Simonovsky district court leaves Aleksanyan in custody until 22 January

Vasily Aleksanyan’s lawyer Yelena Lvova comments on the court’s decision.

“The longer this story continues, the more terrible it becomes. The court uses the preceding unlawful decision as the foundation for its next unlawful ruling. Last time both the procedure for renewing the proceedings and the extension of custody were, in Aleksanyan’s absence, unlawful. Then the judges in the appeal court decided to leave the Simonovsky district court’s decision in force.

“Now this has its continuation. According to exactly the same scenario, Judge Nedelina decided single-handedly to re-open the proceedings and today the next troika exactly repeated the earlier decision. Everyone knows perfectly well that they should not act in such a way, yet that is how the preceding judges behaved and these judges repeat their deeds.”

Interfax, 20.10.2008

The Simonovsky district court has prolonged until 22 January 2009 the detention in custody in hospital of Vasily Aleksanyan, former vice president of Yukos.

As our correspondent reported, the court re-opened work on the Aleksanyan case and extended his custody for three months. After the announcement of the decision, however, the judge said that the proceedings were again halted until the accused had received treatment.

The court indicated in its decision that in addition to the arguments of the defence it had also considered that Aleksanyan was accused of committing grave offences, “which were of a heightened danger to society”. Moreover, in the court’s opinion, Aleksanyan could influence the victims and the witnesses and so it was not possible to choose a less severe measure of restraint.

During the hearing the judge added to the materials of the case medical reports from the civilian outpatient clinic where Aleksanyan is receiving treatment. These testify that he is “at present unable to take part in judicial and investigatory activities” due to his state of health. The judge then raised the issue of whether the case could be heard in Aleksanyan’s absence.

The defence lawyers of the accused point out that the Criminal Procedural Code prohibits discussion of such matters in the absence of the accused. Despite this the court decided to examine the extension of Aleksanyan’s custody in his absence.

The defence lawyers asserted that the proceedings had been renewed unlawfully. “If a case has been halted due to the state of health, then it cannot be renewed until the accused is well again,” said one of the lawyers.

As concerns the measure of restraint, the prosecutor declared: “I consider that the grounds on which the measure of restraint was selected are still applicable.” He added that Vasily Aleksanyan was receiving expert medical treatment and nothing was being denied him in this respect.

The prosecutor commented that if Aleksanyan needed treatment “outside the Russian Federation” or somewhere he could not be kept in conditions of isolation then the measure of restraint might be changed.

The prosecutor requested that Aleksanyan’s custody be extended.

For the defence, attorney Gevorg Dangyan declared that the prosecutor had presented no factual confirmation that there were grounds for extending his client’s detention in custody. “The court cannot take on itself the function of accusation, since it is an organ of justice,” said the lawyer.

He emphasised that the grounds on which the measure of restraint was chosen 2.5 years before “had fundamentally altered”. “It is evident to all that this is a man suffering from a serious oncological disorder. He must concentrate all his physical and mental powers to fight this illness and no other decision, other than to discontinue the measure of restraint, can be taken,” said Dangyan.

Defence attorney Yelena Lvova told the court that “both sicknesses from which Aleksanyan is suffering are fatal and can’t be treated.” It was planned in the near future to remove Aleksanyan’s spleen. “Neither before nor after the operation do the doctors guarantee that he will survive. What possible aims can justify extending custody? I ask on the grounds of compassion and humanity to not extend custody, so that a guard is not sitting beside the operating table,” said the lawyer.

The court, however, announced the following decision: “The panel of judges has decided to extend the detention in custody of Vasily Aleksanyan for three months, until 22 January inclusive.”

After the announcement the defence declared that they would appeal against the decision to the Moscow City Court.