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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 322 Agreed to Senate (ATS)]

109th CONGRESS
  1st Session
S. RES. 322

   Expressing the sense of the Senate on the trial, sentencing, and 
        imprisonment of Mikhail Khodorkovsky and Platon Lebedev.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2005

   Mr. Biden (for himself, Mr. McCain, and Mr. Obama) submitted the 
        following resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
   Expressing the sense of the Senate on the trial, sentencing, and 
        imprisonment of Mikhail Khodorkovsky and Platon Lebedev.

Whereas the United States supports the development of democracy, civil society, 
        and the rule of law in the Russian Federation;
Whereas the rule of law and the guarantee of equal justice under the law are 
        fundamental attributes of democratic societies;
Whereas the trial, sentencing, and imprisonment of Mikhail Khodorkovsky and 
        Platon Lebedev have raised troubling questions about the impartiality 
        and integrity of the judicial system in Russia;
Whereas the Department of State 2004 Country Report on Human Rights Practices in 
        Russia stated that the arrest of Mr. Khodorkovsky was ``widely believed 
        to have been prompted, at least in part, by the considerable financial 
        support he provided to opposition groups;''
Whereas Secretary of State Condoleezza Rice has remarked that the arrest of Mr. 
        Khodorkovsky and the dismantling of his company have ``raised 
        significant concerns'' about the independence of the judiciary in 
        Russia;
Whereas the independent non-governmental organization Freedom House has asserted 
        that the conviction of Mr. Khodorkovsky ``underscores the serious 
        erosion of the rule of law and growing intolerance for political dissent 
        in Russia'';
Whereas upon concluding an investigation of the facts surrounding the case of 
        Mr. Khodorkovsky and Mr. Lebedev, the Human Rights Committee of the 
        Parliamentary Assembly of the Council of Europe determined that the two 
        men were ``arbitrarily singled out'' by the Russia authorities, 
        violating the principle of equality before the law;
Whereas in May 2005, a Moscow court sentenced Mr. Khodorkovsky to serve 9 years 
        in prison;
Whereas Article 73 of the Russian Criminal Penitentiary Code stipulates that 
        except under extraordinary circumstances, prisoners serve their terms of 
        deprivation of liberty on the territory of subjects of the Russian 
        Federation where they reside or were convicted;
Whereas on or about October 16, 2005, Mr. Khodorkovsky was sent to prison camp 
        YG 14/10 in the Chita Region of Siberia;
Whereas on or about October 16, 2005, Mr. Lebedev was sent to penal camp number 
        98/3 in the arctic region of Yamal-Nenets;
Whereas the transfer of Mr. Khodorkovsky and Mr. Lebedev constitutes an apparent 
        violation of Russia law and hearkens back to the worst practices and 
        excesses of the Soviet era;
Whereas a broad coalition of human rights advocates and intellectuals in Russia 
        have appealed to Vladimir Lukin, the Human Rights Commissioner of the 
        Russian Federation, to investigate and rectify any abuse of Russia law 
        associated with the transfer of Mr. Khodorkovsky and Mr. Lebedev; and
Whereas the selective disregard for the rule of law by officials of the Russian 
        Federation further undermines the standing and status of the Russian 
        Federation among the democratic nations of the world: Now, therefore, be 
        it
    Resolved, That it is the sense of the Senate that--
            (1) the criminal justice system in Russia has not accorded 
        Mikhail Khodorkovsky and Platon Lebedev fair, transparent, and 
        impartial treatment under the laws of the Russian Federation;
            (2) the standing and status of the Russian Federation among 
        the democratic nations 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 associates 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 of the 
                norms and practices of Russia law; and
                    (C) in cases dealing with perceived political 
                threats to the authorities, the judiciary of Russia is 
                an instrument of the Kremlin and such judiciary is not 
                truly independent; and
            (3) notwithstanding any other disposition of the cases of 
        Mr. Khodorkovsky and Mr. Lebedev, and without prejudice to 
        further disposition of same, Mr. Khodorkovsky and Mr. Lebedev 
        should be transferred to penal facilities with locations that 
        are consonant with the norms and general practices of Russia 
        law.
                                 <all>
```