European Court of Human Rights:

First Khodorkovsky-Lebedev Trial Fundamentally Unfair;

Russia Must Redress Violations;

Lawyers Call for Immediate Release of Khodorkovsky & Lebedev

Strasbourg, 25 July 2013 – Today, the European Court of Human Rights published its long delayed judgment with respect to Mikhail Khodorkovsky’s and Platon Lebedev’s application concerning their first trial, which occurred from 2004 to 2005, and their subsequent imprisonment in Siberia. The ECtHR found multiple serious violations of their fundamental rights which the Russian Federation must now redress. In particular, the judgment found, in paragraph 737, that the trial was fundamentally unfair in breach of Article 6 of the convention, in that that there was unfair taking and examination of evidence by the trial court and breaches of lawyer-client confidentiality.

The Court also found breaches of Article 8 of the Convention on account of the sending of Khodorkovsky and Lebedev to Siberia to serve their sentences. It also found breaches of Article 1 of Protocol 1, in that the damages in favour of the Russian tax service were arbitrary. The Court criticised the direct attempt to intimidate the lawyers working on the case in the European Court.

Mikhail Khodorkovsky’s lawyer, Karinna Moskalenko commented: “We welcome that the European Court judgment found numerous violations of Mikhail Borisovich’s rights during his trial,” speaking with Mr Lebedev’s lawyer, Ms Elena Liptser. “The Court’s finding is of huge significance: Khodorkovsky and Lebedev did not receive a fair trial.  The Court was damning in its criticism of the way the trial and the appeal were conducted.  The Court also said that it was unlawful for the authorities to send each of them to serve their sentences in the far flung reaches of Siberia.” Ms Moskalenko added that, “the unfairness in the proceedings was so great that the required redress under Russian law is to quash the convictions and release the two men at long last, and without further delay.”

ECHR: CASE OF KHODORKOVSKIY AND LEBEDEV v. RUSSIA by mbkcenter