Statement on Verdict in Second Show Trial of Mikhail Khodorkovsky

by Katrina Lantos Swett

Today, as expected, the judge in Mikhail Khodorkovsky’s second show trial returned a “guilty” verdict. This result was pre-determined long ago by forces at the very heart of power in Russia. These forces have been in the driver’s seat of this judicial persecution since the very beginning.

Although the verdict was a foregone conclusion, it has been remarkable to watch the growing embarrassment and discomfort of both the judge and the prosecution as this trial descended into a true theatre of the absurd. The charges are ridiculous, the evidence laughable, and the only one convicted by this “guilty” verdict is Russian justice. Indeed the unprecedented decision of the judge to expel the press from the courtroom during the reading of the verdict is tantamount to an admission of his own sense of guilt and shame at presiding over this kangaroo court.

The rap sheet against Russian rule of law is already long and shameful. It includes a business community that has been blackmailed and intimidated, 150 slain journalists, human rights activists who are routinely harassed and threatened, young men brutalized in the armed forces, and many others.

Mikhail Khodorkovsky loves his country and believed in its future which is why he wanted to use his power and influence to work for a Russia that was fully democratic and modern. A Russia with bona fide political opposition, a truly free press, and a business community that was transparent and socially responsible. He has paid a heavy price for pursuing these goals and he now sits in prison as Russia’s most prominent and outspoken political prisoner.

During my recent visit to Moscow, I met with numerous human rights leaders who spoke of the growing dread and intimidation in their country. They emphasized the importance of governments and groups in the West continuing to shine a bright spotlight on the increasing
authoritarianism and corruption in that country. Pushing a “reset” button on US/Russian relations cannot be an excuse for turning a blind eye to outrages such as the persecution and wrongful conviction of Mikhail Khodorkovsky and many others. If Russia is to be a country that we can trust to abide by its treaty obligations, if it is to be a place where businesses can invest with confidence, if it is to be a country where its young people have hope and optimism for their future, then it must be a country that respects and abides by the rule of law. A good place to begin would be with justice for Mikhail Khodorkovsky.

Katrina Lantos Swett is the Founder and President of the Lantos Foundation for Human Rights and Justice.

Final Trip Update, Moscow - Lantos Foundation

As we come to the end of this trip, we are more sobered and more filled with determination to redouble our efforts in the fight to make respect for human rights and justice a reality.

Yesterday in meetings with William Browder and the lawyers for Mikhail Khodorkovsky, we were forcefully reminded of the most important fact of all - each one of these cases of abuse involves a real human being who faces terrible consequences because they live in a country where the rule of law is missing in action.

William Browder, a passionate, brilliant, and enormously successful British investor is waging an unrelenting campaign to bring some measure of justice to the criminals who were responsible for the false imprisonment, torture, and death of his young Russian lawyer Sergei Magnitsky. Magnitsky brought to light the criminal theft of $230 million dollars by government bureaucrats from the Russian people themselves. He has now paid for his diligent investigations with his life. Mr. Browder, his friend and employer, has vowed that he will do everything in his power to see to it that his friend’s tormentors do not go unpunished. Just yesterday the European Union Parliament passed a tough sanctions bill against 60 high level Russian officials implicated in the Magnitsky murder by an impressive almost 3-1 margin. Let’s hope that the 116 Members who voted to protect the assets and vacation trips of these co-conspirators to murder have a hard time sleeping at night. In the United States Congress, Senator Ben Cardin is spearheading an effort to similarly identify and sanction these Russian officials. He deserves our strong support and our thanks.

Mr. Khodorkovsky’s lawyers spoke not only of their marathon campaign to gain eventual release and justice for Mikhail but also of their sleepless nights worrying over the fate of dozens of additional “hostages” ( their word not ours) that they fear the Russian government will act against. It was chilling and a vivid reminder that the defense of fundamental rights is not a business for cowards.

We are in the season when we celebrate the miracle of lights that shone in the darkness for 8 improbable days and the thrilling message from the herald angels of “peace on earth and goodwill to men.” The brave men and women who we have learned of on this trip are themselves lights that, against all odds, continue to shine in the darkness. May we each in the coming year borrow a small fraction of their courage and conviction to try to build a world where peace and goodwill prevail.

While traveling, we’ve been following both American and international news coverage. Click below to read a speech Senator John McCain delivered Thursday morning on the floor of the United States Senate about the Khodorkovsky case.

http://mccain.senate.gov/public/index.cfm?FuseAction=PressOffice.FloorStatements&ContentRecord_id=f0c2ff65-
ab7e-4d68-b410-bf8f86c377de&Region_id=&Issue_id=

Lantos Foundation statement on the death of Richard Holbrooke

The Lantos Foundation and the extended Lantos family remember with gratitude the life of our friend and Advisory Board member, Richard Holbrooke. Through decades, his nation and the world were privileged to man who was deeply committed to building a more just and free world. This is a task he never tired of devoting himself to and the world is a safer and more decent place thanks to his efforts.

