown jacket, Khodorkovsky held onto the cage bars as he faced the three middle-aged female judges. They sat on a tribunal, next to the Russian tricolor and below a double-headed eagle on a red background.

"I am proud of having headed for 15 years a number of successful companies and helped other companies rise from their knees after the fall of the [Soviet] Union," Khodorkovsky said.

The charges against Khodorkovsky and Lebedev, who is scheduled to give testimony on Monday, center around the 1994 privatization of the Apatit fertilizer plant. Khodorkovsky is accused of embezzling state property as part of an organized criminal group, large-scale fraud, corporate and personal tax evasion and falsifying documents.

Khodorkovsky repeated that the charges were invented and that his business practice was not illegal and actually quite normal for the time. Khodorkovsky sought to undermine the prosecution by distancing himself from decisions taken at companies in which he said he wasn't involved.

He said regulatory bodies had conducted hundreds of repeated checks during the period in which the alleged crimes were committed.

Starting work at age 14, Khodorkovsky, 41, said his jobs included being a janitor for seven years. He then proceeded to give a quick overview of his business activities.

Khodorkovsky reminded the judges that Menatep and Yukos had budgets bigger than St. Petersburg's -- and often Moscow's -- and that as an executive he signed over 10,000 documents, often 100 per day.

"So, even though I have a good memory, I can't always remember every point or every piece of paper, even if it is in front of me," he said.

"To conclude, I would like to say again that I am accused of crimes that simply didn't happen, that were simply thought up in the heads of investigators," Khodorkovsky said, ending nearly three hours of testimony. "If there is no concrete evidence of my personal illegal activity, then I don't understand what I must defend myself against -- from inventions and opinions?"

The prosecution had a "clear task," Khodorkovsky said, and he felt sorry for state prosecutor Dmitry Shokhin because he must prove the hypotheses of others.

After a one-hour lunch break, the court reconvened. Dressed in a bright blue prosecutor's uniform with three gold stars on his epaulets, Shokhin looked over his laptop computer to tell the judge he had no questions for Khodorkovsky.

"The state prosecution understands that everything that has been said by Mikhail Borisovich [Khodorkovsky] is untrue and concocted by his lawyers," Shokhin told the judge.

Lebedev, who had been furiously coloring a Japanese crossword puzzle, paused from his activity and laughed at Shokhin's comments.

Lebedev, whose lawyers say he is ailing from cirrhosis of the liver or cancer, looked tired. Dressed in black boots and a matching Reebok tracksuit, he winked and grinned at friends and family in the gallery. The five young guards outside the cage leaned back in their chairs, staring into nowhere.

The presiding judge, Irina Kolesnikova, asked Khodorkovsky to list his relationships with various companies, including Rosprom, Menatep Bank, Menatep Ltd. and Yukos. Khodorkovsky gave a long account of his different positions in the companies, sometimes stopping and correcting dates.

The soft-spoken judge then questioned Khodorkovsky about his relations to people the prosecution claims belong to a group engaged in fraud and embezzlement. Khodorkovsky said he knew some of their names from court materials, which he said he had been studying for the past one and a half years.

Kolesnikova also asked Khodorkovsky about his personal tax affairs. The prosecution says he underpaid value added tax by signing consulting agreements with two firms registered on the Isle of Man.

Khodorkovsky said assistants brought him papers to sign and he signed them. But when asked to name the assistants, Khodorkovsky referred to Article 51 of the Constitution, which guarantees a defendant's right not to incriminate himself.

Lebedev is set to give evidence on Monday before the court enters the last stage of the trial.

With an ironic smirk on his face, Lebedev told Kolesnikova he would be ready.

Genrikh Padva, one of Khodorkovsky's defense lawyers, told The Moscow Times he thought the trial could end in about a month.

"If you tell me when it will all end, I would be very grateful," Padva said.

Moscow's Basmanny court has ordered the arrest of Mikhail Yelfimov, Yukos' acting president for refining and marketing, Vedomosti reported Friday, citing unidentified officials at Yukos and the prosecutors' office.

The court issued the arrest order on Tuesday, the paper reported. Yelfimov is currently in London, Vedomosti said.

(From The Moscow Times, 2.28.2005)

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Houston Court Rejects Yukos Appeal

By Catherine Belton
Staff Writer
A Houston bankruptcy judge has dismissed Yukos' petition for bankruptcy protection in the United States, apparently lifting a major barrier in the Kremlin's drive to create a national energy champion via the merger of Gazprom with state-owned oil firm Rosneft.

The ruling, issued late Thursday and immediately disputed in an appeal filed by Yukos the next day, came after days of deliberation in an unprecedented case that sought to pit the U.S. legal system against the Russian government over its plans to break up Yukos over back taxes.

The proceedings had put the brakes on a Kremlin push to merge Gazprom with Rosneft -- which acquired Yukos' main production unit, Yuganskneftegaz, after a December auction -- over fears Rosneft could face legal action for being in breach of U.S. law.

But in what Judge Letitia Clark called the "largest bankruptcy case ever filed in the United States," she ruled that Yukos' "sheer size" and "impact on the entirety of the Russian economy weighs heavily in favor of allowing resolution in a forum in which participation of the Russian government is assured," according to a copy of her ruling.

The Russian government had not sent any representatives to participate in the Houston hearings and had reacted angrily to the case, claiming the Yukos affair was a matter for Russian courts to decide.


Before the Dec. 19 sale of Yuganskneftegaz as partial payment for $27.5 billion in back taxes, Yukos produced 20 percent of the nation's oil output. Thursday's ruling could signal the end for Yukos, opening the way for the rest of its assets to be sold off or taken over by the state in what has been an unprecedented legal campaign against the company and its shareholders. Yukos had argued the U.S. bankruptcy court was its last chance for protection against the Russian state, which, it said, had rejected all its overtures to restructure its debts and was set on "expropriating" its assets.

But Clark also found that Yukos' ability to carry out a restructuring plan under U.S. bankruptcy protection without the cooperation of the Russian government would be "extremely limited" -- a factor that, according to the ruling, was another reason for the dismissal.

Yukos immediately challenged the judgment. Its lawyers filed a motion late Friday that called for a new trial and for Clark to keep a stay protecting Yukos' assets in force until all its opportunities to contest the ruling had been exhausted.

"If there is no stay in place while Yukos pursues its post-judgment remedies, Yukos will likely suffer irreparable harm," Yukos' lead lawyer, Zack Clement, wrote in the appeal.

Clark issued an automatic stay against the sale of Yugansk after Yukos lodged an emergency petition for bankruptcy protection just days before the auction was to take place. The government sold off the unit anyway. But since then, it has backed off from taking action against Yukos' remaining assets, including production units Samaraneftegaz and Tomskneft, Clement said in his filing.

"Without the automatic stay, Yukos will be dismembered quickly through inappropriate processes," he said.

But even as Yukos pushes to keep its case in the U.S. bankruptcy system, analysts said Clark's initial ruling appeared to give little hope for the oil major. "It's really difficult to see after all the deliberations that any appeal will be successful," said Steven Dashevsky, head of research at Aton.

Dashevsky said that even though Gazprom will likely wait until the hearings were completely over before completing its merger with Rosneft, it will now probably speed up those plans.

Gazprom spokesman Sergei Kupriyanov said Friday that the ruling will ease the way for Gazprom to go ahead with the merger.

Gazprom local shares climbed to a 10-week high to close at 79.5 rubles (about $3) Friday on news of Yukos' setback. Gazprom's merger with Rosneft is also set to open the way for the lifting of barriers to greater foreign ownership in Gazprom, a long-expected watershed event for the market. By merging with Rosneft, the government aims to increase its stake in Gazprom to 51 percent, allowing for trade in the rest of its shares to be liberalized.

