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RIA Novosti / Grigoriy Sysoev 30.05.2011, 10:32 5 comments

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European court rules out political motives in Khodorkovsky case

Published: 31 May, 2011, 05:05
Edited: 31 May, 2011, 20:14

Yukos oil company chief executive officer Mikhail Khodorkovsky stands behind a glass wall at a courtroom in Moscow (AFP Photo / Alexey Sazonov)

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TAGS: Crime, Russia, Politics, Europe, Human rights, Law, Alice Hibbert, Tesa Arcilla, Khodorkovsky


The European Court of Human Rights has rejected the notion that the case against Mikhail Khodorkovsky was politically motivated. However, the court decided that Khodorkovsky’s arrest in 2003 and his custody were carried out with serious violations.

Russia will appeal the European Court's resolution on Khodorkovsky's rights violations during his arrest in the first case if it finds grounds for such an appeal, said Russia’s envoy to the European Court Georgy Matyushkin.

The court’s decision said that, although the Khodorkovsky case might have raised certain suspicions about the real intentions of the Russian authorities in his prosecution, the claim about the political motivation of the criminal prosecution required irrefutable evidence that was not submitted.

The court also ruled that Russian authorities should pay 10,000 euros to Khodorovsky, and 14,500 euros in legal costs.

Khodorkovsky announced he is going to donate the money received as part of the court’s decision to charity.

The European Court had registered four claims from Khodorkovsky, but so far it examined only the first one, submitted seven years ago.

Meanwhile, on Monday, former Yukos head Mikhail Khodorkovsky and his former business partner Platon Lebedev appealed for early parole after serving more than half of their sentences.

On Tuesday afternoon the appeal was lodged with a Moscow court. Court officials say that although there are no hearing deadlines, the parole petitions will be examined within a reasonable period of time. However, according to the law the appeal may be considered no earlier than in two weeks’ time.

Khodorkovsky’s application was posted on the website of his and Lebedev’s lawyers. “The articles under which I have been convicted provide for this possibility once half the sentence has been completed,” says the text of the appeal. “I’ve served over seven-and-a-half years out of 13 given. I do not acknowledge my guilt, since I am continuing to dispute the court's verdict."

Khodorkovsky’s lawyer, Yury Shmidt, explained that by law his client has the right to ask for early release based on two grounds: Khodorkovsky has served half of his sentence, and he has had no disciplinary penalties.

Under the law, these two circumstances are enough for the court to grant early parole for the convict,” stated Shmidt.

However, Shmidt also noted that during Khodorkovsky first motion for parole, the prosecution brought in a large number of witnesses and dragged out the process.

Last week, the Moscow Сity Сourt reduced Khodorkovsky’s sentence by one year. The revised second verdict, which will see Khodorkovsky and Lebedev walk free in 2016 instead of 2017, would see them having served a total of 13 years in prison upon their release.

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Juan Carlos (Mexico) June 01, 2011, 06:29
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Two days ago I've watching the mainstream media Deustche Welle andits comments about this affair  are very ambiguous, inducing to neophytes or novices to think that Russian System is an authoritarian regime (one again a communist devil). I like its documentaries because of  its imparciality but its mainstream news is an american and english crap like CNN and BBC. For the other hand, What is the advantage to belong to UN or EU?. That they decide what's the best for your country?. Russian foreign policies are VERY VERY BAD.    

Tany May 31, 2011, 17:24
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Everyone knows Khodorkovsky ordered the murder of many people in Russia that opposed him. Even the conversation was caught on tape as well as the hitman confessing. Back in the wild west 90's that is how people did business.

YUKOS's former head of security, Pichugin, killed people who were hindering the interests of the YUKOS empire.

Pichugin was sentenced to 24 years in prison in 2006 for carrying out murders, including the 1998 killing of Valentina Korneyeva, who owned a building in central Moscow that a YUKOS holding firm, MENATEP, wanted to buy. Prosecutors said Petukhov, who had fallen out with YUKOS and was demanding tax payments to the local budget, was shot dead on June 26.

Problems is that Khodorkovsky had his dirty hands in all of this. I love it when you hear someone not familiar with doing business in Russia comment on how this is always Putin's fault. Khodorkovsky is guilty of more then just this tax evasion and you will see the rest of the dirt coming out when they need to play those cards.

John Linn May 31, 2011, 17:17
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If European Court of Human Rights has rejected the notion of Mikhail Khodorkovsky then Mr. Khodorkovsky is really, really dirty man, and should not be paroled for the rest of his life, because he did not plead guilty and course too much trouble for everybody, including European Court of Human Rights itself.  End of story.