September 15, 2005
“I believe that the lawyers for Khodorkovsky and Lebedev are under close surveillance”
Anything is possible under our system of justice, even an appeal hearing with no lawyer present. The hearing itself was scheduled over a ridiculously short period of time, and that is a gross violation of the law. It is important to note that the decision on the appeal hearing was issued by a District Court. Nothing can surprise me anymore. The authorities are trying to produce the final sentence in the Khodorkovsky case as soon as possible in order to prevent him from running for election to the Duma. If the Moscow City Court hears the appeal without Genrikh Padva who is ill at this time, our justice system will be setting a new record. Such things have never happened since Stalinist times – and even then, if a lawyer was ill, the hearings were postponed or a new lawyer was invited to attend.
As to Prosecutor Shokhin’s position on Mr. Padva’s health, the court and the Prosecutor-General’s Office have the right to procure a certificate from the Department of Health. Law enforcement agencies pay no regard to medical confidentiality anyway.
I am alarmed by other things. Dmitri Shokhin must have known about Genrikh Padva’s hospitalization before the court session, since he had procured such a certificate in advance. However, Padva did not inform anyone about his admission to hospital. Shokhin also knew that Padva was the only lawyer for Khodorkovsky who could defend him in the appellate hearing. I suspect that the lawyers for Khodorkovsky and Lebedev are under close surveillance. I can feel that myself.