Yukos shares, however, plummeted 22 percent in the first three minutes of trading Friday on the MICEX.

Yukos' unexpected U.S. legal challenge in December dragged Rosneft into an intricate legal tangle that opened the way for growing opposition to the merger from within the company itself. Following its purchase of Baikal Finance Group, the mystery shell company that bought Yugansk for $9.3 billion on Dec. 19, Rosneft's assets tripled in size. The oil firm's management suddenly moved from running a mid-sized oil firm to being in charge of a company able to give the global majors a run for their money. Now many analysts believe the main opposition to Gazprom merging with Rosneft may come from within Rosneft itself.

The Kremlin, however, appears to be moving to scotch any Rosneft plans to hinder the deal. A scheme for Rosneft's subsidiaries, including its production units, to lend the parent company about $5.5 billon has now been called off indefinitely, Rosneft spokesman Vladimir Voyevoda said Friday. The deal was seen as helping finance the Yugansk acquisition.

The company said Friday that it has canceled plans to hold extraordinary shareholders meetings at its subsidiaries to vote on the debt issues to Rosneft.

If implemented, the plan could have torpedoed Gazprom's merger plans by potentially tainting Rosneft's major assets with the Yugansk acquisition.

"The boards of directors [at the subsidiaries] found that the question forwarded for the extraordinary shareholders meetings had not been thought out properly," Voyevoda said. He refused to say whether the cancellation had come as a result of Kremlin intervention.

Vedomosti reported earlier this month that the Kremlin had called Rosneft on hearing of the plan and ordered it to call the debt deal off.

Investors and analysts said the move looked like the Kremlin was taking the upper hand in making sure the merger powered through. "It looks like a strong sign that the individuals pursuing this plan have been trumped by the Kremlin's main objective to ensure the state gets control of Gazprom," said William Browder, CEO of Hermitage Capital Management, which has $1.6 billion in Russian stocks under management.

"The main assumption we have always been operating on is that next to making [Yukos core shareholder Mikhail] Khodorkovsky poor, the other strategic objective [President Vladimir] Putin has is getting control of Gazprom," he said. "They will raise the state's stake to 51 percent one way or another. Now after the Houston ruling they will get there faster. But even if Houston had gone wrong, they would have got there.

"The main question now is how you value Rosneft now that it has Yugansk," he said.

In a sign Rosneft could still be holding out for independence, it appears to be seeking to buy back its stakes in the vast Arctic fields it sold to Gazprom at the end of December for more than $1.7 billion in a deal widely seen as covering the cost of Baikal's deposit to take part in the auction. "The agreement included a buyback clause," Voyevoda said, refusing to comment further.

Government officials have said Rosneft could be merged with Gazprom without Yugansk -- potentially one way to keep hungry Rosneft officials happy if they were to manage Yugansk as a separate entity.

But Troika Dialog issued a report Friday that said it was becoming increasingly difficult to separate Yugansk from Rosneft as the two companies hammer out the details of their integration. It cast doubt on whether the merger would take place at all, citing continuing legal risk surrounding Rosneft because of a separate legal action launched by Yukos' main owner Group Menatep. Menatep said earlier this month that it was suing the Russian government for $28.3 billion in damages over the breakup of its company under the terms of the international energy charter treaty.

Tim Osborne, a Group Menatep director, said Friday that the Houston setback would not impact Menatep energy charter case. "Its a huge disappointment for Yukos in that it was its last hope of justice," he said. "But the Houston ruling does not make any difference to our case. In some ways it clarifies the situation. Yukos will now be left to the machinations of the Russian court system. I can't see how it can avoid bankruptcy."

Michael Goldberg, the lead lawyer for Gazpromneft, which was named as a defendant in Yukos' case, said Friday that he thought any appeal by Yukos would have little chance of success. "I am absolutely convinced there is no basis for an appeal," he said.

Yukos claimed Houston had jurisdiction for the filing because its CFO, Bruce Misamore, relocated there to open an office in December and because it transferred $21 million into a U.S. bank account to support the move. Clark's ruling did grant jurisdiction on this basis but found instead that Yukos was so significant to the Russian economy that she could not take the case.

(From The Moscow Times, 02.28.2005)

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Yukos Asks U.S. Court to Reconsider Its Bankruptcy Case

Yukos has asked a U.S. bankruptcy judge to reconsider her dismissal of its bankruptcy case to help prevent Moscow from seizing its remaining Russian operations, Reuters reported.

Yukos made a legal filing to U.S. Bankruptcy Judge Letitia Clark, then said in a statement that it believed she erred when she issued her dismissal order on Thursday, and argued the company would be hurt by her refusal to grant U.S. jurisdiction in the case.

Judge Clark ruled the U.S. courts had no jurisdiction in the case, and said the dispute between the company and the Kremlin belonged in a forum where Moscow would participate.

Yukos, which sought bankruptcy protection in Houston in December, has complained it was the victim of a Kremlin-orchestrated campaign to destroy it and former owner Mikhail Khodorkovsky, who is facing a 10-year prison term for fraud and tax evasion.

“Yukos, our shareholders, creditors and our employees are clearly better off if we are able to continue with our bankruptcy base in the U.S. Court,” Chief Executive Officer Steven Theede said in a statement on Friday.

The company said on Thursday that it was also mulling taking its appeal to the higher U.S. District Court.

Russian authorities sold Yukos’s Yuganskneftegaz at auction in December despite restrictions imposed by Judge Clark. The unit was bought by a previously unknown group for $9.4 billion (4.9 billion pounds) which itself was subsequently bought by state-controlled oil company Rosneft.

The Russian government has levied a $27.5 billion back tax bill on Yukos and seized the company’s Russian bank accounts.

Yukos acknowledged the judge’s concern about Moscow’s refusal to abide by her rulings, but said “the only way of knowing for certain will be to put them to the test.”

In court papers, Yukos said because of the automatic stay on selling its assets imposed by the bankruptcy court in December, Russian authorities had made no move to take over its Tomskneft and Samaraneftgaz production units or its six refineries.

“Without the automatic stay, Yukos will be dismembered quickly through inappropriate processes,” the company said. Yukos has also filed a case against the Russian government in the European Court of Human Rights and its parent company, Menatep Group, has sued Russia in Europe for $28.3 billion in financial damages.

(From MosNews, 02.28.2005)

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Saturday, February 26, 2005

Yukos CEO's defiant testimony: 'I do not consider myself guilty of a single charge'

By ALEX NICHOLSON
Associated Press writer




MOSCOW -- Speaking from the courtroom cage where he has sat throughout his nine-month trial on tax evasion charges, the founder of Russia's largest oil company defiantly proclaimed his innocence Friday and said prosecutors had fabricated the whole case against him.

Mikhail Khodorkovsky read from a thick sheaf of notes in three hours of testimony as he methodically responded to each accusation, concluding each time that prosecutors had made "deliberately false declarations."

"I do not consider myself guilty of a single charge," Khodorkovsky said in his first official court statements since his trial began.

The former CEO of the shattered Yukos oil giant said he had managed a successful company "and helped a number of others to rise from the ruins after the collapse of the Soviet Union."

The politically charged trial and the dismantling of Yukos -- once Russia's most transparent company -- have slowed Moscow's oil exports, helped push up prices and raised questions about investing in the country.

Observers say the trial and the parallel back tax case against Yukos were launched by the Kremlin as punishment after Khodorkovsky funded opposition parties leading to parliamentary elections in 2003. President Vladimir Putin has repeatedly contended that the investigation targeted a rotten business empire and its owners.

