Moscow, December 14, 2012 The Arkhangelsk regional court today refused to reduce the sentence of Platon Lebedev, the co-defendant and former business partner of Mikhail Khodorkovsky. This is the second time this year the court has taken such a decision, despite amendments to the Russian criminal code under which Lebedev qualifies for release in 2013 instead of 2016. Two other Yukos prisoners serving long terms were already released in 2012, as a result of the new sentencing rules in effect since 2011.

A lower court in the town of Velsk had announced a decision last month to reduce Lebedev’s sentence, making him eligible for release in July 2013. The prosecution, as expected and as they have done previously, appealed the reduction in the sentence to the higher court in Arkhangelsk. Ignoring the new rules in Lebedev’s case, however, and following a request from the prosecution, the court once again sent the case back down to the Velsk Court for reconsideration.

In this way, the decision regarding whether Lebedev’s sentence is to be reduced has again been delayed, in what could be described as a game of judicial ping-pong, batting the case back and forth between courts. Such tactics have become a standard tool used by Russia’s politicised legal system to obstruct justice, and delay the day an innocent man walks free. Today’s ruling means that the Velsk court will now examine Lebedev’s application for the third time.

Under reformed sentencing rules, both Lebedev and Khodorkovsky could qualify for release in 2013. Over the past several months Lebedev has been battling to have Russian courts recognize his eligibility for a reduced sentence. Khodorkovsky is watching Lebedev’s proceedings closely but has not to date filed an application for a reduced sentence.

Today’s proceedings on Lebedev’s application for early release should not be confused with Lebedev and Khodorkovsky’s ongoing appeal against the December 2010 verdict in their second trial, under which they are serving combined 13-year prison sentences to 2016. On December 20, 2012, the Moscow City Court will conduct a hearing on that appeal, which has itself been subject to obstructions and delays, often unlawfully, for the last two years.

Timeline of Lebedev’s application for a sentencing reduction:

August 2012: Velsk court rules Lebedev is eligible for release in 2013; prosecutors appeal to higher court

September 2012: Arkhangelsk court agrees with prosecutors, sends case back down to Velsk for reconsideration

November 2012: Velsk court reaffirms Lebedev is eligible for release in 2013; prosecutors appeal to higher court

December 2012: Arkhangelsk court agrees with prosecutors, sends case back down to Velsk for reconsideration