Hamovnichesky court of Moscow on Wednesday will continue the preliminary hearing on the second case, former head of Yukos Mikhail Khodorkovsky and head of MFO Menatep Platon Lebedev to consider requests from the defense. Preliminary hearings on the rule of law, are held behind closed doors, so the press is not allowed in the hall.
The process of the court chairman Hamovnicheskogo Victor Danilkin. Preliminary hearings opened on Tuesday, and the protection of the beginning of a process with applications. The first of them after the court rejected more than three-hour discussion, the other - is already the evening before the break.
-, Khodorkovsky would "clearly present their position in court"
- In charge Khodorkovsky and Lebedev
- The authorities have banned the picket line outside the court in defense of former heads of Yukos
The following applications will be considered by lawyers as early as Wednesday. The lawyers will ask the court to terminate a criminal case in connection with the innocence former head of Yukos and head of MFO MENATEP either to cease production for a number of episodes in which the expired time limits. Protection plans to put the question to refer the case to another court, in its view, the case not under the jurisdiction Hamovnicheskomu court.
In addition, the meeting will discuss the extension of the arrest of Khodorkovsky and Lebedev, which expires March 17.
The lawyers demanded the withdrawal of Dmitry Shokhin and Valeria Lahtina who are already engaged in the first case of Khodorkovsky and Lebedev, a businessman when both were on for eight years. Also Shorhin appeared on other high-profile prosecutor processes - in the case of the former deputy head of Yukos-Moscow Vasily Shahnovskogo, in the case of the assassination of State Duma deputy Sergei Yushenkova, as well as in the case of the murder of Paul Klebnikov. Lahtin by the Prosecutor General of Russia has maintained consequence of different trials of "the Yukos case." (The most interesting quotes from the articles on this topic leads Site Zagolovki.ru)
The lawyers argued that both the prosecutor has a personal interest in the outcome of the case and can not be objective. Prosecutors themselves grounds for disqualification do not see. The court decided on the first application of the defense more than three hours, and as a result of its dismissed.
The lawyer said a new application - for the right to privileged communications with their clients. The defense also asked the court to give defendants the opportunity to easily send documents to their lawyers, because on Tuesday a convoy taken from one of Khodorkovsky's papers, which he wanted to give her counsel.
As stated Khodorkovsky lawyer Karina Moskalenko, a convoy "feeling in the hall of the owner" and limits the protection of communication with customers. Advocates also believed that the "bullet-proof glass cage" of their clients do not need, and it violates the presumption of innocence. But the court rejected Khodorkovsky's and Lebedev's move from a glass cage to the table to their lawyers. According to lawyers, the judge failed to indicate why it rejected the request.
"I believe that the court did not respond to all items of our application. This alarming", - said Khodorkovsky's lawyer Karina Moskalenko. She stressed that the court, denying the petition, said only one point - on the movement of defendants from the cell to the table of counsel, at the same time would not affect the item in compliance with the confidentiality of negotiations.
"When the defendants are in" Aquarium ", provides no privacy of communication", - said, in turn, Lebedev's lawyer Yelena Liptser, adding that all the talk heard convoy, as well as through a microphone installed in the cell.
Khodorkovsky's lawyer Vadim Klyuvgant also expressed surprise decision of the judge. "The Court has not deviated from the standard approach that the defendant should sit behind bars, while the victim admitted that it is not necessary," - he said. In doing so, he did not give an assessment of how to go further process. "Early to assess, but strangely enough, that no motive for the first We petition the court had not given "- he said.
The protection and intends to apply to change the jurisdiction of criminal cases against businessmen and transfer it to another court. "We have ideas about where to be considered by the case, but we shall wait, that says to the Prosecutor's Office", - said Alexander Lebedev's lawyer Rivkin.
Khodorkovsky intends to "provide clear its position in court"
The ex-head of Yukos, according to the defense, is vigorously and firmly intended "to provide clear its position in court." At the entrance to the court Khodorkovsky shouted "Shame!" And his supporters threw him through the metal gates of a few carnations.
The ex-head of Yukos was dressed in a black coat and blue jeans, and head of MFO MENATEP - jacket in Alaska and sports pants.
When the defendants brought into the hall, they smiled, but did not answer any questions of journalists. Khodorkovsky to the question about-being merely nodded.