Prosecutors argue that Khodorkovsky and business partner Platon Lebedev were part of an "organized group" that illegally won a 20 percent stake in Russia's biggest fertilizer component-maker, Apatit, using a complex web of shell companies in 1994. Khodorkovsky went on to build the Yukos empire on the basis of that acquisition.

Speaking from the cage where all defendants are held during proceedings, Khodorkovsky contended that state prosecutor Dmitry Shokhin -- sitting opposite in the blue uniform and gold lapels of the Prosecutor General's Office -- had failed to prove that he was "personally involved" in the events around Apatit or the other charges.

Even if he had been involved, Khodorkovsky said, no crime had been committed.

"The state prosecutor has not provided any evidence, but he tries to ... create it," Khodorkovsky said. He said he felt sorry for Shokhin, because "his role is to make a stand for the ... theories of others."

Huddled on the front bench, Khodorkovsky's elderly parents watched the proceedings unfold, exchanging written observations on a notepad.

Shokhin, who declined to cross-examine Khodorkovsky, retorted that his testimony had been "invented by his lawyers."

Once Russia's biggest oil company, Yukos lost 1 million barrels of daily crude production in one fell swoop in December when the government sold its core unit Yuganskneftegaz at a disputed auction in December. The unit was sold to pay off $28 billion in back taxes the government claimed Yukos owed.

In an 11th-hour attempt to stop the auction, Yukos filed for bankruptcy protection in a U.S. court in Texas. The court initially banned the auction from going ahead, but on Thursday, U.S. Bankruptcy Judge Letitia Clark court tossed the case out for lack of jurisdiction, effectively burying Yukos' last avenue of legal defense in the United States.

The winner of the disputed auction -- which went ahead despite the court injunction -- was ultimately bought by state-controlled oil company Rosneft.

Already nearly worthless, Yukos stock tumbled by 22 percent in the first three minutes of trading on Moscow's MICEX exchange Friday.

Yukos claims that U.S. investors lost nearly $6 billion as the company's value fell from its peak of $40 billion before Khodorkovsky's arrest in October 2003 to around $2 billion currently.

The holding company formed by Khodorkovsky that controls some 60 percent of Yukos, meanwhile, said it was disappointed by the U.S. court ruling. Yukos has said it will appeal.

"This judgment will not help in its (Yukos') struggle to survive," Group Menatep said.

While sounding the company's death knell, the U.S. decision could be the silver lining investors have been seeking in the Yukos affair.

Had the U.S. court accepted jurisdiction, the planned merger between Rosneft and state gas giant Gazprom would have been indefinitely put on hold, since Rosneft would have been the holder of an illegally acquired asset -- Yuganskneftegaz.

That would have delayed a complicated deal to give the Russian government a controlling stake in Gazprom -- a key requirement for allowing foreigners to buy Gazprom's massively undervalued shares.

Gazprom is the largest natural gas producer in the world and supplies a quarter of Europe's gas.

(AP via Casper Star Tribune, 02.26.2005)

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Jailed Oil Tycoon Slams Charges

Testifying in his defense for the first time, Khodorkovsky rejects Russian government's allegations of financial manipulation as lies.

By David Holley, Times Staff Writer


MOSCOW — Mikhail Khodorkovsky, the former head of Yukos Oil Co. who is on trial on charges of fraud and tax evasion, bitterly rejected the prosecution's case against him Friday in his first testimony in his own defense.

Speaking from a steel cage, where defendants are routinely kept while in court, Khodorkovsky methodically responded to accusations made against him during nine months of trial, calling each a deliberate lie.

"I categorically object to the way that normal business activity has been given a crime-fiction-style interpretation," the former oil chief said. "I am accused of crimes that didn't take place and that are the result of the prosecution's artistic fantasies."

The privatization of state assets in the early 1990s, in which Khodorkovsky and other "oligarchs" amassed great wealth, is widely known to have been an opaque and corrupt process.

But Khodorkovsky, 41, and his supporters have argued that the case against him and a separate court action against Yukos are a cover for state seizure of Yukos' assets and punishment for political opposition to President Vladimir V. Putin. Critics contend that Khodorkovsky's case is evidence that Russia has regressed on democracy and the rule of law.

The state-owned firm Rosneft took over Yukos' core production unit in December after the Kremlin auctioned it off to pay for a $27-billion tax claim against the firm.

In a major setback to Yukos, the U.S. Bankruptcy Court in Houston dismissed a case Thursday that had been filed in the hope of blocking the production unit's sale or recovering damages. Judge Letitia Clark, noting that the "vast majority" of Yukos' operations took place in Russia, ruled that her court was not a suitable forum for addressing the dispute.

Prosecutors in Khodorkovsky's trial have presented a mind-numbing flurry of documents and details concerning his rise to wealth and the activities of Yukos and firms with which it dealt. That includes voluminous material related to Khodorkovsky's alleged illegal 1994 takeover of a 20% stake in a large, state-owned fertilizer company, Apatit.

"I don't admit any guilt on any of the charges," said Khodorkovsky, who has been jailed since October 2003. "On the contrary, I am proud of having managed for 15 years a number of successful companies and helped other companies to rise from their knees after the Soviet Union collapsed."

Dressed in jeans, a black turtleneck and a brown jacket, Khodorkovsky distanced himself from many of the individuals and firms mentioned in the accusations. The charges are based in part on the allegation that Khodorkovsky controlled dummy companies that enabled him to manipulate business deals. His defense is based largely on the argument that the individuals and firms involved in the deals could act independently.

"Investigators have presented as evidence of crimes information about normal business activities, most of them carried out by enterprises not owned or managed by me," he said.

According to the charges, the firm Volna, which won the fertilizer company tender with backing from a Khodorkovsky-controlled bank, had posed as an independent company but was really a front for Khodorkovsky. Volna later became embroiled in a legal dispute that is part of the backdrop to the fraud charges.

Khodorkovsky tried to separate himself from the firm. "If the court made a decision about Volna, it was decision about Volna, not about me," he said.

"I always acted within the law," he added. "I have given a detailed account of the circumstances of the acquisition of 20% of Apatit. I consider the accusation that acquisition was fraudulent to be a deliberate lie."

Prosecutor Dmitry Shokhin declined to question Khodorkovsky but declared that everything the defendant said was "untrue, written by his lawyers." That comment drew a rebuke from Judge Irina Kolesnikova.

Shokhin's decision not to cross-examine Khodorkovsky raised some eyebrows.

"The government prosecutor's unwillingness to ask Khodorkovsky any questions is both ridiculous and self-explanatory," said Yulia Latynina, a columnist with the Novaya Gazeta newspaper. "It is ridiculous because common logic says that if you know that your opponent is lying and you have got facts in your hands, nothing could be easier than asking a couple of questions, driving this person into a corner and catching him lying.

"Shokhin was clearly afraid to end up being beaten in this intellectual boxing ring by a person who has his hands and feet tied," she said.

However, the judge grilled Khodorkovsky on his relationships with people and companies named in the charges, which describe the former oil executive as head of a "criminal group." Khodorkovsky acknowledged knowing most of them but stressed that most were mid-level managers who could have conducted their own business activities.

(From Los Angeles Times, 02.26.2005)

===========================
I would like to add, that if this paper seems to insinuate, that Khodorkovsky is tring to escape his responsability, it is not the case. He gave very detailed answers to all the points mentionned by the prosecutors. The most important fact is that he and his lawyers presented evidencies that tax charges has been payed to the State and that the Apatit question has been regulated according to the law.

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Friday, February 25, 2005

Tax Inspectors Probe Khodorkovsky’s Foundation

Tax officials have started to check the social organization Open Russia chaired by former head of the Yukos oil company, Mikhail Khodorkovsky.

