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Sergei Karpukhin / Reuters
Yukos lawyer Albert Mkrtychev and Dmitry Gololobov, deputy head
of Yukos' legal department, at Monday's news conference |
Weighing in on the Yukos affair, presidential economic adviser Andrei Illarionov
came out Monday on the side of big business and issued the gravest warning
yet of the dangers of undoing the privatization deals of the mid-1990s.
"If we start now to revisit privatization, it will not be easy
to stop this
process, and it is not inconceivable that such action will lead to a new
civil war," Illarionov said on Ekho Moskvy radio.
"It is not difficult to open a Pandora's box, but it will be very
difficult
to shut it," he said.
Big business is worried that the attack on Yukos, which began with the
July
2 arrest of Yukos shareholder Platon Lebedev on charges of theft of state
property in a 1994 privatization, indicates an intention by at least some
within the Kremlin to re-examine the results of other long-ago
privatizations and challenge property rights.
During a Kremlin meeting Friday with State Duma faction leaders, some
Cabinet members and the head of the Russian Union of Industrialists and
Entrepreneurs, or RSPP, the main lobbying group for the oligarchs,
President Vladimir Putin gave little indication of where he stood on the
growing investigations against the owners of Yukos.
RSPP head Arkady Volsky handed Putin a letter from the oligarchs' group
asking him to defuse the attack on Yukos.
Boris Nemtsov, the leader of the Union of Right Forces, said after the
meeting that he was worried by Putin's silence on privatization.
On Monday, Putin told Cabinet ministers they need to respond to the
concerns expressed at Friday's meeting, but publicly at least he continued
to sit on the fence.
"I consider it necessary to react to the concerns that were voiced
by some
of the participants of the meeting, including by representatives of the
business community. We will talk about it separately," Putin said
in
televised remarks at the start of the Cabinet meeting.
Economic Development and Trade Minister German Gref already has spoken
out,
saying more than once that there are no plans in the government or in
the
president's team to revisit privatizations.
Illarionov, who is known for speaking his own mind without necessarily
reflecting Putin's views, said Monday that in his opinion it would be
best
to decide on a date before which privatizations deals would not be
revisited. He said it would be better to start afresh, with everyone held
in accordance with the law from that point on.
"It is because either you have to review all the deals, which will
just
lead us to a national catastrophe and this is no exaggeration, or if you
don't review all the deals, then it is an example of a selective approach,
of double standards," he said in the radio interview.
Lilia Shevtsova, a political analyst with the Carnegie Moscow Center
who
has written a book on Putin's presidency, said it is not Putin's style
to
immediately make a decision.
"I believe that at some point Putin will deal with the situation.
But the
case is an important sign that determines the limits that the regime is
putting on big business: not only not to interfere, but not to think about
alternative rules of the game," Shevtsova said by telephone Monday.
"[Yukos CEO Mikhail] Khodorkovsky is the only oligarch who has
very
consistently begun not to think about what the president is doing and
has
started to think about alternative rules of the game."
Shevtsova said the Yukos case was being watched closely in the West.
"It is
a sign as to whether there will be a redistribution of property and to
what
extent the court system, the prosecutors are instruments of the Kremlin
and
not independent. It's a litmus test."
Yukos' lawyers on Monday accused the Prosecutor General's Office of
acting
illegally during its 17-hour search of the company's archives Friday.
"We consider this an escalation of illegal pressure on the company,"
Dmitry
Gololobov, deputy head of Yukos' legal department, told journalists.
While the search warrant that was flashed to Yukos' lawyers appeared
to say
that investigators were looking for documents related to the case against
Lebedev, they seemed intent on looking into the activities and equipment
of
Yukos' security department, he said.
On Monday, the prosecutor's office said guns and eavesdropping and
surveillance equipment were found during the search. This was confirmed
by
Yukos lawyer Albert Mkrtychev, who appeared with Gololobov at a news
conference, but he said the guns were imitations used for training.
In confiscating the guns, however, investigators listed them simply
as
Makarov pistols, and Mkrtychev said he was worried they would appear in
the
investigation records as real guns.
Illegal weapons possession is one of the simplest charges to bring against
a suspect, and convictions can result in prison terms.
Gololobov said Yukos' security service is fully licensed and in compliance
with the law.
He also said that 20 to 30 videotapes were seized during the search,
but
investigators did not record the content of the tapes. "And what
will
happen now if scenes of mass murder turn out to be on the tapes,"
Gololobov
asked, hinting at possible evidence falsification by investigators.
The Prosecutor General's Office said the search was conducted in accordance
with the law.
"It has to be noted that investigators never wear masks and do
not break in
toting guns," spokesman Vasily Glushchenko said in televised remarks.
Yukos' lawyers, however, said company guards were told to lie face down
on
the ground when investigators arrived Friday. And photographs of the raid
show the investigators were accompanied by armed men in masks.
The Yukos lawyers said that they would file a legal complaint alleging
procedural violations during the search.
They got some support from State Duma Deputy Alexei Melnikov, a member
of
the Yabloko party, who forwarded two inquiries to the prosecutor's office
Monday questioning the legality of Friday's search.
The Prosecutor General's Office said Monday that it was looking into
another request from a Duma deputy to investigate allegations of tax
evasion by Yukos.
The letter from Communist Deputy Nikolai Daikhes alleged that a tax
evasion
case against Yukos was illegally closed by the Tax Police in the Urals
Federal District. This is the second appeal to prosecutors from a Duma
deputy alleging tax evasion by Yukos.
The Prosecutor General's Office also said Monday that its staff has
confiscated a number of documents from Apatit, the fertilizer plant at
the
core of the case against Lebedev.
The documents, which were handed over voluntarily by Apatit management,
include information on shareholders and finances, Interfax reported, citing
an unnamed source.
Sergei Mironov, the head of the Federation Council, said Monday there
was
no need to put Lebedev in prison. "Lebedev is not a murderer who
is
dangerous to society. ... There is no need to jail a person since it is
not
clear whether the person will be convicted after all," he said, Interfax
reported.
Mironov also said that Lebedev's case is damaging Russia's image and
economy.
To illustrate his point that the Prosecutor General's Office was taking
a
selective approach in investigating Yukos shareholders and searching Yukos
offices, Illarionov did not miss a chance to take a dig at his favorite
villain, Unified Energy Systems CEO Anatoly Chubais.
In the past two weeks, Yukos' capitalization has dropped 20 percent
for a
loss of $5.5 billion as a result of the actions by the Prosecutor General's
Office, he said.
"But we have another example with UES management, whose activities
led to
the share price dropping 60 percent and losses amounting to $11 billion,"
Illarionov said.
Whereas the damage to Yukos has affected only private shareholders,
the
losses at UES also have hurt the state, which has a controlling stake
in
the electricity monopoly, Illarionov said. He put the state's losses at
about $6 billion.
"But the Prosecutor General's Office did not take any action and
there is
no ongoing investigation into it," he said.
UES spokesman Andrei Trapeznikov said Illarionov's comments "did
not
correspond with reality" and accused him of misinforming the investment
community, Interfax reported
See also:
the original at
www.themoscowtimes.com
YUKOS Case
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