Doc. 11424

8 October 2007

Right to a fair trial for Yukos executives

Motion for a resolution

presented by Mrs BECK and others

1.       The Parliamentary Assembly, referring to its Resolution 1418 (2005), is aware of the infringements of the rule of law in connection with the charges against, provisional custody and trial of former Yukos CEO Mikhail Khodorkovsky, Yukos shareholder Platon Lebedev and Yukos Security Official Alexei Pichugin; in particular:

–       it views the circumstances of the charges and trial of the former Yukos executives as inconsistent with the commitments entered into by the Russian Federation vis-à-vis the Council of Europe;

–       it observes infringements of the right to a fair trial, as guaranteed in Article 6 of the European Convention on Human Rights;

–       it believes that the circumstances of the provisional custody and trial of the former Yukos executives suggest a state interest which, in these cases, went beyond mere prosecution of crimes and was intended to weaken a political opponent who had spoken out in public, to intimidate other well-off people and regain control over strategic industries.

2.       The Parliamentary Assembly is concerned that the circumstances of the renewed charges against and trial of Mikhail Khordokovsky and Platon Lebedev will also not be consistent with the rule of law and the European Convention on Human Rights and suggest a state interest going beyond the simple prosecution of crimes and indeed, with the goal of preventing the early release of the accused in autumn 2007, in order to prevent Mr Khordokovsky becoming involved in the election campaigns for the parliamentary elections in December 2007 and the presidential elections in 2008 and to allow access to the remaining assets of the Yukos concern.

3.       The Parliamentary Assembly resolves to observe the trial against Mikhail Khordokovsky and Platon Lebedev closely and to judge its fairness with reference to the relevant passages of the European Convention on Human Rights.

Signed (see overleaf)

Signed¹:

BECK Marieluise, Germany, SOC

ADAM Ulrich, Germany, EPP/CD

HAIBACH Holger, Germany, EPP/CD

HEYNEMANN Bernd, Germany, EPP/CD

HÖFER Gerd, Germany, SOC

JACQUES Kateřina, Czech Republic, ALDE

LINDBLAD Göran, Sweden, EPP/CD

LINTNER Eduard, Germany, EPP/CD

LOTMAN Aleksei, Estonia, UEL

PFLUG Johannes, Germany, SOC

SBURNY Michaela, Austria, SOC

STEENBLOCK Rainder, Germany, SOC

WODARG Wolfgang, Germany, SOC

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      ALDE: Alliance of Liberals and Democrats for Europe

      EDG: European Democratic Group

      UEL: Group of the Unified European Left

      NR: not registered in a group