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Mikhail Khodorkovsky Seeks Early Release
Yesterday the lawyers of YUKOS’ ex-head Mikhail Khodorkovsky petitioned for an early conditional release of their client. Regardless of the fact that Mr Khodorkovsky hasn’t acknowledged himself guilty and hasn’t paid off the damage, which, in the view of the prosecution and the court, he inflicted, the defense reckons that the petition will be allowed referring to President Dmitry Medvedev’s stance in the first place. But even if the court passes a judgement about convict Khodorkovsky’s release, he’ll stay in his cell in the city of Chita because he’s been arrested for another criminal case.
Mikhail Khodorkovsky got the right to an early conditional release (ECR) late October last year. In 2005 Mikhail Khodorkovsky was sentenced to eight years in prison for swindle and tax evasion, and, according to Article 175 of the Penal Code of the Russian Federation, after serving half the sentence, which also embraces his detention during the investigation and court process, he is eligible to petition for an ECR. Mr Khodorkovsky’s lawyer Yury Shmidt reported that yesterday a petition was filed in the Ingodinsky court of Chita on behalf of Mr Khodorkovsky’s defense. Obviously, Mr Khodorkovsky refused to petition himself because of the position ex-head of the MENATEP group Platon Lebedev took. He has recently stated that he won’t use the right to both ECR and pardon. Mr Lebedev hopes that the European Court of Human Rights (ECtHR) will return a verdict that the investigation and court of his case were carried out with irregularities, and basing on this, it’ll be possible to reconsider his case in Russia due to new details discovered.
“It’s nothing of humiliation, it’s a routine judicial procedure, the majority of convicts file petitions of that sort, and more than half of the petitions are allowed,” Yury Shmidt pointed out. It need be reminded that several penalties were inflicted on Mikhail Khodorkovsky in prison, but all of them were later canceled, except for the only one (convict Khodorkovsky allegedly didn’t follow a command to hold hands behind his back). The defense preferred not to appeal that decision separately and it intends to settle the matter during the consideration of the ECR petition.
Yesterday Mikhail Khodorkovsky stated via a press-release that he has deserved an ECR because “he has served more than half the sentence, working conscientiously in the colony, and he has done his best to pay off the tax arrears he was charged with (according to the verdict, 17.3 bln roubles of YUKOS unpaid taxes were exacted from Mikhail Khodorkovsky and Platon Lebedev – Kommersant); he has also undeviatingly followed the law’s requirements and the regulations in the colony.” “Non-recognition of a verdict’s justice and willingness to appeal it are not legal grounds for denying a convict an ECR,” ex-head of YUKOS stressed.
Article 175 of the Penal Code of the Russian Federation reads that when a petition for ECR is filed, the convict’s repentance and awarding damage fully or partly are taken into account. However, Mikhail Khodorkovsky’s lawyer Vadim Klyuvgant explained to Kommersant that it’s not a provision of the Penal Code that is absolutely necessary to fulfil, rather, it’s merely a list of the factors taken into consideration by the court. “Besides, in 2004-2005 the Constitutional Court stated in some of its definitions that none of the factors mentioned in Article 175 of the Penal Code are decisive and determinative,” Mr Klyuvgant said. “As to the essence of the matter, it need be added that the arrears exacted form Mikhail Khodorkovsky and Platon Lebedev were earlier exacted from YUKOS several times, and later cleared off at the expense of sequestration.”
It’s true that courts release convicts without their confessing themselves guilty and awarding damages. It was the case in 2005 as Georgy Oleynik, ex-chief of the budget and finance department of the Russian Defense Ministry, was early released (the official served his sentence for exceeding his commission, which inflicted $60 mln of damages on the defense department).
Now within a ten-day period since the day of filing the petition the administration of the prison in Chita (where Mikhail Khodorkovsky is now because of investigation of another case) and perhaps the colony, too (if the court passes a corresponding judgement) must present Mikhail Khodorkovsky’s characteristic file in the Ingodinsky court. In practice an ECR petition is allowed if the convict is characterized in a positive way, that is he/she doesn’t have any penalties imposed by the administration of the colony. Also, the administration has the right to present an appeal to replace the rest of the sentence with a milder form of punishment (for example, moving the convict to a special settlement).
Chief of the Federal Service of Administering Punishments (FSAP) in the Chita region Yunus Amaev said that Mikhail Khodorkovsky must first “deserve” an ECR. “To achieve it, people work, behave well, do not violate regulations, recover the losses inflicted on the state and individuals. There is no other way.”
The press-service of the FSAP specified that Mikhail Khodorkovsky has the right to an ECR, just like any other convict. “We cannot give any commentary now, we can do nothing but wait for the court’s decision,” the press-service stated, “We can only prepare all necessary documents giving a characteristic of a convict. But even if the characteristic is negative, it’s possible that the convict will be released early. It’s the court that passes a judgement, no one else has the right to decide on the matter.”
Even if Mikhail Khodorkovsky manages to receive the ECR, he won’t be set free immediately. He’s under arrest in the prison of Chita because of another criminal case, where he and MENATEP ex-head Platon Lebedev are accused of laundering 450 bln roubles and $7.5 from 1998 to 2004. Lawyer Vadim Klyugvant underscored that seeking an ECR is a matter of principle. “As to the arrest, we’re struggling separately with it,” he added.
In his turn, lawyer Yury Shmidt didn’t rule out a possibility of petitioning for a pardon. He doesn’t see anything humiliating in it. “Khodorkovsky wouldn’t have turned to Putin whatever the circumstances,” Yury Shmidt said, “As to Medvedev, we haven’t discussed it yet. But it’s not Dmitry Medvedev that sentenced him (Khodorkovsky – Kommersant) and made YUKOS bankrupt. He might have no claims to him.” By the way, appealing to court this time the defense has been encouraged by President Medvedev’s stance.
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Vladimir Putin and Dmitry Medvedev about Mikhail Khodorkovsky’s fate
Vladimir Putin
“Yes, there are provisions that allow reducing a sentence, for example amnesty. But these are the things that must be applied in the framework of the law. Necessary preconditions for it must emerge.” (July 12, 2006, interview with France’s TF1)
“Now, coming to the question of people sentenced in previous years for crimes such as corruption or crimes against the person, and you mentioned one such case, the decision to grant an amnesty is one of the powers of the head of state – the President of the Russian Federation.” (March 8, 2008, press-conference in Novo-Ogaryovo)
“It’s a decision he (Dmitry Medvedev – Kommersant) should make himself, but anyway at the time I was President and now the head of state must be guided by the Russian law. If it allows to do it, we won’t impede it. Everything depends on a concrete situation, on the character of these procedures stipulated by the law.” (May 31, 2008, interview with France’s Le Monde)
Dmitry Medvedev
“As to the procedures themselves, they do exist and should be observed in strict accordance with our rules. There is a procedure for pardoning someone, to which any citizen convicted of a crime (including Khodorkovsky) can resort, as well as other procedures that exist in regard to criminal law enforcement. But such issues cannot be resolved in discussions at the intergovernmental level or by decisions taken by politicians.” (June 5, 2008, press-conference in Berlin)
“All the procedures connected to one criminal case or another – including the Khodorkovsky case – should be and can be realized exclusively on the basis of the law – and not on the basis of the opinions of one respected person or another, or of high placed officials, all the more so of foreign courts.” (March 24, 2008, interview with Britain’s Financial Times)
Marina Lepina
All the Article in Russian as of July 17, 2008
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