MOSCOW, February 21 (RAPSI) – Lawyers representing Russian opposition politician Alexey Navalny, who has earlier been sentenced in Kirovles embezzlement case for the second time, asked the Committee of Ministers of the Council of Europe to “exercise any and all available options to assist in the execution of the judgment,” according to documents available to RAPSI.

On February 8, Navalny was found guilty of organizing embezzlement at the Kirovles timber company for the second time and received a 5-year suspended sentence, while another defendant in the case, Pyotr Ofitserov, received a 4-year suspended sentence. Additionally, they were fined 500,000 rubles ($8,500) each.

Practicing lawyers Karinna Moskalenko and Olga Mikhaylova note that new sentence issued after retrial is almost identical to previous one, found to be in violation of the European Convention of Human Rights by the European Court of Human Rights (ECHR). Lawyers believe that Russian court disregarded findings of the ECHR, notably its refusal to pass any motions and requests filed by Navalny’s defense. In addition, according to lawyers, Navalny has already served his time after first trial.

Lawyers note that Russian state is unwilling to exercise judgement of the ECHR in this case preventing Navalny from participating in political activities and violates his civil and political rights. As such they request the Committee of Ministers to examine this case under the enhanced procedure.

In November, the Supreme Court overturned sentences against Navalny and Ofitserov in Kirovles embezzlement case and sent it for retrial. The court delivered the ruling taking into consideration the judgment of the European Court of Human Rights (ECHR).

In February 2016, ECHR held that the applicants’ right to a fair trial had been violated and ordered Russian authorities to compensate Navalny with €48,000 of legal costs and Ofitserov with €22,000. Additionally, Russia was obliged by court to pay 8,000 euro each in damages.

Russia’s Justice Ministry filed a request seeking referral of the case to the Grand Chamber of the Strasbourg Court, but it was dismissed.

Navalny was given a five-year suspended sentence for embezzlement at the Kirovles timber company in July 2013. Later, Moscow's Lyublinsky District Court increased a probation period for him to 5.5 years. Ofitserov received a four-year suspended sentence.

According to investigators, while serving on a voluntary basis as an adviser to the Kirov Region governor Navalny organized the theft of over 10,000 cubic meters of timber from Kirovles company between May and September 2009.

Investigators claimed that Pyotr Ofitserov, then Director of Vyatka Timber Company, and Kirovles CEO Vyacheslav Opalyov were involved in the scheme. Proceedings against Opalyov were treated as a separated criminal case after he had admitted his guilt.