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Lebedev's lawyers ask to overturn ruling

December 13, 2011, 16:51 UTC+3

The lawyer of former Yukos CEO Mikhail Khodorkovsky earlier lodged a similar complaint

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MOSCOW, December 13 (Itar-Tass) — The lawyers of former MENATEP director Platon Lebedev asked Moscow City Court chairwoman Olga Yegorova to overturn the decision not to meet the supervisory appeal against the 2nd verdict in Lebedev's case, handed down by the Khamovniki court.

On Tuesday, Platon Lebedev's defense submitted a supervisory appeal to the Moscow City Court; the lawyers are seeking to overturn the decision by judge Ishmuratova, who had refused to meet the supervisory appeal against the Khamovniki court's verdict and the cassational ruling by the Moscow City Court, and launch supervisory proceedings under our complaint, the official website of the former Yukos executives reported.

According to the new appeal, the decision by a judge of the supervisory body contains a great number of violations of law and the Russian Constitution, such as violations of equality before the law, the presumption of innocence and the right to defense.

For example, the judge cited the information alleging that Lebedev was convicted under Article 174 of Russia’s Criminal Code, "which does not correspond to reality. Also, Ishmuratova fully ignored the arguments stated in Lebedev's cassational appeal," the lawyers said.

The lawyer of former Yukos CEO Mikhail Khodorkovsky earlier lodged a similar complaint.

On December 30, 2010, Moscow's Khamovniki court sentenced former Yukos CEO Mikhail Khodorkovsky his business associate, former MENTEP director Platon Lebedev to 14 years in prison for theft of oil and money laundering. Lebedev, and Khodorkovsky and their lawyers appealed the ruling.

On May 24, 2011, the Moscow City Court reduced their sentence by one year. The verdict became effective.

The Moscow City Court later turned down their supervisory appeals.

The court has not ascertained any violations of the Criminal Procedure Code to justify overturning of the rulings /the lawyers appealed not only the verdict but also the refusal to meet the cassational appeal - eds Tass), therefore the rulings on Khodrokvosky are recognized as legitimate, justified and fair, and the supervisory appeal will not be met," according to the resolution signed by judge Ishmuratova.

In Moscow, the convicted persons petitioned for parole, as they had already served more than half of their terms. The parole petitions later were turned down.

Khodorkvosky and Lebedev's jail terms expire in 2016.

Also on Tuesday, reports said Moscow's Meshchansky court would not meet the three-million-rouble damages suit against Khodrokovsky and Lebedev. The action was filed by former MENATEP co-owner Yuri Saprykin, the Court's spokeswoman Yulia Katayeva told Itar-Tass.

"Saprykin's statement of claim has not been reviewed as the plaintiff did not turn up for the hearings, despite the fact that he had been notified," Katayeva said.

Saprykin claimed Khodorkovsky and Lebedev's actions had caused him a 3.1-million-rouble damage.


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