Khodorkovsky's partner may demand compensation for postponed release
MOSCOW, January 24 (RAPSI) - Khodorkovsky's business partner Platon Lebedev, whose term was reduced to “time served” yesterday, is indignant with the delay in his release from prison and may demand compensation through the court for moral damages, attorney Vladimir Krasnov told RAPSI Friday.
“I talked to the warden and said this was an outrageous violation. We’ll demand compensation for the moral damages caused to a freed person who remains behind bars,” the lawyer said.
According to a Federal Penitentiary Service statement, the prison is required to wait for the original resolution of the Supreme Court Presidium that only yesterday mitigated the sentence. Lebedev’s lawyer asserts that this wait is unreasonable and is delaying the release of the former head of Menatep.
Krasnov said, “The prison administration would not receive the original in any case because it must be kept at the Supreme Court. It will be a certified copy at best. Also, the complete resolution can be drafted no earlier than by the end of next week. Will Lebedev have to wait in prison all this time?”
In Decebmber 2013 Lebedev filed an application seeking a reconsideration of the first of two cases that had brought about Khodorkovsky's decade-long prison sentence. The application has been filed in light of the findings of a recent judgment by the European Court of Human Rights, (ECHR) which found certain violations in the proceedings.
In 2005, Khodorkovsky and Lebedev were sentenced to eight years in prison for fraud and tax evasion. The second trial commenced in March 2009 and concluded with a guilty verdict in December 2010. The Khamovnichesky District Court of Moscow sentenced both men to 14 years in prison for oil theft and money laundering.
Later the Moscow City Court reduced their sentences by one year each. Then last year, the Moscow City Court reduced the sentence again from 13 to 11 years. In August the Supreme Court held that the sentences of Khodorkovsky and Lebedev should be lowered to 10 years and 10 months, thus partially satisfying their requests on supervisory appeal.
Khodorkovsky was released December 20 from serving out his sentence further as Russian President Vladimir Putin signed a decree pardoning him.
According to the chairman of the Russian Supreme Court Vyacheslav Lebedev, supervisory appeals against the partners’ sentences may be considered with reference to developments in the Russian legislation. He said that a new law on lighter punishment provided for business crimes may apply to Khodorkovsky and Lebedev.