Commentary by Olga Kudeshkina, former judge of the Moscow City Court

Radio station Echo Moskvy, “Turning point”, 20.08.2008

Presenters Vladimir Varfolomeyev & Marina Korolyova

VARFOLOMEYEV: Today we welcome Olga Kudeshkina, formerly a judge with the Moscow City Court. Good day, Olga.

KUDESHKINA: Good day, Vladimir.

VARFOLOMEYEV: In your view, as a specialist in law and jurisprudence, what would be a fair decision for the court to take tomorrow [concerning Khodorkovsky’s application for parole]?

KUDESHKINA: Since Mikhail Khodorkovsky has served more than half of his sentence he is eligible by law for release on parole. The problem is that new charges have been brought against him. And those accusations will influence the judge when he examines the petition for release on parole.

VARFOLOMEYEV: These are aggravating circumstances, you mean to say?

KUDESHKINA: No, not at all. The new criminal case cannot be treated by law as an aggravating circumstance since guilt has not yet been established. It is as yet only an accusation.

One must admit that this criminal case has already made its influence felt. The court was then tied by its decisions to that criminal case. And the failure to bring it to court thus far is, in my view, a defeat for the Prosecutor General's office and the Investigative Committee (formerly the investigations department). A great deal of time has passed and yet the new charges remain untested in court to this day. I think that they should not influence the decision of the court concerning the parole application.

KOROLYOVA: So you have hopes that Mikhail Khodorkovsky may be granted parole?

KUDESHKINA: I’d like to think so.

As a great many people appreciate, the case of Mikhail Khodorkovsky and Platon Lebedev is a striking example of the selective administration of justice in Russia. It has more to do with major political issues rather than criminal matters. Khodorkovsky and Lebedev were convicted for what was a usual and lawful way of conducting business in the 1990s. Yet for some reason only Khodorkovsky and Yukos were brought before the courts and faced criminal charges for such activities.

VARFOLOMEYEV: Which, in your view, comes closer to justice: politics or the law?

KUDESHKINA: Theoretically, I’d say politics.

VARFOLOMEYEV: That’s an unexpected reply!

KUDESHKINA: Perhaps I did not express myself clearly. In theory, politics — but in practice, the law and jurisprudence.

VARFOLOMEYEV: That was the answer I was hoping to hear.

KOROLYOVA: Thank you

Our guest today was Olga Kudeshkina, former judge with the Moscow City Court.