Chita FPS promises “100%” tightening up of its examination of Khodorkovsky’s defence attorneys

Interfax (10 October 2008) reports:

“The regional division of the Federal Penitentiary Service intends to intensify its examination of Mikhail Khodorkovsky’s defence attorneys after punishing their client for the publication in Esquire. ‘Our examination of the defence lawyers will be intensified 100%,’ the head of the Region’s FPS Junus Amayev told Interfax-Siberia on Friday.”

Commentary by Yury Schmidt

The procedure for examination is defined by law and the internal regulations of pre-trial detention centres. The list of prohibited items is well known. The presence of these banned items is checked each time we visit the detention centre and we do not object to this.

Khodorkovsky is searched before he is brought out to see his defence attorneys and after he has seen them. All meetings in the detention centre are constantly monitored by video cameras. Furthermore, in the Chita detention centre they have developed their own know-how. The door leading into the room from the corridor is glass and throughout our meeting an officer stands by this door, observing everything that happens.

Not one of the defence attorneys has ever brought a prohibited object into the Chita detention centre: I can give a 100% assurance of that. In particular, no letters have been brought to Khodorkovsky and none taken from him.

No law defines the content of the discussions the defence attorneys have the right to hold with their client, during which they may make any notes. The subsequent fate of these notes does not fall within the competence of the prison authorities.

There have been repeated attempts by the administration to examine the attorneys briefcases, which is forbidden by law since it breaches professional confidentiality. Any attempt to examine the attorneys briefcases on the part of the administration meets an appropriate reaction on our side. We shall permit no one to violate the law, the rights of our client, or our own rights.

I do not know what Mr Amayev intends to do. Perhaps he plans to conduct individual searches and make lawyers undress. If I am not mistaken such attempts were made in Matrosskaya Tishina detention centre with respect to certain female members of our team. Perhaps Mr Amayev wants to test us with lie detectors. Perhaps before we see our client he wants to give us a scenario, detailing the questions we may ask and the answers that our client should give us, and vice versa.

We may expect anything. In our activities, however, we shall be governed exclusively by the requirements of the law.