Moscow City Court Allows Extension of Arrest Despite Defense Team Appeals
UPDATE: The Moscow City Court has ruled to deny the defense's motion, leaving in place the Khamovchinesky Court's decision. The court's decision, including its yet unexplained reasoning, will be forwarded to Khamovnichesky Court.
"I am not pleased to seek judicial protection in Strasbourg. I want to see it in Moscow," says Mikhail Khodorkovsky in a statement to the Moscow City Court, which is hearing an appeal against the Khamovchinesky Court's decision to hold both him and Platon Lebedev in detention, in spite of changes in the Russian Criminal Code prohibiting the use of detention in cases related to entrepreneurial activity.
Following Mr. Khodorkovsky's statement, Mr. Klyuvgant spoke in support of the appellate petition. First, Mr. Klyuvgant noted that the law actually changed - but the Khamovnichesky Court did not take into account these changes. The Supreme Court Panel explained that there is only one type of entrepreneurial activity in the law - as defined in the Civil Code. So the court believes that nothing changed in this case. So prosecutor Lakhtin explained to the court what the court had to do, and the court did it. Mr. Klyuvgant stressed the reasons prosecutor Lakhtin used - to ensure that Mr. Khodorkovsky does not have access to his family, calling the prosecution's actions a criminal reckoning.
Ms. Liptser supported Mr. Klyuvgant and Mr. Khodorkovsky. She told the court that the defense considers this a violation of the ECHR. Ms. Liptser asked the court to note that because the arrest continues to be illegally extended - Messrs. Khodorkovsky and Lebedev's detention condition is not what the court ordered, adding that they are unable to meet to with their families.
The ECHR protects a person's private life from violations of the law - noting her belief that ECHR law in this case has been violated. The prosecutor stated that the reason they want to prevent Messrs. Khodorkovsky and Lebedev from leaving SIZO is so that they would not be able to meet with the family.
Ms. Liptser explained that she agrees that the law should be observed in Moscow, but if the European Court needs to step in, so be it. She reiterated that Messrs. Khodorkovsky and Lebedev will not go free if the arrest is lifted - what will change is that they will be able to see their family.
Mr. Lakhtin reiterated that Messrs. Khodorkovsky and Lebedev are accused of serious crimes, and reminded about the many persons hiding from Russian law enforcement, being paid from funds that were laundered.
Lakhtin reminded the court that in 2003 Messrs. Khodorkovsky and Lebedev basically "tried to run and hide" from investigators.
According to Mr. Lakhtin being placed under arrest does not violate anyone's right when done so by a decision of the court - citing a decision by Ingodinsky Court in Chita which placed them under arrest and has not been overturned [Essentially re-reading his original filing from the Khamovnichesky Court - Ed.]. The prosecutor keeps returning to the argument that if Messrs. Khodorkovsky and Lebedev were to go free, they would pressure witnesses, as confirmed by Ms. Karaseva and Mr. Golubovich.
All of this is done to discredit the prosecution - but we are right, because all of their specialists have been disqualified.
He asked the panel to keep the defendants under arrest and deny the petition.