The tax inspectors are also checking 23 of Open Russia’s partner organizations including the Institute for Independent Elections, the Glasnost Defense Foundation. Open Russia said in a statement that there was nothing unusual about the new check but it was the fourth one in 18 months. The organization called this an “exceptional” fact.

The first check was carried out in November 2003 but later it was halted. Since Feb. 15, the tax inspectors have been checking the company’s activities for 2003 and 2004.

The new inspection seems to be wider than it was before and it started a month and a half before the tax accounting deadline.

Open Russia was established in late 2001 with a view to promoting civil society in Russia.

(From MosNews, 02.25.2005)

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Tuesday, February 22, 2005

Free Khodorkovsky!

By Joshua Livestro Published 02/22/2005

In his second Inaugural Address, President George W. Bush launched what we can now safely call the Bush Doctrine: the spread of democracy and liberty anywhere is in the self-interest of free societies everywhere. The sources of inspiration for this doctrine are many, ranging from the biblical idea that the truth shall set us free to Ronald Reagan's confrontational Evil Empire speech in the Palace of Westminster in 1982. Uppermost in Bush's mind, however, was a book that has caused quite a stir in the US since its launch in the autumn of last year: Natan Sharansky's The Case for Democracy: The Power of Freedom to Overcome Tyranny and Terror.

Sharansky's story is well recorded. He was a political prisoner in the Soviet Union, held in a remote camp in Siberia. He gained new hope when his guards gave him a copy of the Pravda in which the authorities attempted to rubbish claims by President Reagan that the Soviet Union was, fundamentally, an evil empire:

"Tapping on walls and talking through toilets, word of Reagan's 'provocation' quickly spread throughout the prison. We dissidents were ecstatic. Finally, the leader of the free world had spoken the truth - a truth that burned inside the heart of each and every one of us."

Twenty years on, a different American president can similarly give hope to a political prisoner held in a cell in a remote Siberian jail by demanding that Russian President Vladimir Putin reverse his country's dangerous slide back to authoritarianism. Bush ought to use this week's Bratislava meeting to demand that the Kremlin oligarchy restores press freedom, reverses a number of anti-democratic reform measures and, most important of all, sets free all political prisoners. The most important of this new generation of Russian dissidents is the former head of the Russian oil company Yukos, Mikhail Khodorkovsky. Since his arrest in October of 2003, Khodorkovsky has spent the past 15 months in custody, awaiting the outcome of a show trial that will surely see him convicted on trumped up charges of tax evasion. His real crime is a political one. In the run-up to the last presidential elections, Khodorkovsky spent some of his considerable capital supporting a number of free-market liberal democratic parties in their campaign against Putin's autocratic regime.

On the 25 January of this year, the Council of Europe adopted a resolution declaring that Khodorkovsky's arrest (and that of another prominent political prisoner, Platon Lebedev) was essentially an attempt "to weaken an outspoken political opponent, intimidate other wealthy individuals and regain control of strategic economic assets." The latter was achieved through the farcical sale of the core Yukos operations at Yuganskneftegaz to the then unknown and since dissolved Baikal Group. The Council's strongly worded condemnation follows an equally strongly worded declaration by the Council's rapporteur, Sabine Leutheusser-Schnarrenberger, condemning the Russian government for its "over-zealous, apparently coordinated measures against Yukos and its former leaders," which "have made me wonder whether a political background can still be denied."

Khodorkovsky is certainly not the only victim of the Kremlin's campaign of repression. Since Putin's unexpected rise to power in the 2000 presidential elections, the Kremlin has tightened control of the media; in April of 2001, Putin's prosecutors effectively closed the country's only independent broadcasting corporation, thereby bringing all television news broadcasts under state control. The Putin-controlled Duma recently passed legislation restricting the right to stage public demonstrations. As part of his electoral "reform" program, Putin also abolished democratic elections for state governors, replacing them with directly appointed cronies. Khodorkovsky's arrest has been something of a turning point, however. Since then, it has been impossible for the Kremlin to hide the ugly truth about its autocratic intentions. That doesn't stop it from trying, of course. When asked, Putin's underlings always trot out the party line that "Russia has no political prisoners" - newspeak, 21st century style.

It has been reported in the Israeli press that Sharansky personally intervened to help Khodorkovsky's assistant, Leonid Levzlin, escape the Russian prosecutors by getting him an Israeli passport. For his part, the former dissident seems to be doing all he can to help his fellow dissidents. That puts the ball firmly in President Bush's court. Will he have the courage to call Russia's new tyranny by its real name? And more importantly, will he mention Khodorkovsky's name when expressing his concerns about the treatment of Russia's political prisoners? Will the leader of the free world again give courage to those unjustly imprisoned by speaking truthfully? For the sake of liberty, he should.

(From Tech Central Station, 2.22.2005)

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Monday, February 21, 2005

Talk With Putin Will Test Bush's Inaugural Pledges

By Peter Baker, Washington Post Staff Writer

The last time they sat down, President Bush politely asked President Vladimir Putin about Russia's retreat from democracy. Putin, according to U.S. officials, responded with a testy tirade on Russian history, filibustering for so long that Bush, left with an extended list of other issues to cover in a short private lunch, let the matter go without challenging the former KGB colonel.

Three months later, Bush will meet Putin again this week, and this time faces pressure not to let it go. The Bush-Putin summit in Slovakia, according to White House aides and outside critics, will be the first test of the grand promise laid out in the president's inauguration address last month to promote democracy abroad and confront "every ruler and every nation" about internal repression with the goal of "ending tyranny in our world."

Aides have carved out at least 2 1/2 hours in Bratislava on Thursday for the two to talk privately at length so the president would have enough time to get into a genuine exchange with his Russian counterpart about the rollback of democratic institutions and the elimination of political opposition. Some administration officials have been privately disappointed that the president has not been more forceful in the past, and worry that if he fails to take a tougher stance now, it will undermine the new Bush doctrine of putting freedom at the center of U.S. foreign relations.

"You couldn't have a bigger test -- it's incredibly important," said Jennifer Windsor, executive director of Freedom House, a U.S.-funded group that promotes liberty around the world and recently downgraded Russia to "not free" in its regular survey for the first time since 1989. "People will be judging what he says publicly and saying, 'Oh, we addressed this privately'; that's not going to be enough."

Administration officials said they grasp the stakes in Bratislava. "Everybody realizes this is the first meeting after the president's inaugural address, that this will be a test, his first encounter with a leader that people have on their list" of world autocrats, said one senior official who insisted on anonymity because he is not an official administration spokesman. "Everyone is aware of that. They realize there will be extra attention because of the inaugural speech."

Yet Bush, who famously declared that he had seen Putin's soul during their first meeting nearly four years ago, still harbors a personal friendship for the Russian, aides said, and he remains reluctant to jeopardize that with a scolding that might prove counterproductive. The administration has just completed a review of its Russia policy led by national security aide Thomas E. Graham Jr. that called for no radical changes in Bush's first-term practice of engaging Putin and promoting cooperation without conditioning relations primarily on Russia's democratic reversals, officials said.

Excessive focus on Russia's internal situation, they added, could get in the way of other important priorities. The administration has been pleased with recent Russian cooperation in pressuring Iran to abandon any nuclear weapons program.

But Moscow plans to sign an agreement with Tehran this week on spent nuclear fuel that will accelerate construction of a civilian nuclear reactor in southern Iran near the city of Bushehr despite U.S. concerns, and Putin on Friday pronounced himself convinced that Iran does not want to build nuclear arms and announced that he will visit there soon. U.S. officials are also peeved at fresh Russian arms sales to Syria.

