When must MBK be sent to serve his sentence?

Section 75. The RF Criminal-Executive Code. Regarding persons sent to prison to serve out their sentence
1. Persons sentenced to imprisonment shall be sent to erve out that sentence not later than 10 days after the receipt by the administration of the pretrial detention center of notification that the judgment should come into force. Within this period, a prisoner shall be entitled to have a short meeting with relatives or other persons. The procedure for sending the convicted person/s to the correctional facility shall be determined by the RF Ministry of Justice.

It should be noted that the SIZO administration received the above notification on September 27. Therefore, by law, Mikhail Khodorkovsky should be sent to a correctional facility not later than October 7.



Where will he serve his sentence?

Section 73 The RF Criminal-Executive Code. Locations for serving of sentences
1. Persons convicted to improsonment shall serve their sentences in penitentiary facilities within the limits of the constituent area of the Russian Federation in which such persons resided or were convicted. In exceptional cases due to state of health of convicted persons, or in order to provide for their personal security, or by consent of such convicted persons, they may be sent to serve the sentence to a corresponding penitentiary facility located in the territory of another constituent area of the RF.

2. If there should be no penitentiary facility of the specified type in the domicile or place of conviction, or if it should not be possible to place the convicted persons in the available penitentiary facilities, then the convicted persons shall be sent to the nearest penitentiary facilities located in the territory of that constituent area of the RF, or, by agreement with the corresponding superior authorities managing the penitentiary system, such convicted persons shall be sent to the penitentiary facilities located in the territory of another close constituent of the RF that has conditions for their accommodation.

Therefore, by law, Mikhail Khodorkovsky should serve his sentence in the Moscow Region. If it should not be possible to place him in this region, then he may serve his sentence in one of the regions adjacent to Moscow.



How often may he see his relatives and what are the conditions of imprisonment?

Section 89 The RF Criminal-Executive Code. Communication with persons sentenced to imprisonment
1. Persons sentenced to imprisonment shall be allowed to have short four-hour meetings and long three-day meetings within the territory of the penitentiary facility. In specific cases provided for under the present Code, convicted persons may be allowed to have extended meetings outside of the penitentiary facility up to five days long. In such a case, the head of the penitentiary facility shall determine the procedures and location for such a meeting.

2. Short meetings shall be allowed with relatives or other persons in the presence of a representative of the administration of the penitentiary facility. Extended meetings shall be allowed with the right to live together with a spouse, parents, children, adoptive and adopted persons, etc. […]

3. Convicted persons shall be allowed by their request to replace a long meeting with a short one, and a short or long meeting with a telephone call. […]


Section 121. The RF Criminal-Executive Code. Conditions of service of imprisonment in general penitentiary facilities
1. Persons sentenced to imprisonment who serve their sentence under standard conditions in general penitentiary facilities shall live in hostels. They shall be allowed to do the following :
à ) buy food and articles of daily necessity using money from their accounts within the limit of three minimum monthly wages per month;
b ) hold six short and four long meetings per year;
c ) receive six parcels and six postal packets per year.



In what way will he be able to communicate with his lawyers?

Section 89 The RF Criminal-Executive Code. Communication with persons sentenced to imprisonment
4. For legal assistance, the convicts shall be allowed to have meetings with lawyers or other persons entitled to offer legal assistance. The meetings will be unlimited in number and last up to four hours each. At the request of the convicted person, a meeting with a lawyer shall be held in private, out of hearing range of any third persons, and without use of any technical means of audio monitoring.



When will he be able to request that parole should be granted?

Section 79 The RF Criminal Code. Granting of parole
3. Granting of parole may be applied only as follows:
…
b ) not before the convict has served half of the term of sentence set for a serious crime...

Therefore, by law, Mikhail Khodorkovsky may submit an application for a grant of parole after serving half of his term of sentence, and taking into account that his term in the detention center may continue until 2007. However, in compliance with Section 175 of Criminal-Executive Code (Procedure for applications for grant of parole) a claimant to granting of parole shall “fully or partially” reimburse [the state] for the harm caused, as well as confess to having committed the crime. As you know, Khodorkovsky does not admit that he is guilty.