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Sentence not to be reviewed as a whole after ECHR verdict on Khodorkovsky case

July 25, 2013, 19:10 UTC+3
It may be corrected in some part, the sources did not rule out
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Photo ITAR-TASS / Alexei Filippov

Photo ITAR-TASS / Alexei Filippov

MOSCOW, July 25 (Itar-Tass) - The ruling on the complaint of former head of the Yukos oil company Mikhail Khodorkovsky and former Menatep director Platon Lebedev passed by the European Court of Human Rights may become grounds for a partial review of the sentence, sources from the Justice Ministry told Tass on Thursday.

“The ruling of the ECHR is a reason for revising the sentence,” they said. Under the Russian Criminal Code, the ruling of the ECHR that has come into effect is considered as grounds on which it is possible to revise the earlier passed sentence.

“This may become a reason for a new session where the court, taking into regard the violations fixed by the ECHR will have to determine to which extent they affected the sentence passed,” the ministry sources explained. At the same time, such violations as keeping Khodorkovsky in a cage or the fact that two out of 158 witnesses were not listened to in court will hardly result in a full revision of the sentence. It may be corrected in some part, the sources did not rule out.

“The Supreme Court must determine how essential are the violations fixed by the ECHR,” the source added. The ruling of the European Court comes into effect three months after it was published if it is not appealed against.

Meanwhile, the Justice Ministry itself studies the verdict of the ECHR and after it is translated, analyzed and enquiries are sent to Russian agencies, including the Prosecutor’s Office and the court, the possibility of filing an appeal to the ECHR Grand Chamber will be considered. Lawyers of Khodorkovsky and Lebedev can also file a complaint.

The Justice Ministry believes that the most important thing is that the European Court of Human Rights has once again dismissed political motivation in the criminal case against Khodorkovsky and Lebedev.

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