«Corriere della Sera» has found a new defence lawyer for Mikhail Khodorkovsky. It's Silvio Berluskoni.

Franco Venturini, «Corriere della Sera», 07.05.2008

In the next days, once Berlusconi has taken up his position in Palazzo Chigi, the seat of the prime minister, he will be in an optimal position to start with his foreign policy: He will have the opportunity to ask Dimitrij Medvedev, President of Russia from today, to free Mikhail Khodorkovsky. For the past five years, the former oligarch Khodorkovsky has been locked up in work camps as well as in prisons in Siberia. As president of Yukos Oil, he was the richest man of Russia.

But his ambitions, based on his wealth, led him in 2003 to cross the Rubicon set by Vladimir Putin. For the political establishment it was unacceptable for foreign investors, in particular US-investors, to take a stake in Yukos without consulting the Kremlin. Khodorkovsky’s financial support for small opposition parties as well as his personal involvement in the not yet liberalized media sector could not remain without any consequence.

What followed was the arrest, expropriation and the division of Yukos. However, two different aspects are crucial. First, and well-known, is the strong friendship between Putin and Berlusconi which matured during the time Berlusconi’s centre right coalition was in power. This was also evidenced by the fact that immediately after the Italian elections Putin visited Berlusconi in Sardinia. The second aspect, and less well-known, regards a press conference with Putin and Angela Merkel held in Moscow in March. A journalist asked the Russian president whether he would consider pardoning Khodorkovsky in line with rumors in Moscow. Putin answered without hesitation that this were for his successor to decide.

The Kodorkovsky affair could be seen as an embarrassment for the Kremlin, but it appears Putin does not want to go against his own decision. Medvedev, Putin’s favorite successor, could make a difference to the future of the oil magnate turned prisoner. Who could be in a better position than Berlusconi to address Medvedev knowing that he cannot go against his friend Putin?

It is clear that we cannot expect any grand gesture from the elected Italian prime minster since it would be counterproductive in view of a Russia which is more nationalist and assertive of her sovereignty. Even more so, the Russian state prosecutors, having accused Khodorkovsky of tax evasion and fraud in the 1990s (but many wealthy Russians could be imprisoned based on the same grounds), come up with new accusations every time Khodorkovsky is drawing nearer a conditional release from prison.

In order to change Khodorkovsky’s destiny, political will is required as well as a sign of reconciliation. In addition, Dimitrij Medvedev, one of the closest to Putin, is a lawyer that knows the distortions of the Russian legal systems. He publicly stated that, as president, he would work on the reestablishment of the rule of law. This appears to create some room for manoeuvre, especially since he personally made this statement before swearing the oath today. The Russian economy grows at 6 % annually and it can count, in view also of high oil and gas prices, on monetary reserves amounting to the third highest in the world. However, Putin and Medvedev agree on the necessity to diversify the sources of the economic wealth and to start a gigantic infrastructure programme. In order to reach this goal, they need to attract a lot of foreign investment. For foreign investors the rule of law is of prime importance. Leaving Khodorkovsky in prison would make it difficult to state that Russia is abiding by the rule of law.

Therefore, Mr. designated Prime Minister, please try. Given that you called yourself “Putin’s lawyer” once, one would expect you to be also “Khodorkovsky’s lawyer” now.