He lent his stature and wisdom to the work of the Lantos Foundation and shared with his friend Tom Lantos an unshakable commitment to human rights and justice is every corner of the world. It is no accident that the Dayton Peace accords, of which he was the primary architect, contained more human rights provisions than any such accord in the history of diplomacy.

In his book about the Dayton Accords, poem, The Buried Life. These lines are an apt tribute to this larger devote his intellect and his “restless force” in pursuit of a better world and a deeper life.

But often in the world’s most crowded streets,
But often in the din of strife,
There rises an unspeakable desire
After the knowledge of our buried life;
A thirst to spend our fire and restless force
In tracking out our true original course;
A longing to inquire
Into the mystery of this heart which beats
So wild, so deep in us-to know
Whence our lives come and where they go

-Matthew Arnold, The Buried Life

The Lantos Foundation and family are full of admiration and appreciation for the life of Richard Holbrooke and we extend our sincere and deep sympathy to his beloved wife Kati Marton.

Update from Moscow, December 14, 2010

We spent the day talking with both Russian and Western media about what we have observed as we have met with human rights defenders on the front lines here in Russia. Click the link below for the Washington Post Article.

http://www.washingtonpost.com/wp-dyn/content/article/2010/12/14/AR2010121404943.html

We also had a very productive meeting with the U.S. Embassy officials, in which we made our position clear that we believe human rights must be an important part of American foreign policy. As the U.S Congress debates the New START Treaty this week it is important for Members to know who they are negotiating with.

We are planning to be at the courthouse all day tomorrow for the reading of the verdict and remain hopeful that we will have good news to report.

Update from Moscow, December 13, 2010 - Katrina Lantos Swett

Today we participated in a roundtable discussion with human rights activists centered on the rule of law and the status of human rights in Russia. We were joined by representatives from Human Rights Watch, The Soldiers’ Rights Foundation, Movement for Human Rights, and The Public Coalition to Protect Moscow as well as journalist and human rights activist Aleksander Podrabinek, actress/activist Tatiana Dogileva, and Lyudmila Alekseyeva, a veteran of the Soviet dissident movement and chair of Russian’s oldest human rights organization, Moscow Helsinki Group. The discussion was moderated by journalist Natella Boltyanskaya of ECHO Moscow, one of the few state-independent news outlets in Russia.

No matter what human rights issue was being discussed, the conversation repeatedly returned to the need for a truly independent judiciary. Inevitably, this brought us to the ongoing farce of justice in the case of Mikhail Khodorkovsky. His trial has become a symbol of political repression and legal injustice in Russia, and the verdict in his second prosecution (some would say persecution) is due on Wednesday. Lyudmila quite correctly stated that if there had been a real trial, with real evidence submitted, Khodorkovsky’s acquittal would be assured. The world has been treated to yet another Russian show trial, and the verdict will not be a just measure of the defendant’s innocence or guilt. It will, however, be a judgment on the Russian judicial system.

Last update from Olso, December 12, 2010 - Katrina Lantos Swett

On our last full day in Oslo we experienced both sobering and exhilarating moments. We visited the Resistance Museum housed in the ancient Oslo Citadel. The Norwegians were attacked by Germany on April 9, 1940 and fought a courageous and unrelenting battle against their occupiers for five long years until their final liberation in 1945. This resistance encompassed almost every part of Norwegian society including students, soldiers, teachers, ministers, journalists, and untold thousands of ordinary men and women - many of whom paid with their lives for their resistance to tyranny. The Resistance was one of Norway’s finest hours, and it was a solemn reminder that while peace is one of humanity’s highest and most noble aspirations, the world faces a jagged path towards its realization. I found myself thinking of President Obama’s speech when he accepted the Peace Prize last year. This young war-time leader said, “Make no mistake: evil does exist in the world. A non-violent movement could not have halted Hitler’s armies.” I left the museum pondering his further observation on the “seemingly irreconcilable truths that war is sometimes necessary…but no matter how justified, war promises human tragedy.” Humanity has not yet found a real answer to this terrible riddle.

Yet the Nobel Concert, the culminating gala of the Prize event, seemed to whisper, sing, and even trumpet that peace, brotherly love, and a world built on respect for every human being are indeed within our grasp. The star studded cast was superb- Anne Hathaway and Denzel
Washington served as the co-hosts, and Anne Hathaway was particularly warm and disarmingly natural. The performers ranged from jazz legend Herbie Hancock and Swedish pop star Robyn to the final performer Barry Manilow. The entire audience of the Oslo Spektrum was on its feet, and there was a palpable joy bubbling up from the crowd. The night concluded with the cast and audience singing Michael Jackson’s “Man in the Mirror.” As we later filed out into the cold streets of Oslo, there was a smile on every face and a desire in every heart to do more in our own lives to bring about peace on earth and goodwill to people everywhere.

