III 

112TH CONGRESS 

1ST SESSION S. RES. 65 

Expressing the sense of the Senate that the conviction by the Government 

of Russia of businessmen Mikhail Khodorkovsky and Platon Lebedev 

constitutes a politically motivated case of selective arrest and prosecution 

that flagrantly undermines the rule of law and independence of the 

judicial system of Russia. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 17, 2011 

Mr. WICKER (for himself, Mr. CARDIN, and Mr. MCCAIN) submitted the following resolution; which was referred to the Committee on Foreign Relations 

RESOLUTION 

Expressing the sense of the Senate that the conviction by 

the Government of Russia of businessmen Mikhail 

Khodorkovsky and Platon Lebedev constitutes a politically motivated case of selective arrest and prosecution 

that flagrantly undermines the rule of law and independence of the judicial system of Russia. 

Whereas it has been the long-held position of the United 

States to support the development of democracy, rule of 

law, judicial independence, freedom, and respect for 

human rights in the Russian Federation; 

Whereas, on April 1, 2009, President Barack Obama and 

President of Russia Dmitry Medvedev issued a joint 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•SRES 65 IS 

statement affirming that ‘‘[i]n our relations with each 

other, we also seek to be guided by the rule of law, respect for fundamental freedoms and human rights, and 

tolerance for different views’’; 

Whereas President Medvedev publicly stated that ‘‘Russia is 

a country of legal nihilism’’ and that ‘‘no European country can boast such a universal disregard for the rule of 

law’’ and declared his ‘‘main objective is to achieve independence for the judicial system’’ through ‘‘significant, 

maybe even radical changes’’; 

Whereas two prominent cases of ‘‘universal disregard for the 

rule of law’’ in Russia involve the president of the Yukos 

Oil Company, Mikhail Khodorkovsky, and his partner, 

Platon Lebedev, who were first convicted and sentenced 

in May 2005 to serve nine years in a remote penal camp 

for charges of tax evasion; 

Whereas it is believed that Mr. Khodorkovsky was selectively 

targeted for prosecution because he supported and financed opposition political parties, among other reasons; 

Whereas authorities in Russia subsequently expropriated 

Yukos assets and assigned ownership to a state company 

that is chaired by an official in the Kremlin; 

Whereas courts around the world have described the Yukos 

proceedings as impartial and have rejected motions from 

prosecutors in Russia seeking extradition of Yukos officials or materials; 

Whereas, on February 5, 2007, prosecutors in Russia suspiciously brought new charges against Mr. Khodorkovsky 

and Mr. Lebedev on the eve of their eligibility for parole, 

accusing them of embezzling the entire Yukos oil production for 6 years (1998 through 2003); 


smartinez on DSKB9S0YB1PROD with BILLS
3 

•SRES 65 IS 

Whereas, on December 16, 2010, and just days before judge 

Viktor Danilkin’s verdict, Prime Minister Vladimir Putin 

publicly called Mr. Khodorkovsky a ‘‘thief’’ who must ‘‘sit 

in jail,’’ and stated that ‘‘we should presume that Mr. 

Khodorkovsky’s crimes have been proven in court’’; 

Whereas, on December 27, 2010, Mikhail Khodorkovsky and 

Platon Lebedev were convicted of embezzlement charges 

and sentenced to six additional years in prison; 

Whereas the United States Department of State’s 2009 

Country Report on Human Rights Practices in Russia reported that ‘‘the arrest, conviction, and subsequent treatment of Khodorkovsky raised concerns about due process 

and the rule of law, including the independence of 

courts’’ and that Khodorkovsky was ‘‘selectively targeted 

for prosecution because of his political activities and as 

a warning to other oligarchs against involvement in political or civil society issues’’; 

Whereas, following the 2010 conviction, the editorial boards 

of the New York Times, Washington Post, and Wall 

Street Journal stated respectively that the ‘‘latest prosecution suggests that Russia’s judiciary is still under Mr. 

Putin’s thumb and Mr. Medvedev’s talk of reform is just 

talk,’’ ‘‘Russia remains the country of Mr. Putin,’’ and 

‘‘the Kremlin again chose to flout the rule of law, the political opposition and human rights’’; 

Whereas the Senate has consistently voiced concern about the 

impartial treatment of Mr. Khodorkovsky and Mr. 

Lebedev at the hands of the Government of Russia; 

Whereas, on December 9, 2003, the Senate unanimously 

passed S. Res. 258 (108th Congress), calling on the authorities in Russia to ‘‘dispel growing international conVerDate Mar 15 2010 03:47 Feb 18, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\SR65.IS SR65

smartinez on DSKB9S0YB1PROD with BILLS
4 

•SRES 65 IS 

cerns that the cases against Mikhail B. Khodorkovsky 

and other business leaders are politically motivated’’; and 

Whereas, on November 18, 2005, the Senate unanimously 

passed S. Res. 322 (109th Congress), expressing the 

sense that ‘‘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’’: Now, therefore, be it 

1 Resolved, That it is the sense of the Senate that— 

2 (1) in cases dealing with perceived threats to 

3 authorities, the judiciary of Russia is frequently 

4 used as an instrument of the Kremlin and is not 

5 truly independent or fair; 

6 (2) Mikhail Khodorkovsky and Platon Lebedev 

7 are political prisoners who have been denied basic 

8 due process rights under international law; 

9 (3) in light of the record of selective prosecu10 tion, politicization, and abuse of process involved in 

11 their cases, and as a demonstration of Russia’s com12 mitment to the rule of law, democracy, and human 

13 rights, the 2010 conviction issued by authorities in 

14 Russia against Mr. Khodorkovsky and Mr. Lebedev 

15 should be overturned; and 

16 (4) the Government of Russia is encouraged to 

17 take these actions to uphold the rule of law, demo18 cratic principles, and human rights to further a 

19 more positive relationship between the Governments 


smartinez on DSKB9S0YB1PROD with BILLS
5 

•SRES 65 IS 

1 and people of the United States and Russia in a new 

2 era of mutual cooperation. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS