Mikhail Khodorkovsky’s lawyer Vadim Klyuvgant today joined Irina Khakamada of The Other Russia political coalition at the Mikhail Khodorkovsky Press Centre, to discuss new legislative initiatives of the Russian Supreme Court and the Russian Government.

The legislative changes in question are three newly introduced laws, two of which have already been accepted by the State Duma.
According to Klyuvgant one of those laws is that any previously solved criminal case can be revised should any “new, socially dangerous consequences” arise. It remains to be seen exactly how “socially dangerous consequences” would be defined, he pointed out. Klyuvgant added that: ‘the case will be sent for the revision not to rehabilitate, not to alleviate the situation, but in order to deteriorate. This means new charges, more serious charges, based on the same plot.’

The other law, an initiative of the Supreme Court, supplements existing legislation on fraud with six more articles regarding fraud in different contexts, such as insurance, loans and the internet.

The final amendment by the Supreme Court makes it impossible for an individual to receive a jury trial if they have received new charges as a result of the other new legislation regarding “socially dangerous behaviour.” In a jury trial there is about a 15 percent chance of acquittal.

Klyuvgant commented:

‘The third amendment made by the Supreme Court at the beginning of November means that from 2013, it is assumed that all cases, excluding those with the possibility of a life sentence, shall be submitted for consideration in the first instance in the district courts. In the district courts, where the percentage of pardons is 0.2, and given the fact that a third of these are then cancelled through the cassation – it is 0.13. There are no juries in the district courts.’

He could not say whether the new legislation is designed to target particular individuals, including his client; however he said that the danger of such laws is in their universal nature. Such amendments can target any individual who is socially or economically active. Irina Khakamada agreed adding that these laws have the potential to put just about anyone in danger.

The “Glasnost Territory” program with Klyuvgant and Khakamada (in Russian)

The full transcript of the interview available here (in Russian)