Lack of Rule of Law in Russia

LACK OF RULE OF LAW IN RUSSIA -- (House of Representatives - July 19, 2004)

The SPEAKER pro tempore. Pursuant to the order of the House of January 20, 2004, the gentleman from California (Mr. Lantos) is recognized during morning hour debates for 5 minutes.

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Mr. DOGGETT. Mr. Speaker, the Khodorkovsky/Lebedev trial resumed on Monday last week before a three judge panel in Moscow. Since the last hearing three weeks ago, the physical appearance of the court was much improved: the courtroom had been air conditioned and the halls outside had been refurbished and painted.

Appearances are important, but substance is critical.

Respect for the rule of law in Russia is essential for the same reason it is essential in every democratic society-citizens, the press, and the business community must have confidence that the legal system affords them protection of their rights and that everyone is treated equally under that law.

In Russia there is a pattern of troubling signs that the rule of law and a free press are threatened. I know a number of my House colleagues share these concerns. Members of the Congressional Human Rights Caucus, the Helsinki Commission, and the Russia Democracy Caucus are just some of those who have expressed their misgivings.

One high profile example of concern is the seizure of the assets of Russia's largest oil company, YUKOS, and the trial of two of YUKOS's largest stockholders, Mikhail Khodorkovsky and Platon Lebedev.

Many Russian and Western observers view the Russian Government seizure of the assets of YUKOS as a result of political motivations.

Here are just a few recent statements on these events:

On July 7, the Washington Post quoted a senior level U.S. diplomat as saying "there are increasing signs that destruction of the company is the intended endpoint," and that it appears likely that a "sizeable percentage of the company's assets will move into the hands of the state."

On July 7, the Organization for Economic Cooperation and Development (OECD) called the YUKOS affair "a case of highly selective law enforcement" and a case that reveals how "the courts are often subservient to the executive, while the security services, prosecutors and police remain highly politicized."

What is now occurring in Russia has significant human, political, and economic consequences. Justice, freedom, and human rights are all directly tied to the rule of law, open and accountable government, and a free press, which are increasingly absent in Russia.

There are several disturbing trends that demonstrate problems with the rule of law in Russia.

The general prosecutor and courts cannot be merely an extension of the political will and agenda of the Kremlin. In his visit to Moscow earlier this year, Secretary of State Colin Powell was unambiguous in his concern over the rule of law in Russia, saying "Russia's democratic system seems not yet to have found the essential balance among the executive, legislative and judicial branches of government. Political power is not yet fully tethered to the law."

Furthermore, the selective and arbitrary use of judiciary power by the Kremlin undermines the rule of law.

Mikhail Khodorkovsky, as many observers have noted, shows how a businessman has been singled out for prosecution because his political activities are not appreciated.

Journalist German Galkin was thrown into jail and prosecuted for revealing the corrupt behavior of local government officials. His appeal was denied and he was only freed under the weight of international pressure.

Aleksandr Nikitin is a former submarine officer and nuclear safety inspector who was pursued relentlessly through the courts by the Russian security service in retaliation for his outspokenness about radioactive contamination by the Russian military. These rulings bear out what prominent legal experts have been saying about the flawed legal system in Russia.

More recent events in Russia threaten a free press, an essential element of any strong democracy.

We do not know who murdered Paul Klebnikov, the editor in chief of Forbes Russia, who was writing the truth about Russia's dark underside, but the government must insist on a thorough, open, and full investigation of his killers. As one observer noted in the New York Times, "Twenty journalists have now been assassinated in Russia for their work; 14 since Mr. Putin became president. Not one of the murders has been solved."

A crackdown of media freedom has resulted in all major TV networks under state control. The last independent TV station disappeared last summer. TV is the number one way Russians get their news.

If Russia continues down this path, she will never fully become the peaceful and democratic nation that the Russian people and the international community desire. It is essential that Russia undertake a sincere effort to reform its judicial system and establish the highest degree of credibility for the rule of law and free press, which are essential for a prosperous and peaceful Russia.