The defense team of former Yukos CEO Mikhail Khodorkovsky and his business partner Platon Lebedev has filed a supervisory appeal to the Supreme Court chairperson asking that the verdict under the second criminal case be cancelled and that the two be released immediately.
"I am asking that the following be cancelled: the verdict of the Khamovniki District Court of December 27, 2010; the decision of the Moscow City Court penal chamber of May 24, 2011; the ruling of the Moscow city Court presidium of December 20, 2012 and the decision of the Russian Supreme Court penal chamber of August 6, 2013. I also request that the proceedings on the case be stopped due to the absence of crime in the actions of Khodorkovsky and Lebedev and that they be released immediately," attorney Vadim Klyuvgant said in the supervisory appeal posted on the website of Khodorkovsky and Lebedev's press office.
According to the document, the lawyer is also asking for a cancellation of the November 13, 2013 decision of a Russian Supreme Court judge, who refused to uphold the supervisory appeal.
"I am asking that the present appeal as well as the appeal of September 17, 2013 and all appendices be transferred to the Russian Supreme Court presidium for consideration," the document said.
Ten years passed since Khodorkovsky's arrest on October 25. Khodorkovsky and former Menatep Group head Platon Lebedev were arrested in 2003 and sentenced to nine years in May 2005 on the fraud and tax evasion counts. The Moscow City Court later reduced their sentences to eight years.
A second criminal case was opened against Khodorkovsky and Lebedev when their first trial was nearing completion. The former executives were sentenced in December 2010 to 14 years for crude embezzlement and money laundering. Six months later the Moscow City Court reduced their sentences to 13 years.
The prison term was calculated from 2003, since the day of their arrest in the first Yukos case.
The Supreme Court partially upheld the appeal of the defense team of Khodorkovsky and Lebedev on August 6, 2012, and cut their sentences by two months. The Supreme Court refused to reduce their prison terms to what they had already served or to release them from custody. The adjusted prison time will expire in August 2014 for Khodorkovsky and May 2014 for Lebedev.
It has been reported that on November 13 the Supreme Court presidium refused the request of Khodorkovsky's and Lebedev's defense to open supervisory proceedings over the Khamovniki court verdict. The lawyers asked that the sentence of the Khamovniki court of December 27, 2010 and all following court rulings on the case be annulled.
The defense said that the refusal of the Supreme Court presidium to begin supervisory proceedings over the complaint they filed over the second verdict was illegal.
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