"Khodorkovsky said that the defense and he will hold open and transparent attitude. Will be permanently at any stage to answer to all the questions, "- a statement read out to journalists, Khodorkovsky, his lawyer Natalya Terekhova.
In addition, as noted lawyer, Khodorkovsky said that "the basis for the claimed disqualification put that in front of him (Khodorkovsky) known to the first hearing, the person who tried and went on a charge that can be described by" .
"The court will address primarily issues of law and procedure, and all that the political motivation, it is only in camera mode", - quoted his client Terekhova.
What attributed to Khodorkovsky and Lebedev
Khodorkovsky and Lebedev impute the theft of someone else's property with the use of official position in a large and particularly large - nearly 900 billion rubles.
In particular, they are accused of theft by misappropriation of shares of subsidiaries of OAO Eastern Oil Company "in 1998, amounting to 3,6 billion rubles, the legalization of stolen shares of subsidiaries of OAO Eastern Oil Company" in 1998-2000 in the same amount , theft by misappropriation of oil subsidiaries of joint-stock companies of OAO NK Yukos, "in 1998-2003, oil OAO Samaraneftegaz, OAO Yuganskneftegaz and OAO Tomskneft" amounting to more than 892.4 billion rubles, and the legalization of these funds in 1998 -- 2004 in the amount of 487.4 billion rubles and 7.5 billion dollars. According to the defense, the statute of limitations on one of the episodes - about the theft of shares in subsidiaries of OAO Eastern Oil Company "- was due an additional 12 November 2008. The lawyers want to exclude this episode.
Neither Khodorkovsky or Lebedev did not acknowledge his guilt.
Two oil companies, part of the bankrupt Yukos, said claims to Khodorkovsky and Lebedev for 170 billion rubles, informed the representative of the company Tomskneft "Andrew Pyatikopov. According to him, said his company was sued for 93 billion rubles, "Samaraneftegaz" - 77 billion rubles.
The representative of Tomskneft "said that the claims were asserted before the trial. He believes that the most likely "Samaraneftegaz" would not support his claim, because the company has already paid the money in the case of bankruptcy of Yukos.
Khodorkovsky and Lebedev impute the theft of property in cities and particularly large amounts to the abuse of official position. In 2005, they were found guilty on seven articles of the Criminal Code, including fraud and tax evasion, and sentenced to eight years in prison. To participate in the new process of the defendants not guilty pleas from Chita in SIzo Matrosskaya silence. "
Submissions of new criminal cases make up 188 volumes. The previous process for the "Yukos case" has lasted for about a year and, as stated on the lawyers and experts, a record in Russia for the duration of a verdict. The new process may take more than half a year, said lawyer Vladimir Klyuvgant. Around 17:50 in the preliminary hearing was adjourned until Wednesday, March 4.
Preliminary hearings on the rule of law, are held behind closed doors, so the press is not allowed in the hall. Until then, the discovery process in the courtroom got around 150 journalists: not only the Russian and European media, but media from Australia, Japan, Africa, Argentina. "It's a lot of (journalists), after the hundreds we have simply ceased to believe," - told the officer Hamovnicheskogo court. Despite the small capacity of the hall, there were no significant excesses during the shooting of Khodorkovsky and Lebedev did not happen.
Carrying out such a loud process is not disrupted Hamovnicheskogo court - in other rooms in a quiet mode, other processes are considered civil and criminal cases.
The authorities banned the picket line outside the court in defense of former heads of Yukos
Moscow police detained six people who tried to organize two unsanctioned picket in defense of former head of Yukos, said the representative of the management of information capital GUVD. According to him, two sprained a banner with the words in defense of Khodorkovsky about Borodino bridge, a group of four people were shouting slogans in defense of the accused near the building Hamovnicheskogo court. Offenders were arrested and taken to the ATS "Hamovniki" for the protocols on administrative violations.
A staff member of the press service of the Central administrative district of the capital reported that the Moscow authorities denied a group of citizens in the conduct of picketers in front of Hamovnicheskogo court.
"The law prohibits any action in front of the courts when they are hearing. The distance from the courthouse to the place of the alleged picket should not be less than 200 meters," - a staff member recalled the press service.
By law, the authorities are obliged to offer an alternative venue for the organizers of the picket. Carry out the action elsewhere in the organizers did not want.
