Adjournment for Khodorkovsky
November 21st, 2016


Adjournment for Khodorkovsky
June 12, 2007
Adjournment for Khodorkovsky

Mikhail Khodorkovsky continues his custody in the pre-trial detention facility in accordance with the ruling of the court that cannot take effect for over 2 months.

Lawyer Karinna Moskalenko’s concerns were justified on June 8. Chita’s oblast court on that day again announced, in the interests of the Prosecutor General’s office, an adjournment in the hearing of the defence’s cassation appeal against the extension of custody for Mikhail Khodorkovsky.

The hearing was postponed until June 21, meaning a total of three months imprisonment for Mikhail Khodorkovsky, Interfax reports, in the pre-trial detention facility of Chita city. By postponing the hearing of the appeal, the cassation instance has violated paragraph 4 of article 5 of the European Convention on human rights. (The article provides for the right of prompt access to judicial proceedings to determine the legality of one’s arrest or detention and to trial within a reasonable time, or release pending trial).

Moskalenko was informed of today’s ruling by Chita’s oblast court several minutes before the start of the hearing of the qualifications committee of the Moscow Bar Association that was to consider her disbarment case and which could result in her being stripped of her lawyer’s status, but it did not. “By squandering my efforts for self-justification and diverting me with their senseless motions, it is the Prosecutor General’s office that is violating Mikhail Khodorkovsky’s rights to a proper defence,” she responded to those who accused her of failing Khodorkovsky’s right to defence. But today’s hearing was postponed not because of Moskalenko’s absence, but because a representative of the Prosecutor General’s office did not appear at the hearing.

Moskalenko is convinced that another postponement of the hearing took place in the interests of the Prosecutor General’s office that hopes to return the Khodorkovsky case to the jurisdiction of Chita’s courts in supervisory order (after the Basmany court’s ruling of March 20, 2007 on the illegality of the investigations in Chita took effect, any Khodorkovsky case, including the issue of his custody extension, should not be heard in Chita).

“On May 31 at the hearing, I saw the firm will of the judges on Chita’s oblast court to end the long drawn out nature of this case,” Moskalenko said. “The court assured us the case would be heard today, June 8. Therefore, the failure to bring a ruling today is a direct lie. The court is still caving in to pressure from the Prosecutor General’s office.”



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