MBK Trial: week in review. Liptser & Kharitonov. Part 2

Uploaded by yukoscase on 01.12.2009

In the 2nd part of the programme
What was happening on this week in Courtroom 7 of the Khamovniki Court
prosecution is trying to represent normal work
of a vertically integrated company as crime.
How the rights of prisoners are abided by the law in reality?
Are there any complaints?
Yes, there are
What are they?
There is no hot water.
It is not allowed here.
Are there chances of having a fair trial?
And possibly that will make Judge Danilkin think
about how he is going to serve justice in this trial.
Is the reaction of Mikhail Khodorkovsky
and Platon Lebedev
to the events with Sergey Magnitskiy known?
Naturally, they know about this situation,
and they are sad
and suffer because a person died at such an early age.
Also, Dmitriy has said
he has not been found guilty of anything yet.
That’s an innocent person!
And the tragedy and horror
of the situation is that in our country
innocent people are held in such conditions,
which are much worse
that those for the people who have been found guilty
and convicted.
As attorneys, Lena and I
see that in our work every day.
And that in conditions
when our country’s president has said
that for those suspected of economic crime
the measure of restraint in the shape of taking into custody
not be used.
They do it all the same
and continue holding people in custody.
I think that no one simply listens to him (the president – editor’s note).
country’s president says
that people should not be sent to prison for economic crime,
and the Supreme Court says:
let us approach this
on a case-by-case basis.
Even the chairwoman of the Moscow City Court has said
that people should not be put in jail
for economic cases.
No one cares.
Many have been saying about Sergey Magnitskiy
and Vassiliy Aleksanyan
that they both are hostages.
What did “our organs” want to achieve?
The charges deal with tax evasion
by two companies in Kalmykia in 2001.
Seryozha had nothing at all to do
with those companies;
he has not signed a single paper.
All he did was representing one of those companies
as a lawyer in the commercial court of Kalmykia
when requested to do so by a client in 2002
when tax inspections began.
That is all.
For that, the man was imprisoned
for a year and in fact killed in jail.
Our investigators seem to have remained in 1937,
when the custom was to beat out the confessions
hand the case over to court.
Seryozha has also been offered a deal
with the investigation on two occasions.
An investigator would come and say:
here, let us sign the papers;
maybe you want to confess?
Yelena, you have come here today
from the last day in court this week.
Has everything continued in the same vein?
Another witness was put on the stand today.
The witness could not say anything
on the merits of the case
and only confirmed
that it was she who signed the documents.
She signed them while working
for the companies.
We have always pointed to the fact
that the prosecution is trying to represent normal work
of a vertically integrated company as crime.
In other words,
all that was being done there was a crime,
so they are continuing to present proofs
in the same vein,
but none of those questioned so far
would say anything about the charges
that have been brought.
Curiously, they continued removing benches
Courtroom No. 7 in the Khamovniki Court
a few days ago.
Have there been any additions?
No, there have been none.
Moreover, very many people came yesterday;
many students come to watch the trial,
and there were not enough places to seat them all.
And when we asked the judge
that either more seats be provided for the people
who wished to do so to be able to sit in the courtroom
or television transmission be renewed,
the judge said that
all the possibilities for attendance had been exhausted.
Data on the funding of the federal penitentiary system
from 2007 until 2016 say
that 72 billion rubles are supposed to be allocated
to improve the conditions in which prisoners are held.
The figure has been made public very recently.
But just as recently
the top management of the Federal Penalty Enforcement Service
has said that the 2009 budget sequester
amount to 7.8 billion rubles
and that the principal items
to suffer cutbacks are in fact services of the utilities
and medical services.
What do medical services look like
and what about services of the utilities
at the pretrial detention facility,
all of which, according to law,
must be provided?
I can say that Platon Lebedev,
for example, has no TV set to this day.
There is no explanation of that whatsoever.
To our repeated appeals to the chief,
when we would say,
“let his relatives bring one,” we are told
“No, we do not accept items from relatives.
Only items from organizations may be accepted.”
“Fine, let an organization hand over several TV sets,
for Platon Leonidovich to have one and several
to remain at the facility,
for other prisoners.”
As a present.
Yes. Cardiographs were needed for the medical unit,
as we were told.
Fine, we said, we will give those cardiographs
to the medical unit in Matrosskaya Tishina.
Only, please provide Platon Leonidovich with a refrigerator.
that time he had neither a refrigerator nor a TV set;
he spent three months at the detention facility
without a refrigerator,
and that is the 21st century
and when we were prepared to bring a refrigerator there instantly.
Finally, he was issued an old,
bad refrigerator;
he has no TV set to this day,
and they say that refrigerators
and TV sets are issued only as soon as possible.
The same with those heart pacemakers.
They said that there seemed to be a shortage of those.
And those are nonexistent as well.
And they are nonexistent to this day;
turns out that no one needs them.
And what if they could save lives of people
who suffer there in that facility?
Thus, as far as the medical unit
and utilities are concerned,
they are not simply bad,
they are nonexistent.
The funniest thing, if one may say so,
is the situation with hot water.
There is no hot water in the Butyrka.
Seryozha has written several complaints.
chief comes with his deputies
and asks if there are any complaints.
Yes, there are
What are they?
There is no hot water.
It is not allowed here.
Seryozha says:
in facilities number five and number one,
there is hot water.
You know what the chiefs said?
Make a complaint against number five and number one.
What they do is a violation.
We have been telling them
that there are health problems;
the person feels bad
he has attacks.
Do a checkup please.
A young man of 37 is not supposed
to suffer serious diseases.
But when during four months
no one does that,
when every two weeks the man is transferred to a cell
where there is water on the floor,
where there are no windows,
when they simply brutalize him,
then they placed him in that so-called hospital,
but if you saw what it was,
it would have been better if they had left him in the hallway
or simply in a cell,
because two weeks before his death he said to me,
“You cannot imagine what that is.
They are cells where people are held in pairs.
They lock the cells,
lock the building, and leave.
There is no one left in the building,
not even a guard,
let alone medical personnel.
You may be in the danger of dying,
and no one will help you.”
We have questions sent to our program
over the internet.
Irina asks if there are chances
for Khodorkovsky and Lebedev to walk free
under this regime,
to what extent the Strasbourg court may influence
the outcome of this shameful trial?
As attorneys, we are trying to do all we can to
at least, make sure all the violations are recorded, as a minimum
like Platon Leonidovich says,
so that either in my lifetime or in the lifetime of my children
and grandchildren my rehabilitation would come.
There is hope
that the first trial will be recognized unjust,
and possibly that will make Judge Danilkin think
about how he is going to serve justice in this trial.
The Basmannyy Court has recently written this to me
in a resolution:
“The reference of the defense
to a resolution of the Constitutional Court is not convincing.”
Thus, a decision of the Strasbourg court
may mean nothing to Judge Danilkin.
Well, the term “Basmannyy justice”
has been an integral part of our vocabulary
since the Yukos case began.
I thank the participants in this program
for having come to our studio
and want to say that,
according to expert data,
acquittals in Russia today,
alas, make up less than 1 percent of all sentences,
which is even less than in Stalin’s times.
But while the need for a judicial reform
is being actively discussed by the public,
same cannot be said about the situation
in the penalty enforcement system.
The latest events have shown
this system largely preserves
and multiplies unpunished the hallmarks
of a punitive entity.
we will talk about how the situation with prisoner conditions unfolds
and what happens in Courtroom 7 of the Khamovniki Court
I am Darya Pylnova. Take care.