Tuesday, December 8, 2015

Khodorkovsky go home: why the former head of Yukos was summoned to Moscow – RBC

again accused

On Tuesday night the founder and former owner of Yukos, Mikhail Khodorkovsky issued a summons for questioning him on the case of former Yukos security chief Alexei Pichugin convicted for a series of murders. Later, Khodorkovsky said that also received a notice from the Investigative Committee of the “bottom of the charges against him.” Investigators plan to charge him on Friday, December 11, and are asked to arrive by 10 am in the building of the TFR in the Technical alley. The document, he also published on his page on Twitter.

A spokesman for the businessman Olga Pispasen told RBC that declaring Khodorkovsky wanted her to know nothing. She also noted that the businessman has no plans to return home. “It would be suicide – is now to come to Russia! Is he a little spent? “- Asks a rhetorical question Pispasen.

Russian President Vladimir Putin, taking a decision on clemency Khodorkovsky in December 2013, has no information about his possible involvement in other crimes, which are now governed by the investigating authorities, told reporters n res-secretary of the president, Dmitry Peskov. “There was information that there was now and was the reason for the action being taken by the investigating authorities” – quoted Peskov «Interfax».

«Suspicion and some information were available, but the investigating authorities did not stop their work. And in this case already the emergence of any new circumstances, it must inform the investigating authorities, “- said a spokesman for the president.

Location aware

As explained RBC former Khodorkovsky’s lawyer Vadim Klyuvgant, by law, the investigation has the right to declare a person on the wanted list, only if his whereabouts are unknown. “Where is Mikhail Borisovich, they [investigators] is known, he himself wrote about this in Twitter», – explained Klyuvgant.

As the publication of Khodorkovsky, he lives at Hanover sq. 16 (London). Earlier, the source of RBC from the environment businessman also confirmed that the disgraced oligarch is now in London. Also, he has a residence permit in Switzerland.

In accordance with the criminal law after the announcement of a person on the wanted list (including international) investigation may absentia to indict, and then apply to the court to arrest in absentia. This is necessary to ensure that, in particular, to send a request for extradition to the United Kingdom.

As explained by the lawyer of the former business partner of Khodorkovsky, Vyacheslav Lebedev, Vladimir Krasnov, the Russian side has repeatedly requested the extradition of the former “yukosovtsev” but there was not a single case of the United Kingdom considered Russia’s request reasonable. He noted that the two countries have not signed an agreement on cooperation and mutual assistance in criminal matters, but all communication takes place in the framework of multilateral international agreements.

From the point of view of procedure if the United Kingdom considers a request justified, it must delay of the its rights and the court to elect him a measure of restraint. A separate judgment is necessary, and in order to determine whether or not to meet the request for extradition. And the decision can be appealed to a higher authority. Only after passing through all these stages, a person may be transferred to Russia. According Krasnov, the whole process can take several years.

Mafia and Bastrykin

According Pispanen, summons for interrogation and possibly new criminal harassment may be related to the publication of material “things Spanish Russian mafia”, which appeared on the website “Open Russia”, an organization whose activities Khodorkovsky resumed after release. In these materials in corrupt relations accused the chairman of the Investigative Committee Alexander Bastrykin .

As the publication version of the Spanish prosecutor’s office is , that the leader of the gang was a businessman from St. Petersburg Gennady Petrov and myself organized crime groups involved in money laundering: buying up and reselling property. The case files are numerous telephone recording Petrov and his assistants, which is seen from its relationship with the State Duma deputies and security forces. From the text of wiretaps authors of the publication on the website “Open Russia” conclude that the chairman of the TFR Alexander Bastrykin owes his position to Petrov and his entourage.

Also, the materials “Spanish case” is seen, what Petrov lobbied arrest reputable businessman from St. Petersburg Vladimir Barsukov (Kumarin).

Petrov was arrested in Spain in 2008, but then, when he was under investigation, he was allowed to visit Russia. Back in Spain, he did not return. Messages about the case, he did not comment.

The TFR publication of these materials is also not comment.

Took the old

In the investigation it was ten years old, to condemn Khodorkovsky for the murder of Nefteyugansk mayor in person, says political analyst Alexei Makarkin . “If there were any grounds for prosecution, they would be used until the Khodorkovsky has been in the hands of the authorities,” – says the analyst. According to Makarkina , the new accusation against Khodorkovsky is due to resume after his release in social activities.

