No ultimatums were made and no secret bargaining went on to exchange Khodorkovsky for Russian spies in Germany. Khodorkovsky has been released for purely humanitarian considerations. It was very important that no one knew about that Russian-German latent diplomacy, which was crucial for its success.

       On December 20, President Vladimir Putin signed a pardon for Mikhail Khodorkovsky, who has been in prison for 10 years. In Germany, where the ex-Yukos manager went immediately upon his release, he was welcomed by former Foreign Minister Hans-Dietrich Genscher and Alexander Rahr, Research Director of the German-Russian Forum and a member of the Valdai Discussion Club Advisory Board. In an exclusive interview to the Valdai Club, Mr. Rahr spoke about the special role that Germany played in Khodorkovsky’s pardon, the talks that preceded his release, why Putin made his decision, and how it will influence Russia’s image at home and abroad.

       You have spoken to various media outlets about Germany’s secret diplomacy. What instruments were used? And what was your role?

       I’d rather say that it was successful Russian-German latent diplomacy. As I have told a German media outlet, if we only speak about the success of German diplomacy, this sounds as if one country has won. But the fact is that both countries have won. Former Foreign Minister Hans-Dietrich Genscher, who presided over the German Council on Foreign Relations where I was Russian expert, asked me to help him in his secret mission, and I promised not to tell about it to anyone. He negotiated with Putin, other Russian officials, the German Chancellor’s office, the German Embassy in Russia and many other institutes of power to help to release Khodorkovsky.

       The point at issue was the humanitarian aspect of his pardon, and Mr. Genscher considered different approaches, such as changes to or mitigation of legislation, an amnesty or a pardon. It was this latter option that was chosen. Their talks never ceased. They continued all the time, but they were not always simple and easy, because the process was complicated by major conflicts that took place in German-Russian relations over the past two years.

       But eventually we reached the goal. I know that he is now in good spirits and is satisfied with his work. It was a difficult job. It was very important that no one knew about that Russian-German latent diplomacy, which was crucial for its success. Had the media, journalists or politicians learned about it, the result could have been different.

       Why did Germany do this? And why Germany?

       One of the feature of the EU and Germany’s foreign policy is the focus on values, particularly human rights. Angela Merkel always tries to defend the Dalai Lama when talking with Chinese leaders. She also has asked to release Tymoshenko when talking with Ukrainian authorities. Of course she talked about Khodorkovsky with Putin many times. Germany is in favor of removing such irritants in its relations with China, Ukraine and Russia. Civil society is highly developed in Germany, where human rights activists and organizations, which act from humanitarian rather than politicalconsiderations, play a major role. Germany’s liberally minded civil society sharply criticizes those countries where it believes human rights are violated. Fair or not, the West considers Khodorkovsky to be a political prisoner, especially in the past five years after the second trial. His first trial was seen as a purely economic, and therefore justified, case. But his second trial provoked political protests. It is important for Western politicians, such as Merkel and other European leaders, to take public opinion into account when formulating their policies.

       On the other hand, I’d like to emphasize that no ultimatums were made and no secret bargaining went on to exchange Khodorkovsky for Russian spies in Germany for example. Khodorkovsky has been released for purely humanitarian considerations: his mother is gravely ill, and he needed and wanted to see her, which is why everything happened so rapidly at the final stage. I don’t think you should search for any other deeply hidden motive in that case. Khodorkovsky signed a petition for pardon without admitting guilt.

       Is this the main reason why Vladimir Putin has signed his pardon? Or did he do this, as many claim, to improve the country’s image before the 2014 Sochi Games?

       Of course, it is very important for Vladimir Putin that the Sochi Olympics would become a beautiful occurrence and a major sporting event not only for Russia, but also for the rest of the world. He wants to show that Russia, which was broken down economically and in a state of default 20 years ago, has created an effective economy, social system and has become a country that is capable of hosting the Winter Games. Not every country can do this. This is why Putin wants very much for the games to proceed without a hitch and in the right spirit. He doesn’t need irritants that would damage the spirit of the Games with slogans such as “Free Khodorkovsky,” or “Free Pussy Riot,” or “Free Greenpeace.” He has now removed a few causes for such protests. On the other hand, I believe that there were more serious reasons behind Khodorkovsky’s release.

