As members of Mr. Khodorkovsky’s international defence team, we are pleased that the court has granted an extension of time necessary to allow Advocates Padva and Schmidt time to argue the cassation appeal on Mr. Khodorkovsky’s behalf. However, their appearance will not cure the numerous significant violations committed in the appeal process. As the Court well knows from several motions filed on our client’s behalf which remain outstanding:

The Meshchansky Court provided substantially and materially incomplete and inconsistent copies of the protocols of the trial proceedings;

The Meshchansky Court summarily rejected the hundred plus pages of objections filed by the defence wherein the defence identified substantial differences in the witnesses’ testimony, the omissions of arguments essential to the defence case, and the manipulation of witness testimony and documentary evidence to create support for the verdict;

The Meshchansky Court attached materially significant documents to the trial record that were not presented at the trial;
Prison officials interfered with Messrs. Khodorkovsky’s and Lebedev’s ability to review the protocols and assist in the preparation of the briefs and arguments on appeal;

Mikhail Khodorkovsky was moved into a crowded cell;

Platon Lebedev was placed in isolation; and

This Court set an accelerated appeal date denying the defence the appropriate time to submit its briefs and prepare for the hearing.

During the past few days, our Russian colleagues defended Mr. Khodorkovsky’s right to be properly represented in this appeal. Unfortunately, we have no legitimate expectation that he will receive a fair and impartial review of either the abuses committed during the appeal or the flaws in the Meshchansky Court’s verdict.