Supreme Court Confirms Probe into Complaints by Khodorkovsky and Lebedev

July 31, 2012

The defence lawyers for Khodorkovsky and Lebedev received official confirmation that their supervisory complaints together with the criminal case will be passed over to the Moscow City Court Presidium for an oversight inquiry into the sentences handed down to their defendants.
The date for the hearings of the complaint is yet to be set by the Moscow City Court.
“Supreme Court Chairman Vyacheslav Lebedev examined the complaints from Khodorkovsky and Lebedev, annulled a Supreme Court judge’s decision to reject them, and started an oversight inquiry,” Supreme Court spokesman Pavel Odintsov told the media.

Mikhail khodorkovsky22’s lawer Vadim Kluvgant comments: “The essence of the Supreme Court Chairman’s decree, which has a slight undertone of his own position, which differs from the well known position of the courts – “everything is legal and reasoned” – is amounted to two short paragraphs on the page 7. Its meaning, as far as it can be understood, consists of the following:
– If the two judgements (by Meschansky court in 2005 and by Khamovnichesky court in 2010) are describing the same actions performed by the same people and companies, then you cannot just dismiss the defence’s argument (and the argument of the entire world, keeping an eye on the case) that the second judgement is the same as the first one.
-The rest of the defence’s arguments, including the argument that the law improving the position of prisoners cannot be ignored, also must be reviewed by the court.
Taking into the account the scale of lawlessness and senselessness of the previous court decisions on this case, I must pay a tribute to Vyacheslav Mikhailovich Lebedev, at least for a modest attempt to return common sense back to the jurisdiction entrusted to him (or at least having the vision of common sense – this will become clear in the near future).
However, I must repeat: this modest attempt could be easily wiped out by the other (I’m certain unlawful and lacking of common sense) decision of Vyacheslav Mikhailovich Lebedev, the Supreme Court Chairman, – to pass our complaints to the Moscow City Court presidium instead of reviewing them in the Supreme Court. The Moscow City Court has been more than enough proved to be a bastion of lawlessness and of mutual guarantee in this matter, and through its chairman has long ago publicly stated that this case for him is “closed”. It was announced at the time when the defence complaint was reviewed by the Supreme Court.
Therefore, for the far-reaching conclusions I still do not see any basis, same as for any special joy, and even more so – for any illusions.
We continue to work systematically, that is – to fight for common sense, legality and justice.
And if there is any court in the country, or only one name, all who are interested, will see with us. “

View here the copy of the decree on the abolition of the judge’s decree to dismiss the supervisory review (in Russian)