European Court of Human Rights: Khodorkovsky Case

Baroness Williams of Crosby Excerpts

Tuesday 23rd July 2013 Lords Chamber

[Lord Hylton]

My Lords, I thank the noble Lord, Lord Trimble, for raising this matter tonight. After the end of the Soviet Union, I had a long involvement in Russia with both churches and organisations for disadvantaged children and young people. In the course of this, I met Mr Khodorkovsky when he was a free man visiting London. I was impressed by him and by his efforts to make Yukos Oil a normal, responsible and transparent internationally quoted company. I also admired the work of the Open Russia Foundation that he started, which sought to make the young Russian generation full participants in a globalised world.

I agree that Mr Khodorkovsky may have breached an informal agreement with his Government by taking a position in politics. However, it is worth noting that he returned voluntarily to Russia in 2003 when he could have stayed abroad and joined other exiled oligarchs. He went back to prove his innocence, and in solidarity with his partner, Mr Platon Lebedev, who had by then been arrested. In the same year, the then chairman of the Russian President’s advisory commission on the judiciary said of the trial:

“There are more features of political games here than of justice”.

It is also true that his legal counsel was harassed and wrongly called as a witness. In 2007, the European Court of Human Rights found that Mr Lebedev’s trial had violated international law, and in 2011 it awarded damages to both men. Have these damages yet been paid?

The fate of Yukos Oil was also most unsatisfactory. Its assets were compulsorily sold for less than full value to semi-state companies such as Gazprom and Rosneft. It is likely that the treatment was a breach of the Energy Charter Treaty 1994, to which Russia was a party. The fact that Russia got away with this behaviour led naturally to BP’s bad experience in its joint venture with TNK, and to Shell’s serious problems over Sakhalin Island.

I turn to the second trial, which took place over 21 months in 2009-10 and led to a prison sentence of 13 and a half years. It is highly relevant that it was criticised by Russian institutions as well as by the International Bar Association and Amnesty International. More important critics were our Foreign Secretary and the noble Baroness, Lady Ashton, on behalf of the EU. A further point is that the location of Mr Khodorkovsky’s imprisonment may have violated Russia’s criminal executorial code, which states that convicted persons should be held in their home region and not sent to Siberia. The implications for visits from their family and others are obvious.

A wise former British ambassador to Russia commented on the case in 2009. He wrote that our two countries had many common interests and that it was unwise to expect a rapid Russian evolution to the full rule of law and democracy, but that nevertheless Her Majesty’s Government should stand by the European Convention on Human Rights and Russia’s other international obligations, and should make clear their abhorrence of Russian behaviour in the Litvinenko case, over Abkhazia and South Ossetia and over the cyberattack on Estonia.

In the light of this advice and of this debate, what is the Government’s response? Will they press the European Court of Human Rights in Strasbourg to bring forward consideration of pending applications by Khodorkovsky and Lebedev? This, along with a strong British response, could prevent the holding of a third trial of the two men. It could also lend some protection to Mr Alexei Navalny, who has already been mentioned in the debate. He is a Russian anti-corruption lawyer and opposition leader who faces a five-year sentence. I urge the Government to take up this matter very strongly and not to let it fade away.

[Baroness Williams of Crosby]

My Lords—

--- Later in debate ---

[Baroness Williams of Crosby]

My Lords, I apologise to the noble Lord, Lord Bates; I had not realised that he was there waiting to speak. I join in his congratulations to the noble Lord, Lord Trimble, not only on embarking on this debate but on giving us an extremely concise and excellent description of the whole of the Khodorkovsky case. He did it in a brilliant way.

I am rather like the noble Lord, Lord Hylton: I know Mr Khodorkovsky to some extent. I have come across him when I have spoken or been lecturing at various higher education institutions in Moscow and in other parts of Russia. What I can say about him is that he is an extremely direct man. He is not very good at the more gracious elements of the language, but he cannot stop himself from speaking out honestly about the things that concern him, the things that he thinks are wrong. He is also a man of that rather rare Russian characteristic, an almost crazy kind of courage. One can say to him and to other Russian dissidents that perhaps it is unwise to speak out, that it may be foolish to fall out with the authorities, but they are almost unable to be stopped, in many ways. They have the kind of almost crazy kind of courage that one associates with the work of Dostoevsky or Chekhov. It is still there.

That brings me to what the noble Lord, Lord Judd, said. Alongside the long list of terrible misjudgments, unfairnesses and abuses, about which my noble friends Lord Trimble and Lord Alderdice have already spoken, it is also true of Russia that there is always an amazing new harvest of attempts to get freedom going again. NGOs spring up like grass in the spring. New parties spring up all over the place; they die and come back again. What is very striking about Russia—and one can see it slowly moving on—is the level of growing commitment among young Russians to something resembling not so much the rule of law as the rule of liberty, and their willingness to put themselves at risk in order to achieve it.

The noble Lord, Lord Hylton, spoke about the efforts that Mr Khodorkovsky had made to try to deal with the plight of disadvantaged and abandoned children, for example. He supported them financially in a courageous and not at all prejudiced way. It does not seem to have done him any good, but there is no doubt that he went out of his way to spend money for that purpose. He also went out of his way to spend money on educating young Russians, and has been willing to take part in quite risky episodes of opposition. One that I might refer to involved Pussy Riot, which has been mentioned. In prison, Mr Khodorkovsky suddenly made public statements about his support for them, which seemed to many of us a rather extraordinary thing to do.

What can we do about it? There is a real prospect of a new generation in Russia which is much more open to democracy than the present one. Yet it sees itself as having a President who talks the language of the old Tsars, because they were brilliant at imprisoning almost everybody. That was their favourite way of silencing opposition and Mr Putin seems to be following in that tradition.

There are three points to make. One was implied by my noble friend Lord Bates. He is quite right to ask whether there might not be reactions in the market to attempts to stop, for example, innovation and technical and other relationships with other countries. That is something that we have not explored sufficiently and is something that Mr Putin would understand; perhaps much better than a great many other fine moral statements about freedom, which all of us share but which appear to cut little ice with the Russian President.

The second area, which is extremely important, is where we can exercise influence through the many other links we have with Russia: educational, musical, artistic and so forth. The third area—which I shall be quite blunt about—is something that we as a country might want to consider rather more carefully: which Russians we allow to come and rest in our country and which Russians we might find not fully acceptable. There is something that, in a way, grinds on one’s mind when we allow such a string of Russian oligarchs with dodgy pasts in terms of their behaviour in the economic world by seizing Russia’s resources and exploiting them, then to come to Britain where they will be protected by the police in order to pursue obscure rows with one another, which are then dealt with in the British courts. There is something odd about the fact that it is not Russian dissidents, asylum seekers and courageous, outspoken men and women who come to this country, but increasingly people who come here almost entirely because of the assets they hold and the money they have. We will often find that those seeking asylum are likely to be turned back.

I once again praise my noble friend Lord Trimble and thank him for bringing this debate before us. I also thank my noble friend Lord Alderdice for what he had to say. It was important to speak about the long string of Russian crimes, sentences and misjudgments, and to say loud and clear that we need to exercise over a much wider range than we have so far sought to do, steps that will make it very difficult for Russians to continue to do what they are doing with Khodorkovsky.

I end by saying what my noble friend Lord Trimble has talked about: for example, exploring money-laundering practices, washing and cleaning out money which has come by dubious methods. This is something that we should explore. The OECD has just mounted new action in this field. Perhaps that is something that we should look at, which might speak more loudly to President Putin than most of the statements we might make—even in the most oratorically splendid ways—in this House and elsewhere.