Russia poses a particular challenge to Bush as a case study in authoritarian retrenchment. In recent years, the Kremlin has seized control of independent television, imprisoned or forced critics into exile, effectively renationalized the country's largest oil company, evicted pro-Western democrats from parliament and canceled the election of governors. Russia's attempts to influence neighboring countries, especially during the recent Ukrainian election, have also strained ties to Bush.

"This is the only country that's had a democratic reversal on his watch," said Michael McFaul, a Russia scholar at Stanford University. "This is the one where the rubber hits the road."

Bush signaled no significant change in his approach to Russia in interviews with European journalists on Friday. For the Russians, he chose to talk with Itar-Tass, the state news agency, rather than one of the remaining independent news organs fighting government attempts to stifle free speech. Accordingly, Bush was not even asked about Putin's rollback of democracy, and the only discussion of freedom came up in relation to the Middle East.

It fell to a Slovak journalist to ask Bush about Russia's wilting democracy in a separate interview that likely will not be shown on Moscow's state-controlled television. Bush gave the same answer he has in the past, stressing his friendship with Putin, playing down the situation in Russia and blandly characterizing it as a question of "checks and balances" rather than using the term "democracy."

"I have a good relationship with President Putin," Bush said. While Putin has "done some things that [have] concerned people," Bush said their relationship means "I can explain to him as best I can, in a friendly way of course, that Western values are, you know, are based upon transparency and rule of law, the right for the people to express themselves, checks and balances in the government."

In recent days, Bush has come under increasing pressure both from the political right and left to sharpen his approach to Putin. Amnesty International, the liberal human rights group, sent the president a letter Thursday urging him to raise cases of torture, killings and other abuses in Russia. The Weekly Standard, a leading neoconservative magazine, posted an article by McFaul and George Washington University professor James M. Goldgeier warning that if Bush does not publicly confront Putin, "then the critics were right and authoritarian leaders everywhere can sleep easy."

The chorus has been growing on Capitol Hill, as well. Sens. John McCain (R-Ariz.) and Joseph I. Lieberman (D-Conn.) reintroduced a measure Friday calling for Russia to be suspended from the Group of Eight industrialized nations. McCain, who two years ago warned of a "creeping coup" in Russia, said that "the coup is no longer creeping -- it's galloping."

Sen. Joseph R. Biden (Del.), the ranking Democrat on the Foreign Relations Committee, challenged incoming Deputy Secretary of State Robert B. Zoellick during a confirmation hearing Tuesday. "When are we going to get tough with Russia?" Biden asked. "The bottom line is you're being silent on Russia. They're bad guys, what they're doing right now."

Sen. Richard G. Lugar, the committee chairman, convened a separate hearing Thursday on Russian democracy featuring representatives of Yukos Oil Co., which was broken apart in a politically charged strike against Putin rival Mikhail Khodorkovsky. Lugar complained that Bush is cutting 13 percent from the Freedom Support Act, which assists democracy programs in the former Soviet Union. "President Bush must make democracy, human rights and the rule of law priorities of the discussion" in Bratislava, Lugar said.

Bush advisers said they want to balance the democracy issue against what they consider an otherwise constructive relationship. "It's a very tough one," said a senior official, who asked to remain unidentified, "because of the whole 'freedom' thing and how you balance it. It's a very legitimate tension, and we knew we were buying it when we started talking about democracy."

Moreover, some administration officials said they can hardly afford to focus much on Russia's domestic climate when they have their hands full in the Middle East. "There's still a lot of thrashing about," said Robert Nurick, a scholar at the Monterey Institute of International Studies. "There are parts of the administration that want to proceed more or less as before. They're under a lot of pressure. They're not happy, but they don't see any good alternative."

Others said pushing the sometimes-prickly Putin would backfire. "Yeah, it's a test, but I think the Bush foreign policy team is too smart to push too hard on it, because it could blow up in their face," said Celeste A. Wallander, a specialist at the Center for Strategic and International Studies. "It's just not going to work because the Russian soil isn't fertile -- I don't mean for democracy but for listening to the United States on such things."

(The Washington Post via Yahoo!, 02.20.2005)

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Yukos Lawyer Wants Bush to Intercede

By GERALD NADLER, Associated Press Writer

NEW YORK - A lawyer for the founder of Russia's troubled oil giant Yukos said Friday President Bush could end "this shameful business" and win freedom for Mikhail Khodorkovsky with "a single word" when he meets the Kremlin leader at a summit next week.

In arguably the biggest trial in Russia's post-communist history, Khodorkovsky and his partner Platon Lebedev have been charged with fraud and tax evasion. The trial is nearing an end after dragging on since June 16 in a cramped Moscow courtroom, where Khodorkovsky sits in a cage according to Russian judicial proceedings.

Khodorkovsky, Russia's richest man, was jailed Oct. 25, 2003, after special forces troops surrounded his private jet at an airport in Siberia.

"His case is absolutely hopeless in the Russian judicial system, which is not independent. They are going to find him guilty, although he didn't commit any crime at all," said Karinna Moskalenko, one of Khodorkovsky's lawyers.

Moskalenko and fellow counsel Yuri Schmidt, John Pappalardo and Sanford Saunders said Khodorkovsky was on trial not because of nonpayment of billions of dollars in taxes but because of his perceived political ambitions and funding for opponents of President Vladimir Putin (news - web sites).

Pappalardo, who was a Massachusetts prosecutor for 20 years, said the case against Khodorkovsky and Lebedev was "nothing more than a shameless effort to recast two of Russia's foremost and most successful businessmen and economic reformers as nefarious criminals."

Yuri Schmidt, a lawyer for 40 years in the Soviet Union and Russia, said an initiative from President Bush at his Feb. 24 summit with Putin in Bratislava, Slovakia, could end the case.

"A single word from Bush would be enough to put an end to this shameful business, but I doubt he will raise the subject," Schmidt said at the forum sponsored by the New York University School of Law and the Foundation for the Defense of Democracies, a conservative think tank.

Schmidt said the experience of four decades as an attorney in Russia showed him that the Kremlin understands only force. "Then our heroes turn tail and hide in the bushes," he said, adding the U.S. has shown little initiative in the case and that Bush was not expected to raise the case.

One such threat, others pointed out, would be barring Moscow's hoped for admission to the World Trade Organization (news - web sites) unless the Khodorkovsky case was concluded without punishment for the businessman.

"President Bush should point out to Putin that this has gone on too long , it's gone too far, and if he wants to return Russia to greatness and make it a super power and make it a part of the WTO and a fully functioning member of the global economy, then he should wind this up and get Russia back on the track of the rule of law."

Khodorkovsky has resigned as CEO of the firm he founded, and Yukos has been largely dismantled.

The culmination came Dec. 19, when Yukos unit Yuganskneftegaz, responsible for 60 percent of company's output and 11 percent of Russian oil production, was sold at government auction to an unknown company registered to the address of a bar in a provincial Russian town. The sale price was half of what Yukos and foreign auditors say it was worth. The government said Yukos owed $28 billion in back taxes.

(Associated Press via Yahoo!, 02.20.2005)

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Friday, February 18, 2005

Democracy in Russia

Based on testimony delivered before the U.S. Senate Committee on Foreign Relations.
by Bruce P. Jackson
02/18/2005 12:00:00 AM

(1) What are the necessary institutional requirements for a successor state of the former Soviet Union to succeed in a transition to democracy? And how have these institutions, which would be essential for a democratizing Russia, fared in President Putin's Russia?

(2) What policy is President Putin pursuing towards democracy in Russia and towards the prospect of positive democratic change in Russia's neighbors?

(3) Has Russia become hostile to both the democratic values and the institutions of the West? And, if so, what should be done about it?