Update from Oslo, December 11, 2010 - Katrina Lantos Swett

It is remarkable, over the period of a day and a half, how one can come to feel so close to a man one has never met – a man who is not present and yet whose presence is overwhelming in its impact. Although I have not had the privilege of meeting Liu Xiaobo, I feel that I know him and have surely seen the profound influence for good he has had on the world from his remote jail cell in China. Through his writings and the many tributes and testimonials that have been offered, I have come to know of his deep love for his wife, his spirit of dignity and strength, his love for China, and his belief in the power of freedom and human rights.

While every seat was filled at last night’s banquet, many people commented on the irony that the most important seat was the empty chair at the Prize event where Liu Xiaobo’s diploma and medal were placed in his absence. This empty chair has become a powerful metaphor for the emptiness of China’s claims to respect the human rights of its citizens. I am told that it is no longer possible to Google the words empty chair in China and that the Nobel Committee’s site has gone dark in that country as well. And yet there was a general consensus among the people I spoke with that this Prize could well mark a turning point in the struggle for democracy in that vast and powerful nation.

I had the pleasure of dining next to Geir Lundestad, the Director and Permanent Secretary of the Norwegian Nobel Committee, and he said the committee was amazed at the overwhelmingly positive response to the decision to award the prize to Liu Xiaobo. Norwegians tend to be rather understated, and Geir said that there were rarely, if ever, standing ovations at Prize ceremonies. Yesterday, Xiaobo was given three. It was interesting to hear Geir speak of the pressure from the Chinese Foreign Ministry on the Committee to dissuade them from presenting the award to Xiaobo. One is tempted to ask how they can possibly be so afraid of this one gentle man who speaks of forgiveness and respect and who has firmly proclaimed, “I have no enemies.” The answer is simple and familiar – like all dictatorships throughout history, they are afraid of freedom and the power of free individuals to think, choose, and act of their own accord. They are also afraid of the heroes among us who are willing to sacrifice their freedom, comfort, and privileges to stand up for their principles.

I was so proud last night to be with one such hero – Fang Zheng. Zheng lost both of his legs when a tank rolled over him in Tiananmen Square. He and his compatriots are filled with joy at this Prize which truly belongs to all of them, and they are filled with the hope that this represents a new beginning for China. One of them said to me, “China, if it is free and democratic, can help bring greater peace and prosperity to the whole world.” I don’t think that is an exaggeration, but it needs to begin with China letting one man go free so that his empty chair may be filled.

Update from Oslo, December 10, 2010 - Katrina Lantos Swett

We just returned from the Nobel Peace Prize ceremony, and I am feeling deeply inspired and uplifted. The simplicity and sincerity of this occasion is a powerful antidote to the cynicism that“life” can sometimes engender. The venue was the Oslo City Hall, a beautiful venue that held about 1100 people. Its most notable feature is stunning murals of Norwegian life that are most reminiscent of the murals done by members of the Civilian Conservation Corps during the Great Depression in post offices and other public buildings around America. There were only two speeches at the event – a stroke of genius and compassion in and of itself.

The Chair of the Norwegian Nobel Committee, Thorbjorn Jaglund, gave an excellent speech that clearly articulated the purpose of the prize. He spoke about the essential link between democracy and human rights and the world that was established in the aftermath of World War II and the Holocaust – namely a world based on ideas of international cooperation (the United Nations) and the recognition of universal human rights (the Universal Declaration of Human Rights). He lauded China for its remarkable economic progress that has lifted tens of millions of people out of poverty. He then went on to respectfully but firmly reminded them that their own progress as a great power cannot reach its full potential as long as they continue to deny their own people the fundamental human rights that they have embraced in the Universal Declaration and in their own Constitution.

The incomparable Liv Ullman read Liu Xiaobo’s final statement to the court which he wrote last December just days before he was sentenced to 11 years in prison for writing and speaking on behalf of peaceful democratic reform in China. The statement is titled “I Have No Enemies,” and the most striking thing about it is the spirit of reconciliation, respect, forgiveness, and love that permeates every word. After hearing his words, it was clear to me that he was chosen not only because he is a prominent Chinese dissident but because he has a profound understanding of how to achieve real peace, even in the face of persecution and imprisonment. Because neither Liu Xiaobo nor any member of his family was present, the medal and diploma were placed on an empty chair on the platform. The entire audience rose as one for a sustained standing ovation, and it was clear no one wanted to sit down. The chair may have been empty, but somehow it seemed very full – both of his spirit and the spirit of many other heroes of Tiananmen Square and beyond who are ready to sacrifice themselves for a China that is truly free and can then take its place as a great nation of the world.

