Yuri Schmidt on the Khodorkovsky Case Prospects

August 21, 2012

Speaks the lawyer Yuri Schmidt
Video (in Russian)

What Yuri Schmidt says (in English)

Let me tell you about what I know better than most of you – about the situation that has formed around Yukos since the past… since winter, when Vladimir Pereverzin was released from prison, and also, very recently, Kurtsin and Malakhovsky were released too. Or more correctly, Malakhovsky hasn’t been released yet, but his prison term was reduced via the same schema that was used to reduce the term of Platon Lebedev, and he should be released on the 10th of October. Everyone is asking one question: ‘Why Khodorkovsky didn’t go in the same direction and didn’t make a similar request, and how his fate will be decided?’
I can say two things, what I know:
First. Of course Khodorkovsky’s defence team operates in full compliance with Lebedev’s team. One team is fully aware of what the other one is doing, and the question whether to apply for the same reduction has been discussed. It was decided to check how it will go with Platon Lebedev. So far it went beyond our expectations, because the judge went beyond what the prosecutor has asked for. Even though this ruling has been challenged, it will be quite difficult for the courts to cancel this decree if they want to keep it within the law.
Here is the question, since all this is already a system (the sentence reductions), and 4 people have already received such benefit, is this done with the approval of the … (indicates upward with his finger), who in particular is responsible for this, or the courts just apply the law? Of course it is hard to believe in the second, because we have had this situation many times before when the law requires one thing, but is used contrary to its essence. Nonetheless what we are hoping for is since they have applied this law in relation to those 4 people, it will be nearly impossible to deny the same to Khodorkovsky, because it would be quite strange exception to the rule which has already become a legal precedent.’