I

IN RETROSPECT, we now recognize that the arrest of Mikhail Khodorkovsky on October 25, 2003 by heavily armed, special forces troops was the watershed event in the deterioration of democracy in Russia. Prior to this arrest, the soft suppression of democratic forces appeared to some as a manifestation of Moscow's historic political insecurity and an understandable effort to "manage' democracy and ameliorate the excesses of, and societal stress from, the Yeltsin era. Subsequent to October 2003, it became apparent that what President Putin had undertaken was a comprehensive crackdown on each and every perceived rival to state power and the re-imposition of the traditional Russian state, autocratic at home and imperial abroad.

However, if we focus only on the animus President Putin has towards Khodorkovksy and the resultant "show trials" of Yukos executives, we risk missing the breadth of the crackdown on democratic forces and risk failing to see the logic of authoritarian and possibly even dictatorial power behind the events in Russia over the
past two years.

Let me contrast the situation in Russia with the positive developments in Georgia during the Rose Revolution in November 2003 and in Ukraine during the Orange Revolution of December 2004. Democratic leaders in CIS countries and outside analysts have paid considerable attention to the attributes of Georgian and Ukrainian society that allowed their respective transitions to peacefully sweep away autocratic regimes despite their total control of the hard power of the security services and military forces.

While the encouragement of Western democracies and the prospect of membership in such important institutions as the European Union and NATO have been important factors in the thinking of reformers in CIS countries, the preconditions of democratic change in the former Soviet Union appear to be:

(1) An extensive civic society comprised of multiple NGO's where pluralism can develop;

(2) Independent political parties which can contest elections;

(3) An opposition bloc in Parliament which can offer alternative policies and serve as a training ground for future governance;

(4) The beginnings of a business community which can financially support an opposition as a counterweight to the regime's use of government resources and corrupt business allies;

(5)An independent media with the capability to distribute printed materials and with access to at least one independent television station; and

(6) Civilian control of the military and security services adequate to ensure that armed force will not be used to suppress civil dissent.

Regrettably, Putin and the former KGB officers who surround him, the so-called "Siloviki," conducted an analysis of the preconditions of democratic change, similar to the one I have just outlined, but reached a radically different conclusion. Rather than support and encourage these positive developments in post-conflict and post-Soviet states, President Putin evidently resolved to destroy the foundations of democracy in Russia and actively to discourage their development in countries neighboring Russia and beyond. And this is precisely what he has done.

(1) In May 2004, Putin formalized the attack on the civil sector in his state-of-the-nation address by accusing NGO's of working for foreign interests and against the interests of Russia and its citizens. Coupled with the conviction of academics Igor Sutyagin and Valentin Danilov on fabricated charges of espionage, the NGO sector in Russia has been effectively silenced.

(2) Human Rights Watch reports that "opposition parties have been either decimated or eliminated altogether, partially as a result of the deeply flawed elections of December 2003."

(3) By 2004, United Russia, Putin's party in the Duma, controlled two-thirds of all seats and enough votes to enact legislation of any kind and to change the constitution to suit the President. On December 12, 2004, Putin was thus able to sign into law a bill ending the election of regional governors and giving the President the right to appoint Governors, thereby eliminating the possibility of any parliamentary or regional opposition.

(4) The destruction of Yukos and the seizure of its assets marked the beginning of the destruction of the business class, but do not fully convey the scale of re-nationalization. The Kremlin has made no secret that Russia claims all oil and gas reserves in the former Soviet Union as well as ownership of the pipelines which transit the territory of the former Soviet Union. The outflow of investment from Russia over the past year and a half confirms that the business base which could support alternative political views inside Russia is shrinking rapidly. The elimination of a
politically active business community was precisely what President Putin intended to bring about by the arrest and subsequent show trial of Mikhail Khodorkovsky.

(5) Of all the areas where the Russian Government has suppressed the possibility of democracy, it has been most comprehensive and ruthless in its attack on independent media. All significant television and radio stations are now under state control. The editor-in-chief of Izvestia was fired for attempting to cover the tragic terrorist attack on the school children of Beslan, and two journalists attempting to travel to Beslan appear to have been drugged by security services. The state of journalism in Russia is so precarious that Amnesty International has just reported that security services are targeting independent journalists for harassment, disappearances and killing. It should surprise no one that the distinguished Committee to Protect Journalists lists Russia as one of the World's Worst Places to Be a Journalist in its annual survey.

(6) Among the most alarming of recent developments, however, is the return of the KGB to power in the Presidential Administration. According to Olga Kryshtanovskaya, a leading Russian sociologist, former KGB officers are regaining power at every level of government and now account for 70% of regional government leaders. Other analysts state that the number of former secret police in Putin's government is 300% greater than the number in the Gorbachev government. In this situation, there is a high probability that military and security services would be used to suppress civil dissent and, indeed, are already being used to this effect.

If the conditions which supported democratic change and reform in Georgia and Ukraine are any guide, President Putin has orchestrated a sustained and methodical campaign to eliminate not only democratic forces in civil and political life, but also the possibility of such forces arising again in the future. I do not think that it is accurate to say that democracy is in retreat in Russia. Democracy has been assassinated in Russia.


II
Nobel Peace Prize Laureate Andrei Sakharov wrote, "A country that does not respect the rights of its own people will not respect the rights of its neighbors," and this is an admonition to hold in mind when assessing the overall direction of Putin's policies. Rather than simply label Russia as an autocracy or as a borderline dictatorship, it is probably more accurate and useful for this Committee to regard Russia as an "anti-democratic state" locked in what its leadership imagines is a competition with the West for control of the "post-Soviet space."

President Putin's initial argument for "managed democracy" rested on his belief that the sometimes unpredictable quality of liberal democracy could weaken the security of the Russian state unless it were subject to a substantial degree of state control. Whether or not he actually believed this, he quickly advanced to a more militant conviction that independent political parties, NGO's and journalists, by questioning the wisdom of his policy towards Chechnya, were effectively allies of terrorism. It is a short walk from the authoritarian view that domestic freedom must be curtailed in wartime to the dictatorial conclusion that all opposition and dissent is treasonous. By 2004, President Putin had arrived at the dictatorial conclusion.

To put it bluntly, the growing view in Putin's inner circle is that in order to regain the status of a world power in the 21st century, Russia must be undemocratic at home (in order to consolidate the power of the state) and it must be anti-democratic in its "near abroad" (in order to block the entry of perceived political competitors, such as the European Union or NATO, invited into post-Soviet space by new democracies.) The war on terror is not central to this calculation and is little more than something to discuss with credulous Americans from time to time.

Again, the statements of Gleb Pavlovsky confirm understandable suspicions about Russian intentions. Shortly after the election of Victor Yushchenko as President of Ukraine, Pavlovsky urged the Kremlin to adopt a policy of "pre-emptive counter-revolution" towards any neighbor of Russia which manifested politically dangerous democratic proclivities. Another of the so-called "polit-technologists" Sergei Markov, who also advises President Putin, has called for the formation of a Russian organization to counter the National Endowment for Democracy, whose purpose would be to prevent European and American NGO's from reaching democratic movements anywhere in the Commonwealth of Independent States, in other words in post-Soviet space. (There is, of course, not the slightest reference to countering militant fundamentalism or Islamic terrorist cells in any of this.)

In December 2004, Russia vetoed the continuation of the OSCE-led border monitoring operation which polices the mountain passes along Georgia's borders with Ingushetiya, Chechnya and Dagestan in the North Caucasus. Most observers believe the removal of international monitors is intended to allow Russia complete freedom to conduct military and paramilitary operations inside Georgia under the pretext of chasing terrorists. Russia has continued to hand out Russian passports to secessionists in Abhazia and South Ossetia, and, despite its multiple international commitments to withdraw its military forces from Soviet-era bases in Georgia, continues to occupy and reinforce these bases. In a word, Putin's policy towards Georgia is indistinguishable from the 19th century policies of Czarist Russia towards the easily intimidated states of the South Caucasus.

