The European Court of Human Rights upheld yesterday the appeal of Platon Lebedev, holder of Group Menatep Ltd.
Photo: ITAR-TASS, ÈÒÀÐ-ÒÀÑÑ
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Lebedev Upheld in Strasbourg Court
The European Court of Human Rights upheld yesterday the appeal of Platon Lebedev, holder of Group Menatep Ltd. The court ruled Lebedev’s rights to liberty and security were breached during the arrest and pretrial detention and ordered Russia to pay to him ˆ3,000 in damages and ˆ7,000 for legal costs. The Strasbourg-based court sustained Lebedev despite opposition of judges from Russia, Azerbaijan and Norway, who didn’t see any violation of Lebedev’s rights. Russia will appeal the decision in the Grand Chamber.
The defense of Platon Lebedev, once the business partner of former oil tycoon Mikhail Khodorkovsky, filed the appeal that the European Court of Human Rights upheld yesterday far back in January 2004. So, that appeal mostly related to the violations committed when Lebedev was kept in pretrial detention, including the arrest in the court made in absence of his lawyers.
As suspect, Lebedev was detained under the Yukos case on July 2, 2003; he was delivered to detention facility straight from the hospital. Next day, i.e. on July 3, 2003, Lebedev was charged with the fraud and contumacy and the prosecutors filed a motion to the Moscow Basmanny Court, seeking the arrest sanction, which was provided in no time. Lebedev’s lawyers missed the hearing. They learnt about it only an hour and 40 minutes before the beginning, as all requests of Lebedev to put it off were ignored.
Other complaints of Lebedev related to prolonged detention, refusal to meet defense lawyers, refusal to provide independent medical examination - Lebedev suffers from chronic hepatitis and angioneurosis.
In Strasbourg yesterday, the majority ruled that Russia violated Lebedev’s rights by keeping him in pretrial detention without the arrest warrant and his detention from July 3 to August 28, 2003 resulted from procedure that didn’t correspond to the minimal procedural guarantee. So, Russia is to pay to Lebedev ˆ3,000 in damages and ˆ7,000 for legal costs; the amount will be paid in three months when the award finally takes effect.
Although the Strasbourg court has no power to force Russia to release its prisoners, the yesterday’s victory is significant. “It is vital that Strasbourg court has recognized our claims, the fact that the court has actually confirmed the initial unlawfulness of Platon Lebedev’s arrest,” said lawyer Elena Liptser.
www.kommersant.com
All the Article in Russian as of Oct. 26, 2007
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