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Justice Under Pressure - The Prosecutions Case

Justice Under Pressure - The Prosecutions Case

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Published by mikhailkhodorkovsky

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Published by: mikhailkhodorkovsky on Jun 03, 2012
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06/03/2012

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 JUSTICE UNDER PRESSURE
 EXECUTIVE SUMMARY: THE PROSECUTION’S CASE
 Prepared by Defense Counsel of Mikhail B. Khodorkovsky & Platon L. Lebedev
 
 
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CONTENTSBACKGROUND
................................................................................................................................ 3
 DUE PROCESS VIOLATIONS AND OFFICIAL MISCONDUCT DURING THEPROSECUTION’S CASE
................................................................................................................. 4
Failure to Explain Charges
.................................................................................................. 4
Obstruction by Prosecutors and Investigators of 
 
Access to Evidence
............................. 5
Refusal to Admit Exculpatory Evidence Presented by the Defense
................................ 5
 
Refusal to Obtain Exculpatory Evidence from Available Sources
.................................. 6
 
Refusal to Admit or to Seek Defense Evidence from Abroad
.......................................... 6
 
Admission of Illegally-Obtained Evidence
......................................................................... 6
 
Misrepresentation of Evidence
............................................................................................ 6
 
Vanishing Evidence
.............................................................................................................. 7
 
Incomplete Evidence
............................................................................................................. 7
 
Erroneous Mathematical Calculations
............................................................................... 7
 
Inaccurate Translations
....................................................................................................... 8
 
Prosecutors’ Incomprehension of Case Materials
............................................................. 8
 
Attempts to Control Testimony of Prosecution Witnesses
............................................... 8
 
Circumventing of Lawful Procedures Applicable to Witnesses
....................................... 9
 
Interference in Defendants’ Access to Counsel and to Case File
..................................... 9
 
Denial of Defense’s Access to Official Trial Transcripts
.................................................. 10
 
Disrespect for Defendants
.................................................................................................... 10
 
Direct and Indirect Threats to Defense Counsel
................................................................ 10
 
Suspected Eavesdropping of Defense Communications Not Investigated
....................... 11
Control and Harassment of News Media
............................................................................ 11
 PROSECUTION WITNESSES FAIL TO CORROBORATE CHARGES
................................. 12
 DEFENSE MOTIONS SYSTEMATICALLY DENIED
................................................................ 13
 
Court Without Jurisdiction
................................................................................................................. 13
  Flawed Indictment
............................................................................................................................... 14
  Khodorkovsky and Lebedev Continue to be Held Unlawfullyin Harsh Pre-Trial Isolation Cells
......................................................................................... 14
 CONCLUSION
................................................................................................................................... 16
 
 
 
3 / 17
BACKGROUND
This document has been prepared by defense counsel of Mikhail B. Khodorkovsky, former chief executive of the Yukos Oil Company, and of his business partner Platon L. Lebedev, who have been ontrial since March 2009 in Moscow’s Khamovnichesky Court. The purpose of this document is to provide a summary of the prosecution’s presentation of its case against the defendants, which ran from April 21, 2009 to March 29, 2010. This document is part of a series of legal summaries issued by defense counsel as the case has unfolded.
1
Certain elements of the analysis herein may beimpacted by developments in court as the trial continues to unfold. This document does not purport tolist all the violations of due process and examples of prosecutorial misconduct which occurred duringthe presentation of the prosecution’s case. A more detailed and definitive summary report, to beissued following the trial, will supersede this document. For further information and to receive copiesof defense motions and court documents, please contact the legal defense team via the Khodorkovsky& Lebedev Communications Center.
2
 
Khodorkovsky and Lebedev were convicted and sentenced to eight years imprisonment in 2005 andbanished to Siberia. They were victims of severe abuses of institutions of Russian state power – frominvestigatory, prosecutorial and regulatory authorities to the judiciary – committed by a group of figures in the political establishment who viewed them as challengers or competitors. The interests of political and commercial adversaries had coalesced to orchestrate the state’s incarceration of the twomen and raiding of their company’s assets. When Khodorkovsky and Lebedev became eligible forparole in 2007, those in power who still perceive them as a threat stepped up efforts to find newgrounds to keep them incarcerated for a long time to come. In addition to keeping Khodorkovsky andLebedev isolated from society, their adversaries seek to conceal the corrupt and criminal actionscommitted against them and other victims of the Yukos affair with the participation and under theprotection of high-ranking officials.Starting in 2003, an enormous repository of data was seized from Yukos, and also accumulated in thecourse of numerous investigations of individuals or companies connected to Russia’s most successfulprivate energy company. Reams of documentation were sloppily compiled in a 188-volume case file.Lacking organization, analysis or any hallmark of investigatory diligence or competence, the case filewas presented to Khodorkovsky and Lebedev in February 2007 as the evidentiary basis for a new trialagainst them, on charges of alleged embezzlement and “money laundering”.Khodorkovsky and Lebedev are accused of embezzling 350 million metric tons of oil worth over$25.4 billion and “laundering” over $21.4 billion, and embezzling $102 million in shares held byEastern Oil Company and “laundering” the proceeds of their sale. The allegations have no crediblegrounding either in the facts described or in the legal terms invoked by prosecutors. Ordinary,widespread business practices are blithely and ignorantly labeled by prosecutors as criminal. Since thetime the allegations were formally presented in 2007, Khodorkovsky and Lebedev have madeconsistent efforts to engage with investigators and prosecutors in good faith, seeking to understand andrespond to them as required by law. While Khodorkovsky and Lebedev made every effort to engagethrough established procedural rules, in contrast, the investigators and prosecutors consistently actedoutside of the boundaries of the law. The basic duties of the investigators and prosecutors – toinvestigate relevant facts and to build a case grounded in law or to terminate a case where noactionable crimes exist – remain unfulfilled.
1
A summary of the due process violations that occurred in the investigation of the current case is available athttp://www.khodorkovskycenter.com/content/defense-stay-motion-summary. A summary of the first month of the current trial is available athttp://www.khodorkovskycenter.com/current-trials-legal-status.
2
Contact information is available under “Media Center” atwww.khodorkovskycenter.com.

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