Translated material
The trial is the initiator of the maintenance of the head of Yukos in custody, which is unacceptable, the lawyer
The resolution on the detention of ex -head of the NK Yukos Mikhail Khodorkovsky is “justice turned upside down,” the lawyer of Khodorkovsky Karina Moskalenko said on the air of the Echo Moscow radio station. On June 21, the Moscow City Court will consider Moskalenko’s complaint about the illegal detention of its client.
“I was appealed to the decision on the appointment of preliminary hearings, but only in the part where it is said that the measure of restraint Mikhail Khodorkovsky should be left the same - the content of the detention, without explanation, why, in this connection,” the lawyer explained. “The previous preventive measure was already expired on May 25, and, accordingly, I considered it impossible for a person to detain the default.”
According to her, "this exists in Russian practice, but we cannot agree with this approach, because the law obliges the court to make a reasoned decision on the maintenance of a person in custody, but the courts make this inertia, and we are talking about a person’s right to freedom and personal integrity."
“The investigation of the charges must be stated,” Moskalenko issued. “So, in the absence of a request from the prosecution, in the absence of accused, a decision is made that affects their rights.”
In her opinion, "the initiator of detention in this case is the court itself, and this is unthinkable in an equal competition." The lawyer added that she herself will not be able to attend the complaint, since "should be in Strasbourg."
“But this is not so important, because in the cassation instances there is a consideration of the documents, everything is formulated in my complaint,” she remarked. “So the court has the opportunity to make the right decision if there is such a desire, because the court has legal grounds for this decision.” “I will not hide that this complaint is connected with the need for a complete exhaustion of domestic judicial protection,” Moskalenko concluded.