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SEPARATE LINKStatements Regarding the Invalidity of the First Khodorkovsky Trial

Resolution 1418 (2005) adopted on January 25, 2005 by the Parliamentary Assembly of the

Council of Europe ( 9, 14):

9. The Assembly notes that the circumstances surrounding the arrest and

prosecution of the leading Yukos executives strongly suggest that they are a clearcase of non-conformity with the rule of law and that these executives were - in

violation of the principle of equality before the law - arbitrarily singled out by theauthorities.

14. [t]he Assembly considers that the circumstances of the arrest that the andprosecution of leading Yukos executives suggest that the interest of states action

in these cases goes beyond the mere pursuit of criminal justice, and includeselements such as the weakening of an outspoken political opponent, the

intimidation of other wealthy individuals and the regaining of control of strategiceconomic assets.

The US Senate Resolution 322 of November 18, 2005:

(1) The criminal justice system in Russia has not accorded Mikhail

Khodorkovsky and Platon Lebedev fair, transparent, and impartial treatmentunder the laws of the Russian Federation;

(2) the standing and status of the Russian Federation among the democraticnations of the world would be greatly enhanced if the authorities of the Russian

Federation were to take the necessary actions to dispel widespread concerns that--

(A) the criminal cases against Mr. Khodorkovsky, Mr. Lebedev, and their

associated are politically motivated;

(B) the transfer of Mr. Khodorkovsky and Mr. Lebedev to prison camps

thousands of kilometers from their homes and families represents a violation ofthe norms and practices of Russia law.

Department of State January 2006 Country Report on Human Rights Practices in Russia:

Ongoing legal actions against Yukos, its former CEO Mikhail Khodorkovsky,

and other company officials raise serious concerns about the RussianGovernments commitment to promote transparency and rule of law and its

willingness to ensure that legal cases are judged fairly and in accordance with due process. The timing of [Khodorkovskys] arrest following his political

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activism and negotiations with Western energy companies to possibly sell Yukosassets, suggest his arrest and trial were politically motivated.

Amnesty International, Russian Federation: On the conviction of Mikhail Khodorkovsky andPlaton Lebedev, May 31, 2005:

Amnesty International believes that the concerns in [the cases of MikhailKhodorkovsky and Platon Lebedev] are indicative of wider problems in the

criminal justice system in the Russian Federation relating to the independence ofthe judiciary; access to effective legal counsel; conditions of detention; and the

use of torture and ill-treatment in order to extract confessions. There is awidespread perception among the defendants lawyers, many Russian human

rights organizations and other analysis that the prosecutions were politicallymotivated. Whether or not charges are politically motivated, the right to a fair

trial and the right to be free from cruel, inhuman and degrading treatment andpunishment are basic human rights and Amnesty International calls on states to

respect these rights in all cases without discrimination.

Human Rights Watch letter to the European Union dated March 19, 2004:

Selective Use of Justice: Over the past four years, the Russian government has repeatedlylaunched criminal investigations against perceived opponents, such as Vladimir Gusinsky, Boris

Berezovsky, Akhmed Zakaev, Mikhail Khodorkovsky and others. In each of these cases, thetiming of the investigation appeared linked to the Kremlins political agenda, even though the

alleged crimes in most cases had been committed years ago and could have been investigatedmuch earlier. Also, these prosecutions singled out a select group of individuals, while others

who engaged in activities similar to this group, but who did not stand in the way of the Kremlinspolitical agenda, were not targeted.