In Moldova, since December 2003 when the Russian negotiators proposed in the Kozak Memorandum to legalize the permanent stationing of Russian troops in Transdnistria, Russia has worked tirelessly to exacerbate tensions between Transdnistria and Chisinau and to prevent the demilitarization of Transdnistria. As a result, Russia has been able to keep Moldovan leadership sufficiently weak, divided, and corrupt so as to be incapable of enacting the reforms necessary for democratization. Transdnistria remains exclusively a criminal enterprise under Moscow's protection and the largest export hub of illicit arms traffic in the Black Sea region. And remember, Russia shares no border with Moldova, a fact which adds to the imperial character of Russian intervention.

In Ukraine, the massive scale of Russian interference and President Putin's personal involvement in the recent fraudulent presidential elections is well-known. Most analysts believe that the Kremlin spent in excess of $300m and countless hours of state television time in the attempt to rig the election for Victor Yanukovich. What may be less well known to this Committee is that explosives used in the botched assassination attempt on Victor Yushchenko and the dioxin poison that almost succeeded in killing him both almost certainly came from Russia. Western diplomats and numerous Ukrainian officials in Kiev say privately that the investigation into these repeated assassination attempts is expected to lead to Russian organized crime and, ultimately, will be traced to Russian intelligence services. There is mounting evidence that the murder of political opposition figures in neighboring countries is seen by some factions of the Russian security services, such as the GRU, as being a legitimate tool of statecraft, as it was in the dark years of the Soviet Union.

With regard to Belarus, President Putin's government has been an accomplice with Alexander Lukashenko in the construction and maintenance of what has been often called "the last dictatorship in Europe." This unholy alliance has brutalized and impoverished the people of Belarus and is distinguished only by the degree of Russian cynicism which motivated it. Here again, I cannot improve on the words of Putin-advisor Gleb Pavlovsky:


We are totally satisfied with the level of our relations with Belarus. Russia will clearly distinguish between certain characteristics of a political regime in a neighboring country and its observance of allied commitments. Belarus is a model ally.

Think about this for a moment. The last dictatorship in Europe is the closest ally of the Putin Government. If this fact were not a tragedy, it would be laughable.


III
Given the reversal of democratic trends in Moscow and the appearance of a threatening Russia in Eurasian politics, what are the implications for US foreign policy? It seems to me that we are forced to six conclusions:

(1) Russia will actively contest the growth of democratic governments along its Western border with Europe, throughout the Black Sea and Caucasus region, and in Central Asia. President Putin intends to block the resolution of the frozen conflicts from Transdnistria to South Ossetia to Nagorno-Karabakh and to maintain the Soviet-era military bases which serve as occupying forces and prolong these conflicts. The instability this policy will cause in the governments throughout the post-Soviet space will be a long-term threat to the interests of Europe and the United States in stabilizing and democratizing this region.

(2) Russia will obstruct the development of effective multi-lateral institutions and their operations, such as the OSCE and NATO Partnership for Peace, anywhere in what Putin perceives as Russia's historical sphere of influence, thereby isolating Russia's neighbors from the structures of international dialogue, conflict resolution, and cooperation.

(3) Russia will increasingly engage in paramilitary and criminal activities beyond its borders, both as an instrument of state policy and as a function of simple greed. Thus, the United States should expect the persistence of arms traffic to embargoed states and the irresponsible proliferation of small arms (as in South Ossetia) as well as a higher incidence of both politically and criminally motivated bombings and murders (as in the recent car bombing in Gori, Georgia and the repeated attempts on Victor Yushchenko's life.)

(4) President Putin's goal of a 21st century empire will cause him to seize, extort or otherwise secure the oil and gas reserves of the Caspian and Central Asia as a source of funds for state power. Indeed, the seizure of Yukos and the network of pipelines were the first two steps in a larger plan to control the resources of Central Asia. Setting aside the negative impact these developments will have on world energy prices, our allies in Europe will become increasingly dependent on an oil monopoly controlled by the Russian security services for its growing energy needs. Without doubt, this oil and gas will come with a political price.

(5) The policies of Russia and the conduct of President Putin are growing increasingly eccentric and seem to be motivated more by an angry romanticism, than by a rational calculation of national interest. Putin's insistence in an interview with Russia journalists at the time that there were no casualties in the slaughter in the Nord-Ost Theater is revealing. Putin was only conscious of casualties among the Russian security services; the lives of civilians did not figure in his calculus. As everyone knows, the unpredictable and uncalculated use of power in international politics is highly dangerous. In a word, we are not dealing with a benevolent autocracy; we are now dealing with a violent and vulgar "thuggery."

(6) And, finally, President Putin's plan cannot possibly work. Both strategically and economically, Russia cannot support itself as a world power and cannot feed its people with an economy run by the Kremlin. Thus, if these trends are not reversed, Putin will bring about the second collapse of Moscow which may well be far more dangerous and violent than the collapse of the Soviet empire in 1989. It was precisely this outcome, the return to empire and the resultant collapse, that US policy has been trying to avert since the fall of the Berlin Wall. As Secretary of State Condoleezza Rice advised presciently some years ago, a critical challenge for US policy will be "to manage the decline of Soviet power." So far, we are not meeting this challenge.

It seems to me that there are four policy steps that the United States should take in response to the threat posed by an anti-democratic Russia. First, we have to end the exemption from public criticism that President Putin's administration seems to enjoy. If Saudi Arabia and Egypt are no longer immune from legitimate criticism of their undemocratic practices, so too must Russian practices be subject to public censure by US policymakers.

Second, the United States must end the policy of advancing access to the inner councils of democratic institutions (the G-7, NATO, and the White House) as long as Putin continues to abuse human and political rights at home and attempts to undermine democratic institutions abroad. If the conduct of Putin is free from penalty, he will undoubtedly continue to pursue policies counter to the interests of the community of democracies.

Third, the United States should work with our partners in NATO and the European Union to develop common strategies to deal with the death of democracy inside Russia and with its imperial interventions abroad. The recent enlargements of the EU and NATO added many European countries with first-hand knowledge of what it means to be an object of Russia's predatory policies. For Czechs, Slovaks, Poles, Balts and others, Russian imperialism is not an abstraction. We can and must expend the political capital to develop a common Western approach that promotes democracy inside and alongside the Russian Federation.

Finally, Natan Sharansky reminds us that "moral clarity" is the essential quality of a successful democracy in its foreign policy. As a nation, we have been far from morally clear about the political prisoners in Russia and the human rights abuses throughout the North Caucasus, to name two of the most egregious examples.

Closely related to the lack of moral clarity is the absence of "strategic clarity." We simply have not informed Russia where the "red lines" are in their treatment of vulnerable new democracies and what the consequences are for Russia in pushing beyond what used to be called "the rules of the game."

A stern and public rebuke to Putin may cause Russia to rethink the self-destructive path on which it has embarked and serve to protect the long-term democratic prospects and future prosperity of Russia and its neighbors. It would also send a message of hope to embattled democrats inside Russia and the beleaguered democracies on its borders. Let us hope that President Bush delivers this message to Putin next week in Bratislava.


Bruce P. Jackson is president of the Project on Transitional Democracies.

(From The Weekly Standard, 2.18.2005)

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Friday, February 04, 2005

“I Miss the Sun” - Khodorkovsky Speaks Out From His Cell

His career as a businessman is over; his career as a citizen continues. Mikhail Khodorkovsky gives his first interview from jail to Russian Newsweek.

