Robert R. Amsterdam [international defense counsel to Mikhail Khodorkovsky]: "In the ongoing case of the Russian government's persecution of my client Mikhail Khodorkovsky, two historical precedents have recently been set: one in Switzerland, and one in the Russian Federation. In the case of Khodorkovsky vs. the Swiss Federal Public Prosecutor's Office, the Federal Tribunal in August issued a decision which, for the first time in that nation's history apart from extradition requests, determined that Switzerland was not going to render mutual legal assistance to another state because of human rights violations and the "discriminatory and political nature" of proceedings against a defendant. The defense takes the view that this landmark decision underscores the illegality of the continuing incarceration and persecution of Khodorkovsky, Platon Lebedev, and other Yukos-related defendants.

The Swiss decision also specifically cited the ongoing incarceration of Khodorkovsky in far away Siberia as a key inference with respect to the politically motivated conduct of the Russian Federation. It was exceptionally clear it was unlawful and that there was no justification for the Russian authorities to place these defendants in virtual exile. The decision stated: "This choice of a detention location, without any objective justification, cannot be understood otherwise than as a means of isolation."

We would further underscore that Switzerland was in full possession of the fabricated new charges when it rendered this decision, and reasoned its refusal to cooperate in the investigation partly due to Russia's "scattered and evasive" responses to questions.

In discussions this evening with my colleague on the defense team, Yuri Schmidt, concerning the latest proceedings in Russia, he asked that I alert American readers to the fact that since last April, the government has been obligated under Russian law to move Mikhail Khodorkovsky to Moscow. This legal responsibility has so far not been carried out by Russian authorities. Mr. Schmidt, one of Russia's most respected and senior counsels, stated that in his view, this conduct by the prosecutors was unprecedented in both Soviet and Russian history. He stated bluntly that "the procuracy is placing itself higher than the courts."

These developments in both Switzerland and in Russia continue to call attention to the necessity of urgent political action concerning the fate of Yukos-related defendants."