EN Official Journal of the European Union CE 84/745

(2004/C 84 E/0840)

WRITTEN QUESTION E-3980/03

by Olivier Dupuis (NI) to the Commission

(6 January 2004)

Subject: Yukos affair

On 19 June 2003, Mr Pichugin, former head of security at Yukos, was arrested and charged with the attempted murder of Ms Kostina and with arranging the murder of Mr and Mrs Gorin. The Basmannyi Court confirmed his arrest and the Moscow Court confirmed this decision, rejecting Mr Pichugin's lawyers' request for bail at RUB 3 million. The investigators refused to state the reasons why they suspect Mr Pichugin although the murderers have already been sentenced. In view of the repeated infringements committed by the Basmannyi Court, Mr Pichugin's lawyers brought a complaint before the European Court of Human Rights. In July 2003, Mr Lebedev, a major shareholder in Yukos, was arrested and charged with fraud; he is currently in custody awaiting trial. On 26 October 2003, armed FSB agents boarded the aircraft of the Chief Executive of Yukos, Mr Khodorkovsky, and arrested him on charges of fraud and tax evasion. The Russian judiciary has continually violated the constitutional rights and the right to a fair trial of those involved in this affair. The most serious infringements include the failure to respect the role of lawyers and the principle of confidentiality between lawyer and client, the refusal to hold hearings in public, the denial of the right to effective legal assistance, the use of arbitrary imprisonment, torture and illegal searches, and the biased nature of the trial. In addition, 53 % of the shares in Yukos held by Mr Khodorkovsky were confiscated in order to prevent them from being sold, according to the public prosecutor, although they belonged to a group of foreign investors. In total, 61 % of Yukos's shares have been confiscated, stoking fears that Yukos may be dismantled or nationalised. The political nature of this affair shows it to be a further attack on the process of democratisation and an intensification of the repression of freedom of expression in the Russian Federation.

Does the Commission not feel that the behaviour of the Russian judicial and political authorities are incompatible with the rule of law? What initiatives does the Commission intend to propose to Member States and to take itself, within the extent of its powers, to ensure that the Russian authorities respect the principles in force in a constitutional state and, in particular, to guarantee Mr Pichugin, Mr Lebedev and Mr Khodorkovsky the full exercise of their right to defence, the presumption of innocence and all their fundamental rights? More generally, is the Commission not of the opinion that the fundamental rights of the citizens of the Russian Federation, as well as the rights of Russian or foreign investors, are not guaranteed satisfactorily in today's Russia?

Answer given by Mr Patten on behalf of the Commission

(30 April 2004)

The Commission has been closely following recent events in Russia, including the arrest of Mr Khodorkovsky and the seizure of a significant proportion of Yukos shares by the Russian authorities.

The Commission is aware of allegations of the violation of constitutional and due process in this case. It understands that lawyers acting on behalf of Mr Khodorkovsky are currently seeking redress through the Russian legal system and in the European Court of Human Rights. The Commission will follow with great interest the outcome of such legal challenges.

At the Union/Russia Summit on 6 November 2003 and the meeting of the EU/Russia Permanent Partnership Council on 27 April 2004— as well as on the occasion of other political dialogue meetings with the Russian authorities — the Commission has underlined the need for Russia to ensure the fair, nondiscriminatory and proportional application of the law. It has stressed that these principles constitute essential elements of the Union/Russia partnership and that failure to respect them risks undermining the progress made in Russia in the last few years to create a positive environment for the development of trade and investment.