       First, he is no longer a threat to Putin, because he cannot claim the role of leader of the liberal political movement in Russia, which he could do 10 years ago. New leaders have appeared, such as Navalny, Prokhorov, Ponomaryov and Udaltsov.

       Second, Khodorkovsky can no longer reclaim Rosneft from Sechin or recreate Yukos. Many people thought five, six or seven years ago that something of his old company could be saved, won back by the best Western lawyers in Western courts. But Rosneft has become a fully legalized global oil and gas producing company that cooperates with American, European and Chinese transnational companies.

       Third, Putin has come to see that Khodorkovsky in prison is an irritant in relations with Western businesses. This irritant has now been removed. And fourth, the new German government has sent signals to Putin to reassume strategic dialogue. With release of Khodorkovsky Putin has responded to that signal.

       Do you think this will have a major positive effect on sociopolitical life in Russia?

       Some liberals like Kasparov and Milov may be “angry” because Khodorkovsky’s release abandoned the symbol of their struggle against Putin. Judging by the overall reaction of the Russian civil society, I believe that even Russia’s human rights and public organizations are glad and satisfied with Khodorkovsky’s release. Khodorkovsky has spent 10 years in prison, and there comes a day when it is fare to say, “Enough is enough.” Ten-year sentences are normally given only to hard-core criminals. In the 90’s he played in accordance with existing rules. Other oligarchs, who did the same, are thriving and have increased their capital in Russia. I believe that this is also an aspect why Khodorkovsky had to be pardoned.

       During the most recent meeting of the Valdai Club, Sergei Karaganov presented shocking polls results, according to which 75% of respondents in Russia believe that being wealthy in Russia is a crime, and that all oligarchs must be sent to prison. If this is true Putin had to take this opinion of his society into consideration, when he was negotiating Khodorkovsky’s release with Genscher. By the way, if you read recent comments of Germans in the social network, you will see that release of an oligarch is also being seen in German society as a problem.

       What will Khodorkovsky do now?

       I didn’t compare Khodorkovsky to Solzhenitsyn from the moral point of view. I compared Khodorkovsky’s future life outside Russia with what Solzhenitsyn did in America, where he wrote books of substantiated historical analysis of the state of Russian society. When Solzhenitsyn was expatriated from the USSR in 1974, he went for a short time to Germany, where he lived in the house of Heinrich B？ll, then he moved with his family to Switzerland. In 2014 Khodorkovsky is also moving to that country. The Solzhenitsyn’s scenario was a subject of considerations during the talks for Khodorkovsky’s release.

       Khodorkovsky is no longer seen as a businessman: after spending 10 years in prison and the prison colony, he will hardly be able to resume business quickly. He will take up social policy, he will not fight and not support anti-Putin protesters. He will commit himself to the intellectual work.

       I believe that he will be able to return to Russia, not immediately but in a couple of years. It is possible that he would become a public figure like Soros who created some kind of charity foundation. But I am not his adviser, and I don’t know his real plans.

       While Khodorkovsky was pardoned, an amnesty law was approved in Russia under which members of the Pussy Riot punk rock group and Bolotnaya Square protesters were released. What do you think about that decision?

       I see Russia as a country with strong Christian and Byzantine traditions. Russia can mete out harsh, sometimes exceedingly harsh, punishment to those who violate the law. At the same time, it is a Christian country that knows forgiveness, penitence, pardon and amnesty. I believe that the 20th anniversary of the Russian Constitution was exactly the day when the Russian had to send this signal, designed to strengthen the principles of Russia’s democratic constitution.

       Views expressed are of individual Members and Contributors, rather than the Club's, unless explicitly stated otherwise.