The former tycoon said that in his letter to Putin asking him to release promised that if he pardoned before the end of his prison sentence (24 August 2014), he devoted this time family, not politics. According to the Khodorkovsky , after August 2014, this kind of contract with the Putin has expired.

And in September last when Khodorkovsky announced restart his project “Open Russia”, created in 2001 and ceased operations in 2005 after extensive inspections of the Prosecutor General. Unlike the eponymous closed down the fund in an updated draft is not a numerous staff and experts work together on a voluntary basis, he told RBC coordinator of “Open Russia” Vladimir Kara-Murza.

As explained by employees of “Open Russia”, they are work in four main areas. In addition to the human rights organization have a website project with its own editorial staff, which publishes news, blogs and videos. For example, this spring “Open Russia” has released a movie about the head of Chechnya Ramzan Kadyrov.

«Open Russia” conducts public lectures, round tables, etc. In the summer, it was announced that Khodorkovsky along with politician Alexei Navalny money will help political prisoners. On the eve of the autumn elections this year, he started the project “Open elections”, which sent observers to the elections in the Kostroma region, where a candidate list of Coalition Navalny and Mikhail Kasyanov.

Former oil tycoon also intends to invest in creating the media of the former chief editor Lenta.ru Galina Timchenko, but the parties could not agree, and Khodorkovsky did not participate in the project Meduza.

Khodorkovsky regular public comments on current political and social events. He called his political opponents of Putin, spoke in favor of regime change in Russia, said that he was ready to lead a transitional government. Spring Khodorkovsky promised to help the Russian opposition to find money for elections.

«Khodorkovsky himself comes from the fact that engaging in politics – this electoral activity, and thus the creation of parties, participation in elections, etc. But Russian authorities have interpreted the policy widely and it includes the influence of public opinion, “- says Makarkin.

Billions of vessels

After the release of Khodorkovsky, Russia became play an unprecedented scale the amount of claims to it from shareholders based former oligarch companies.

In the summer of 2014 the Hague arbitration court ordered Russia to pay $ 50 billion to the former shareholders of Yukos. The court awarded them damages, including the value of their shares passed under the state control of Yukos, the amount of uncollected dividends and interest. Russia participated in the process, but after a negative decision for himself announced that does not recognize the jurisdiction of the court, and therefore appealed his decision to the District Court of The Hague. The arbitration court proceeded from the fact that Russia is bound by the provisions of the European Energy Charter for the Protection of the capital.

As part of the execution of court decisions abroad in 2015 began the arrest of Russian state assets. In early June, provisional measures were imposed by the authorities of Belgium. Almost at the same time in Paris was arrested building FSUE “Goszagransobstvennost” Office of the President of Russia, where leased premises MIA “Russia Today”. In France and Belgium were also arrested bills agency. He was later arrested for a stake in the French RTR Euronews SA In July, the US shareholders of Yukos began the judicial process in order to recognize the award of The Hague, which will allow them to demand the arrest of Russian property and on American territory.

Another big claim was lost by Russia in Strasbourg. At the end of July 2014 the ECHR ordered her to pay the former shareholders of Yukos compensation amounting to € 1,86 bn and € 300 thous. In respect of costs.

The Ministry of Justice and the State Duma stated that the decision is contrary to Russian Constitution and it should not be done. The Constitutional Court (CC) in the summer set the priority of the Constitution of the decisions of the ECHR. At the same time apply to the COP members made no secret that he did it precisely because of losing a court Yukos.

Last Friday, the State Duma adopted a law allowing the Constitutional Court to decide whether or not to decisions of international courts, including the ECHR.

The fact that there was a new case against Khodorkovsky played the role of another factor, says Makarkin. “There is a frustrating effect on the release of Khodorkovsky. He was released on the eve of the Olympics, as well as participating Pussy Riot and environmentalists Greenpeace, in the hope that Western leaders will attend the game. But no one appreciated these steps and did not come. Moreover, there have been developments in Ukraine, which Russia considers a conspiracy of Western countries. Apparently, it remains a desire to reconsider the decision to release him. Put him back will not be possible, and to do again the culprit in the eyes of society – yes, “- summarizes the expert.

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