Did you ever think that your imprisonment would last this long?

Yes. I honestly did, I warned my friends and family, they didn’t believe me. They thought I was showing off. Unfortunately, the duration of my imprisonment depends not on the court, but on several bureaucrats and businessmen who fear that I may start avenging my own hardships and Yuganskneftegaz.

Do you have any idea as to when you will be released?

I don’t know. Maybe when the authorities only have their power, and the courts are independent, not a mechanism for redistributing property. Maybe this year, maybe never.

Why did the authorities view it as necessary to arrest you?

At the end of October 2003 President Putin was misinformed that I was planning to become the Senator of Evenkia (East Siberia), which would grant me immunity. So I was seized on a Saturday morning in a plane in Novosibirsk. I was indeed going to Evenkia, to support my friend Vassilii Shakhnovskii’s election to the Federation Council. Everyone knows this now.

In addition, I think that it was important for the organizers of the attack on Yukos to cross a metaphorical “red line”, forcing themselves and everyone else to play to the bitter end, so to speak. That’s why I was jailed.

Do you agree with a statement that your imprisonment is the Kremlin’s revenge for your increasingly active political role, including your attempts to introduce your people into the parliament?

That’s part of it. Personally, I am in favor of a strong state, but I am convinced that the power of the state should be located not in the multitude and authority of its bureaucrats. Instead, it should be in the people’s trust toward the government, in the government’s ability of solving society’s problems by attracting and consolidating the nation’s best brains, in a system of institutional and social checks and balances.

I’ve supported various political parties and institutions because I am convinced that our country needs to allow for more than one point of view, it needs a strong and independent political opposition.

However, at this point I am sure that the main reason behind the Yukos affair was the desire of four or five people to gain control over a large and successful oil company. Politics was just an excuse to persuade the government to hit back with property redistribution by any means necessary, including those that are unlawful. In the previous decade we regularly witnessed similar attacks, but never directed against such a large corporation. Such high-ranking officials have never been instruments in these attacks before either.

What is your conclusion? Is this an example of your inflexibility and adherence to principles regarding the authorities, or is this a consequence of a series of mistakes in your business and public work?

Both. With fewer mistakes, more people would understand and trust me. But I still hope to gain their confidence. If it weren’t for my principles, I would be somewhere abroad or in the relevant bureaucrats’ offices, not in jail. I didn’t want to, and in any case I couldn’t. Perhaps before I may have, but at some point I started feeling more like a citizen than a businessman.

It’s harder to speak from a prison, but I am better heard this way. From abroad I would only be seen as an oligarch, squandering his wealth and casually discussing Russia’s destiny between the sauna and tennis sessions. It is physically more difficult for me to speak, but morally, I have a right to do so.

Two years ago you were saying that the State Duma needs to approve not only the appointment of the prime minister, but also his dismissal. Do you still believe that today?

It’s a much broader question. Our country needs a concept of a new political system. This concept still has to be developed. It seems to me that the president should position himself above all political battles as a guarantor of national stability. If the government, responsible for the country’s economy and administration, is formed by parliamentary majority, the duration of the presidential term would not be such an issue. The head of state would then play the role of political arbitrator and be responsible for appointing a number of judges, the prosecutor general, the heads of the special forces.

Many people today criticise the concentration of political power in the hands of one man. But we are forgetting that this concentration is a direct product of the 1993 Constitution, written under pressure of short-term political factors. And I hope we don’t change our political system again simply to conform to someone’s petty conjectural aspirations.

What is your opinion of the Kremlin’s new political reforms, such as the presidential appointment of governors and deputies only being elected according to party lists?

The intention of the authorities is to turn all politicians into appointees thereby freezing the ruling class, making it impenetrable for outsiders. This will invariably lead to stagnation. We already saw what happened to the ruling elite in a similar process during the 1980s, and today’s Russia is even more unstable than the USSR of that time. I think these reforms are dangerous. They may lead to a situation where the only way for people to complain is through revolt, a meaningless and merciless revolt. Would the authorities be able to suppress it? I am not sure.

Do you still think that big business has to repent for its mistakes in the eyes of the people?

Yes. This concerns not only big business, but the entire ruling corporation that is responsible for making the market reforms of the 1990’s completely antisocial, undermining people’s trust in liberal values and ideas. Yesterday’s and today’s bureaucracy, which are interrelated, whatever anyone says, should not assume that an apology from business frees it from responsibility for it’s mistakes.

Have you tried to reach an agreement with the authorities about the conditions of your freedom? Not through solicitation of your lawyers, but through talks with those controlling the investigation and the trial?

I have repeatedly and openly offered my shares of Yukos to the authorities. Not as a ransom for my freedom: I was hoping that by gaining my shares, those who are interested in Yukos would not destroy the company, leaving hundreds of thousands of Yukos employees jobless and hopeless. Yet these people’s fates have been sacrificed to someone’s selfish interests, oriented on Yuganskneftegaz. I mentally said goodbye to the company in spring 2004. That Yukos managers and employees continue to work defiantly marks them out not only as professionals, but as heroes. I feel sorry for the people who have been arrested and forced to make false statements, for the people who were forced to leave the country, and for the people who keep fighting despite everything.

What was the extent of your control over the company’s actions all this time? What are the prospects of the bankruptcy case started in Texas? Will the shareholders’ lawsuits affect the buyer of Yuganskneftegaz?

After my arrest I understood that the business would be taken away, but I could never even imagine that that would happen with the destruction of the company. Being in jail, it’s hard to interpret the situation adequately enough to continue managing it. As you know, I resigned as a Yukos board member. The company’s managers and the board of directors are responsible to the stockholders, so they are doing whatever is necessary to avoid any future complaints, especially from minority shareholders. The same goes for the directors of Menatep, where I held 9.5% and was beneficiary of 50%. Today this has also gone to other shareholders. Those that remain free may have changed something, but the directors are still independent, and are acting in the interest of all stockholders, according to the law.

As one of the Yukos shareholders, Menatep has repeatedly declared its intention to sue both the legal entities responsible for the so-called auction and the companies dealing with the ownership of Yuganskneftegaz. Personally, I am not planning to chase after any sums from the company or the state.

If you could address President Putin right now, what would you tell him?

Mister President, don’t let political power be devaluated and profaned. Don’t let it become a tool for property repartition in the interests of bureaucracy. This will only aggravate the problems of the 1990s.

What are your plans after liberation? Will you remain in Russia?

I don’t want to leave. I don’t see myself as a businessman anymore, I think that stage of my life has come to an end. However, I would like to continue with my educational and social projects through the “Open Russia” foundation, with my university project. I hope I can do this.

What do you do when not dealing with your lawyers and the court?

I read books, trying to stay in shape intellectually. I get many books, so I read a lot. I get stacks of newspapers, magazines, but sometimes I would rather not know or hear any news… I answer letters, people write me often, both from Russia and from abroad. There are almost no “bad” letters, everyone is empathetic, some people ask for help. I cannot exercise much; there is not enough room and only one hourly walk allowed daily.

Who are your neighbors in jail?

There are different people in jail, everyone has their problems, but so far I have found common language with everyone.

Are you satisfied with the conditions?

Well, it’s a closely confined cell, the conditions are tough. But there are pluses in a high security jail: the cell is 12 square meters, a few neighbors, a refrigerator, a television. The monthly meetings through a glass screen are especially hard. I miss my family — my wife, children, parents. I am very sorry for them. And I miss the sun.

(From MosNews, 31.01.2005)

Free Khodorkovsky! Free Russia!
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