YUKOS Claim Against Russia to Be Heard by European Court of Human Rights
A Statement By Mikhail Khodorkovsky and Platon Lebedev's Defense Team
We get many questions from the media regarding the upcoming hearing of the YUKOS claim in the European Court Of Human Rights. We would like to clarity the following:
Neither our defendants nor we are a party to this court litigation. Therefore, we believe it would not be ethical for us to comment on the positions of the parties at least until they have been officially presented in court and the court has pronounced its ruling. This is also the reason why we believe it would not be appropriate for us to predict a possible court ruling or its implications.
We are happy with any position that the Russian Federation takes in the part that acknowledges the fact that YUKOS received a taxable profit from the sale of oil. Such position would fully exonerate our defendants in the accusation against them of stealing this oil.
Defense Team For Mikhail Khodorkovsky and Platon Lebedev.
About the ECtHR Hearing
The European Court of Human Rights' hearing on the case of YUKOS Oil Company v. Russian Federation will take place in Strasbourg on 4 March 2010, beginning at 09:00 (Central European Time). It will probably last about four hours.
It is unlikely that there will be a verdict on the day, but this will be the first time in more than 6 years of litigation that representatives of both sides will make their arguments face-to-face. The European Court of Human Rights (ECtHR) is an independent judicial body under the auspices of the Council of Europe, which has 47 member states, including the Russian Federation.
To get to this point - a hearing on the merits of the case - the ECtHR had to have declared most of Yukos's complaints ‘admissible', which it does in less than 5% of the applications it receives.
In its news release of the 25 February 2010 the European Court of Human Rights stated:
"The application was lodged with the Court on 23 April 2004 and was declared partly admissible on 29 January 2009.
Relying on Article 6 (right to a fair hearing) of the European Convention on Human Rights, the applicant company complains of irregularities in the proceedings concerning its tax liability for the 2000 tax year. Under Article 1 of Protocol No. 1 (protection of property) to the Convention, taken alone and in conjunction with Articles 1 (obligation to respect human rights), 13 (right to an effective remedy), 14 (prohibition of discrimination) and 18 (limitation on use of restrictions on rights), it complains about the unlawfulness and proportionality of the 2000-2003 tax assessments and their subsequent enforcement, including the forced sale of OAO Yuganskneftegaz. Lastly, relying on Article 7 (no punishment without law), it alleges that the proceedings for payment of the taxes due for the years 2000-2003 lacked a proper legal basis and resulted in selective and arbitrary prosecutions and in imposition of a double punishment. Under Article 41 (just satisfaction)"
Spaces in the courtroom are available on a first-come-first-served basis. Media wishing to attend in person should contact Stefano Piedimonte of the ECtHR at Stefano.Piedimonte@echr.coe.int
Yukos will hold a press conference for journalists following the hearing at about 14:00 (Central European Time) at a location to be announced later. The following individuals will be made available via conference call for comment:
- Steven Theede, Former Chief Executive Officer
- Bruce Misamore, Former Chief Financial Officer
- Yuri Beilin, Former Deputy Chief Executive Officer (who will also conduct interviews in Russian)
Telephone numbers for the conference call will be announced before the hearing.
Background information on the case is available at: www.yukos-echr-claim.com
This portal is a comprehensive source of information about the case and includes:
- Summary: The Start, Success and Fall of Yukos
- The Expropriation Process: Spurious Tax Demands
- The Paralysis and Destruction of Yukos
- Claim in the European Court of Human Rights
For more information contact:
Claire Davidson
Mob. +44 (0) 7767 351 433
cdavidson@gardantcommunications.com
Read more about the hearing on the YUKOS claimants' website >>