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Presidential council urges review of second Khodorkovsy case

Published: 21 December, 2011, 17:33

Mikhail Khodorkovsky  (AFP Photo / Alexey Sazonov)

Mikhail Khodorkovsky (AFP Photo / Alexey Sazonov)

TAGS: Crime, Russia, Politics, Human rights, Law, Khodorkovsky


Russia's Presidential Council on human rights has suggested that the Investigative Committee consider reviewing the second case against ex Yukos CEO Mikhail Khodorkovsky and Platon Lebedev.

"It is necessary to recommend that the prosecutor general files a supervisory motion against the sentence on this issue, which has come into legal force, for its annulment," said the Council for Civil Society Development and Human Rights, as cited by Interfax.

In addition, the body suggested that the Investigative Committee consider launching proceedings on the grounds of newly-discovered circumstances, and also explore reasons for revising this case “in light of fundamental violations during its investigation, which indicate a court error.”

On Wednesday, the council presented a report made in the wake of the human rights watchdog's probe into the criminal case against the two jailed businessmen. The initiative which launched the expert examination was put forward by President Dmitry Medvedev back in February this year, at a meeting with the council.

Experts discovered that over 600 pages out of the 700-page verdict on the second case against Yukos were copied from the guilty verdict on the first criminal case against the former oil giant.

According to the presidential council, Russian criminal law provides no grounds for the actions ofKhodorkovsky and Lebedev cited in the second case to be defined as a crime.

"The actions of the convicts constitute neither appropriation, nor misuse of funds," Council member Tamara Morshchakova said at the body's meeting. "This is yet another fiction that our justice system has succeeded in.”

Morshchakova – a former judge of Russia's Constitutional Court – said that the criminal prosecution of the two businessmen ran counter to international standards for such actions. There were violations at all stages of the second trial. The very launching of the case was illegal and the presumption of innocence was violated as no arguments presented by the defense were considered.

The analysts also stated that Yukos had not underestimated oil prices in its contracts.

“Experts discussed the prices indicated in the contracts as one of the key issues, since one of the important components of the indictment was the premise that the price in these contracts was undervalued, which term is not known to economics," Morshchakova pointed out. According to analysts, contracts signed between oil-producing and oil-processing companies absolutely met all legal standards.

The council underlined in its report that the working group examining the case refrained from offering any political judgment.

“The council invited a group of prominent Russian scientists, and also foreign experts, including from the USA, Germany and the Netherlands,” the head of the watchdog, Mikhail Fedotov told Itar-Tass earlier.

The document- which consists of three volumes containing a total of 427 pages – will be submitted to the president.

In December 2010, former oil tycoon Khodorkovsky and his business partner, former Menatep head Lebedev were found guilty of embezzlement and money laundering in a second case against them. Both were sentenced to 13-and-a-half years behind bars. The new sentence was concurrent with the first one, which means that they were to remain behind bars until 2017. In May 2011, Moscow City Court ruled that the prison term for Khodorkovsky and Lebedev should be reduced by one year and the convicts should remain behind bars until 2016 instead.

The presidential council also urged an amnesty for people convicted of economic crimes. Experts believe the move would help to promote Russia's economic well-being as well as restoring people's trust in the courts and law enforcement agencies. Under the law, all decisions on free pardons are made by the lower house, the State Duma, and do not require presidential approval.

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sj (unregistered) January 05, 2012, 17:01
+1

Khodorkovsy,[who murdered his competitors in cold blood, had two sets of company books.Clearly showed he was selling oil from Yukos to a Shell [non existent company]. Obama has contused to pressure Medvedev to release Khodorkovsy. Murder is murder to Putin.Jail time.But, his release would prove to US Congress, public[ he thinks] that he is great  leader via new "US-RF Regime Change" in law to start with first! Allowing proven financial criminal-murder - Khodorkovsy,[who murdered his competitors in cold blood, had two sets of company books that clearly showed he was selling oil from Yukos to a Shell [non nonexistent company]. Obama has continued to pressure Medvedev to release Khodorkovs RF,Oligarch for US Oligarchs demand. "US-RF Regime Change" in law.Allowing proven financial criminal-murder released for Obama,friend in foreign country [USA]. Medvedev initiated "review of Khodorkovsy case for Obama.--Obama is STILL putting US military bases, personnel, weapons on RF borders! Medvedev's best friend Obama has an odd way of showing his infinity for RF President Medvedev with all those USA weapons surrounding RF-citizens.--  US State Department Clinton-Russian NGO Golass emails showing Clinton  paying NGO Golass anti-Kremlin,United Russia [Putin's party] complaints of voter fraud for 'fake' complaints of voter fraud AGAIN Medvedev "under sever pressure" by Obama's lobbing"rolled back" rules for NGO's that Putin put in place after Russian NGO had gone to USA, Poland, back to RF with $10,000 USD cash in her suitcase. Found on her returned,didn't declare it when going through customs like everyone does!

Fred December 23, 2011, 11:34
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Khordorovsky was caught in an airport trying to run off after he and his friends, Berezovsky & company robbed the Russian people clean ,The West, USA,and Isreal continues to pressure a weak Medvedev to let Khordovsky go, yet the USA put Madoff, an 80+ year old in jail for life for a Ponzi scheme...Why? because most of his victims were rich Jews...yet Khordovsky a traitor and a conspirator with Berzovsky and the Jewish Mafia should be set free? I say Zionist money has reached the Presidential Council; Is Russia heading to be the second state of Israel, the US being the first....I hope not for the sake of the world!!!

New World Order December 22, 2011, 00:39
+1 (1 votes)

XMEN Do you mean turning Russian streets into killing fields like in Libya? Or Egypt? Or if it were not for Russia Syria can also be turned into fields of smoke, death and destruction where flowers and life will be replaced with daisy cutters and cluster bombs? It is funny that in 2003 the oldest Iraq library and the museum were both looted and only two days ago most important library in Cairo went up in smoke! There seems lot of spring talks often points to smoke, ashes, blood stains and destruction. The Russians know the forces of Armageddon have their sights on Russia’s vast natural resources. Russia needs to keep these forces of death and destruction at pay. The Russians must safeguard not only the security of their country and people but also the cultural sites and resources.