The European Court of Human Rights (ECHR) will return judgment on the complaint of former Yukos executives Mikhail Khodorkovsky and Platon Lebedev on July 25, the ECHR press office said in a statement on Wednesday.
The main part of the complaint is the demand to acknowledge the violation of the European convention on human rights Article 6, right to a fair trial within a reasonable timeframe, which occurred during the first trial on Khodorkovsky and Lebedev's case, Khodorkovsky's lawyer Karina Moskalenko told Interfax.
"If the European court acknowledges the violation of the Convention Article 6, the sentence on the first case must raise doubts," Moskalenko said.
"The Russian Criminal Procedure Code Articles 413 and 415 stipulate direct dependence between the acknowledgement of the violation of the European Convention Article 6 by the ECHR and the necessity to cancel a sentence," Moskalenko said.
The ECHR judgment will have no direct relevance on the second case of Khodorkovsky and Lebedev but if the complaint is upheld and the first sentence is cancelled, the verdict on the second case will also be affected because Khodorkovsky and Lebedev received cumulative sentences, the lawyer said.
At the same time, it is no coincidence that the Russian Supreme Court has scheduled hearing of the complaint on Khodorkovsky and Lebedev's second case on August 6 demanding to cancel the sentence and will hear the case "on the basis of what happens in Strasburg," Moskalenko said.
The defense will also proceed on the basis of the ECHR judgment, she said.
All rights reserved by Rossiyskaya Gazeta.
to our newsletter!
Get the week's best stories straight to your inbox