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    Cassation appeal of the defence to the judgment of conviction of the Moscow City court, pronounced on the 17-th of August 2006 | 14 Feb 2007

    At the court session of the Supreme court of the Russian Federation on the 14-th of February, 2007 Alexey Pichugins lawyers presented a cassation appeal against the judgment of conviction (from 17.08.06), stated on 89 sheets. We site a fragment of this appeal.

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    To the judicial division for criminal cases of the Supreme court of the Russian Federation of the lawyers

    Kaganer G. S., Kostromina K. L., Kurepin D. V. In defense of Pichugin Alexey Vladimirovich. Against the judgment of the Moscow City court from the 17-th of August 2006

    Cassation appeal

    (added)

    By the judgment of the Moscow City court from the 17-th of August 2006 Pichugin A. V. was return guilty in committing crimes, provided by p. 3, Art. 33, s. p. «, » p. 2, Art. 105 of the Criminal Code of the Russian Federation, p. 3, Art. 33, s. p. «, , , » p. 2 Art. 105 of the Criminal Code of the Russian Federation, p. 3 Art. 30, p. 3 Art. 33 s. p. «, , » p. 2 Art. 105 of the Criminal Code of the Russian Federation, p. 3 Art. 33 s. p. «, , , , », p. 2 Art. 105 of the Criminal Code of the Russian Federation. He was imposed punishment in the form of the deprivation of liberty for a period of 21 years; on the base of p. 5 Art. 69 of the Criminal Code of the Russian Federation to the punishment, imposed according to the sentence there was partially added the unexpired punishment according to the sentence from the 30-th of March 2005 and finally Pichugin was imposed the punishment in the form of 24 years of imprisonment with serving his sentence in a colony of strict regime.

    Pichugin A. V. both at the preliminary investigation, and during the court session did not plead guilty on brought charges and showed that he hadnt committed any crimes and he hadnt known about them. He hadnt been acquainted with the defendants, he had seen Ovsyannikov one time accidentally.

    Alexey Pichugins defense considers the judgment of the court unlawful and baseless, passed with violations of the Russian and the international legal rules, and is subject to setting the judgment aside with a dismissal of the criminal case regarding Alexey Pichugin in connection with his non-participation in committed crimes.

    In the course of the preliminary investigation of this case, and also in the course of the trial, there occurred the violations of the Criminal Procedure Code of the Russian Federation and of the European Convention on Human Rights and Fundamental Freedoms. Besides, this sentence is the consequence of the unfair trial regarding Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms because of the violation of a principle of the parties equalities in the trial, and also of non-impartiality of the court. Besides, Pichugin A. V. is the victim of his rights violation, assigned in the Article 18 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in the aggregate with the Article 6 of the Convention, as the criminal prosecution of Pichugin A. V. was carried out not with the purpose of exposure of the crime and punishment of the person, guilty in their committing, but was the result of the actions of the General Prosecutors Office of the Russian Federation against the «Yukos» oil company and its leaders.

    Since May, 5, 1998 The Russian Federation has been under the jurisdiction of the European court of Human Rights. It means that since this date Russia has considered:

    — the obligatoriness of strict observance of standards and demands of the European Convention for the Protection of Human Rights and Fundamental Freedoms;

    — the rights of the European Court of Human Rights to consider individual complaints to the Russian Federation concerning violation of human rights, guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, with the pronouncement of judgments, obligatory for implementation by the Russian Federation.

    Thus, any violation of human rights, guaranteed by this international document, can be the subject of bringing the matter before the European Court of Human rights. It gives the defense the right and the grounds to consider this criminal case for the purpose of presence of violation of the foregoing international document and of the European Court of Human Rights practice.

    Besides, one of the conditions for bringing the matter before the European Court of Human Rights is the exhaustion of all effective domestic means of legal defense, the last of which the court of cassation is.

    The Russian court, as any other court of the member country of the Council of Europe, has to, along with the standards of the internal procedural criminal legislation, follow also the European Convention for the Protection of Human Rights and Fundamental Freedoms, as, according to the Article 15, part 4 of the Constitution of the Russian Federation, «… the standards of the international law and international agreements of the Russian Federation are the components of its legal system». Moreover, if this standards conflict with the internal legislation, «the rules of the international agreement are used».

    Obligatoriness of standards of the Convention does not give rise to doubt also because a legislator in p.4 Article 413 of the Procedural Criminal Code of the Russian Federation among new circumstances of the case, which are the reasons for resumption of the proceedings of the case, points such circumstance as «the established by the European Court of Human Rights the violation of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms under the consideration by the Russian Federations court of the criminal case, connected with violations of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms».


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