Liu's only request to the Nobel Committee was that children sing at the ceremony. The Children’s Chorus of the Norwegian National Opera and Ballet closed the program with a delightful medley of traditional songs and pieces by Norway’s most famous musical son, Edvard Grieg. While the majority were the traditional blue-eyed blond haired Norwegians, it was wonderful to see the diversity represented by the children aged from 5 to 18.

As we emerged from the Hall after greeting many people, including Speaker Nancy Pelosi and Congressmen Chris Smith and David Wu, there were a few snowflakes beginning to fall on the festive streets of Oslo. It was fitting, celebratory, and above all peaceful!

Update from Oslo December 9, 2010 - Katrina Lantos Swett

We arrived in Oslo today on the eve of the Nobel Prize ceremony. At the Grand Hotel which serves as the check-in hub for guests and participants in the Peace Prize event, there is a palpable sense of excitement and anticipation about tomorrow’s ceremony. Upon arriving at the hotel, we almost literally bumped into the actress Anne Hathaway, who is here to co- host the Prize concert on Saturday along with Denzel Washington.

In the early afternoon there was a press conference held by the Chair of the Nobel Prize Committee, with reporters from every corner of the world. Of course the questions centered on China’s efforts to dissuade, some might say bully, other countries into boycotting the Prize ceremony. What a sad commentary on the self-defeating ways in which closed and repressive societies undermine their own best interests. Sadly some 18 countries have succumbed to China’s efforts at intimidation, but it has not seemed to dampen the enthusiasm of the many Chinese attendees. They are inspired, as is the world, by the simple eloquence of Liu Xiaobo when he wrote, “Humans exist not only physically but also spiritually, possessing a moral sense, the core of which is the dignity of being human.” He also wrote, “Freedom of expression is the basis of human rights, the source of humanity and the mother of truth.”

This evening we participated in a reception with the human rights activists who are here as part of the official delegation representing Liu Xiaobo. It is such an honor to be among these remarkable people including many of the heroes of Tiananmen Square. Perhaps the most moving remarks of the evening came from a beautiful young woman whose own father has spent the last 8 years in prison for his activism on behalf of democracy in China. Her father, Wang Bingzhang, gave up a promising medical career to peacefully and publicly work for a free and democratic China. He has paid a heavy price for his courage and patriotism, and his family has paid a price as well. His daughter, named Ti-Anna, in honor of the 1989 demonstrations, broke down in tears as she appealed to the leaders of China to release these prisoners of conscience and“Embrace universal human values and join the mainstream of civilized nations.” (the words of Charter 08- authored by Liu Xiaobo). We were all in tears by the end of her remarks, but not tears of despair- rather tears of determination.

Lantos Foundation sends delegation to Oslo and Moscow on behalf of political prisoners Liu Xiaobo and Mikhail Khodorkovsky

The Lantos Foundation for Human Rights and Justice will send a delegation to the Nobel Peace Prize award ceremony to be held on December 10, 2010 on behalf of this year’s Prize winner, jailed political prisoner Liu Xiaobo.

Dr. Katrina Lantos Swett, president of the Lantos Foundation, will travel to Oslo, Norway with two other representatives from the Lantos Foundation, joining an international delegation that includes US Speaker of the House Nancy Pelosi, Amnesty International and other human rights groups, as well as many Chinese dissidents in exile who are attending in a show of support for Liu Xiaobo.

Liu is serving an 11-year sentence for “inciting subversion” by co-authoring Charter 08, a call for democracy and respect for human rights in China. Since the Nobel Committee made the announcement, Liu Xiaobo’s wife has been under house arrest, isolated from the outside world. China is not allowing anyone associated with Liu to leave the country to attend the ceremony or accept the award on his behalf.

Following the Award ceremony in Oslo, Swett and her delegation will travel to Moscow, Russia for the verdict in the second “show trial” of Russia’s most well known political prisoner, former YUKOS Oil CEO Mikhail Khodorkovsky. Faced with a possible sentence of fourteen more years in prison on new trumped up charges, and having already spent seven years behind bars, Khodorkovsky has become a symbol of the political repression and legal injustice in Russia. Last month in his closing statement he said, "Millions of eyes throughout Russia and the world are watching this trial...they are watching with the hope Russia will still become a country of freedom...where human rights no longer depend on the mood of the czar." Mikhail will learn his fate and perhaps the fate of his country on December 15, 2010.

Liu and Khodorkovsky have become symbols of the struggle for human rights and the rule of law in their respective countries. The Lantos Foundation has been involved with both cases in its ongoing mission to protect and support human rights around the world.

All media wishing to contact Dr. Swett while she is in Oslo or Moscow are asked to contact the Lantos Foundation for Human Rights and Justice at 603-226-3636 or deniseperron@lantosfoundation.org.