Mr. Speaker, an undeniable tenant of any democracy is the rule of law. Sadly, this is not the case in Russia today. That country's legal system is taking on the appearance of Czarist Russia and the Soviet Union, when the legal system and…
Mr. Speaker, an undeniable tenant of any democracy is the rule of law. Sadly, this is not the case in Russia today. That country's legal system is taking on the appearance of Czarist Russia and the Soviet Union, when the legal system and courts were merely instruments of the State. This past year, we have witnessed a series of arbitrary and discriminatory actions, directed by the Kremlin, against select individuals and companies, that are politically motivated and lacking in legal merit, according reputable human rights groups and widely reported in the Western press.
The most notable case is the YUKOS Oil Company, one of Russia's early privatized companies, known for its Western management style and global outlook, that today is under siege by a government clearly intent on destroying or taking control of Russia's largest oil producer. The chairman of YUKOS, Mikhail Khodorkovsky, was arrested and indefinitely detained on charges that are murky and, again, appear to be of a political nature rather than criminal intent.
Our colleagues on the Senate side last year unanimously approved S. Res. 258, which stated, in part, ``the law enforcement and judicial authorities of the Russian Federation should ensure that Mr. Mikhail B. Khodorkovsky is accorded the full measure of his rights under the Russian Constitution to defend himself against any and all charges that may be brought against him, in a fair and transparent process, so that individual justice may be done. . . .''
Mr. Speaker, the U.S. Senate spoke out one year ago, and since then the Russian government has levied an $18 billion tax bill on YUKOS, far beyond its earnings, which is apparently intended to pave the way for a government take over of one of the world's largest oil companies. Mr. Khodorkovsky is confined to a cage on his daily trips to the courtroom, where he is denied the customary rights of a defendant and indeed is facing a verdict that may well be pre-ordained by the Kremlin.
Mr. Speaker, I also call to the attention of my colleagues another example of Russia's crude application of a legal system that denies, rather than protects the rights of the accused and clearly violates the norms and standards of decency and respect for human rights.
Mr. Alexei Pichugin, a former white collar security officer for the YUKOS Company, is currently on trial in Moscow on charges, so it is alleged, of murder. This is another case that is being closely monitored by human rights groups and others because of the bizarre series of actions by prosecutors who appear to be using the formal charges to pressure Mr. Pichugin to testify against his former bosses at YUKOS.
I do not presume to know the guilt or innocence of Mr. Pichugin; that is for a properly conducted court trial and unbiased jury to determine. But I am troubled, as are many of my colleagues, about the politicizing of Russia's legal system and the denial of a just and fair trial because the court itself is not truly independent.
Indeed, the Council of Europe's rapporteur, Sabine Leutheusser- Schnarrenberger, has called the allegations reguarding Mr. Pichugin's mistreatment ``very serious.'' She notes: ``I cannot myself help worrying about the possibly illicit investigative methods and pressures that Mr. Pichugin could be subjected to at a prison that remains withdrawn from the normal supervisory procedures by the Ministry of Justice.''
Just yesterday, the Parliamentary Assembly of the Council of Europe PACE released a report pointing out that Russian authorities continue to violate the principle of equality before the law, based on legal analysis of the facts surrounding the arrests and prosecutions of former YUKOS executives Mikhail Khodorkovsky, Alexei Pichugin and Platon Lebedev.
While the trial of Alexi Pichugin is being conducted in secrecy, the evidence of abuse by the prosecutors and court handling the matter has been widely reported in the press. I, therefore, urge the Administration to refocus its attention on the deterioration of the rule of law in Russia. It would be very unfortunate if while we were striving to establish a democracy in Iraq, one broke down completely in the Russian Federation.