Court Extends Khodorkovsky and Lebedev’s Detention Until November 17 Against Defense Objections
In what has become a ritual every three months since the beginning of this trial, Judge Danilkin today ruled in favor of the prosecution's motion to once again extend Khodorkovsky and Lebedev's detention, until November 17. Judge Danilkin read his ruling after recapping the arguments from both sides but ignoring everything related to Section 108 of the CCP. This provision, recently ratified, protects those accused of economic crimes by stating they can no longer be placed under arrest (except under very narrow grounds which do not apply to Khodorkovsky and Lebedev).
Recapping the defense's position on the prosecution's motion on August 13, attorney Vadim Klyuvgant argued: "[The prosecution] has no right whatsoever to even bring before the court the issue of extension of detention for defendants with such charges. That is forbidden by law expressly, explained by the Plenum of the Supreme Court, the loopholes have been closed." Klyuvgant noted that the prosecution, failing to offer even remotely credible arguments, uses falsification, intimidation and torture to get the testimony it wants - citing its treatment of defense witness Stephen Wilson earlier in the week as evidence of this.
Klyuvgant concluded by telling the court that the defense expected Judge Danilkin to terminate Khodorkovsky and Lebedev's arrest, as well as for a report of crime to be forwarded to the Office of the General Prosecutor.
The last time the court extended their detention, Khodorkovsky went on hunger strike to raise awareness of the violations of Section 108 of the CCP.
Speaking to Gazeta.ru after the court's decision, defense lawyer Yuri Schmidt stated: "We are not surprised by this ruling, unlawfulness does not surprise us anymore...by this ruling the West would judge the authority of the Russian government and its judicial system in particular". Speaking to Radio Svoboda, Schmidt reflected on the prosecutors' alleged argument for the extension of detention. He noted that in their petition, the prosecutors said that they "undermined Russia's authority in the eyes of international society...Every monstrous petition that had nothing to do with a law, every court ruling that violates the rights of our defendants goes to international courts... These are the kind of documents and rulings by which the West makes their judgment about the authorities in our country and of our court system in particular."
Defense lawyer Vadim Klyuvgant commented to the Russian media: "It [the request to extend the detention] sounds particularly cynical when it comes from those who falsify documents and try to remove evidence...Judge Danilkin's ruling said nothing about amendments to the Criminal Code that ban the arrests of those entrepreneurs accused of economic crimes. It was clear that the ruling on this case has nothing to do with the law."
Mikhail Khodorkovsky, also commented on the ruling, saying when the lawyers asked the court to turn down the petition: "They [the prosecutors] knew that the accusation is false, however they kept lying to the court. The reason for such an unusual behavior is clear to me. This is the court's vertical structure, in which its order has more power than the law or common sense."