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    Petition for Review Passed by Aleksey Pichugin defense lawyers on 14 June 2005 | 15 Aug 2005

    The Supreme Court of RF declined the petition for review presented by Aleksey Pichugin defense lawyer, who applied for the reversal of the sentence because of numerous violations involved.


    On the 30th of March 2005, A.V.Pichugin was found guilty of commission of several crimes according to the conviction passed by the trial by jury of the Moscow City Court. The composition of the court included N.I.Olikhver, the president of the court and the trial jury. The punishment imposed on A.V.Pichugin was deprivation of liberty for a period of 20 years to be endured in the high-security prison.


    The Defense of A.V.Pichugin considers the conviction to be unlawful and unjustified. It was passed with violation of domestic and international laws so it should be reversed and the case should be reopened.


    Violation of the Russian Criminal Procedure Code and the European Convention on Human Rights and Fundamental Freedoms resulted from violation of the criminal procedure by N.I.Olikhver, the president of the court. As a consequence A.V.Pichugin suffered the deprivation of the guaranteed rights.


    The main infringements of Aleksey Pichugins rights during the criminal procedure were as follows:


    1. The indictees right to take part in the oral statements of the parties was not granted.


    2. As a violation of Constitution of RF, the Russian Criminal Procedure Code, the European Convention on Human Rights and Fundamental Freedoms the proceedings against Pichugin have been held in camera.


    In spite of the fact that no information classified as „secret“ was examined during the court session and the Defense more than once petitioned for the open trial even with the reference to Resolution of the Parliamentary Assembly of the Council of Europe the court refused all the appeals.


    3. Violation of the regulations of the criminal procedure concerning the permission given to the Defense to challenge N.I.Olikhver, the president of the court by N.I.Olikhver, the president of the court herself.


    N.I.Olikhver, the president of the court dismissed all the challenges and continued the examination of the case being challenged.


    It resulted in the fact, that the court of unlawful composition examined the criminal case of accusation of A.V. Pichugin, as the president of the court had got an unconsidered challenge.


    4. Violations of the Russian Criminal Procedure Code at the interrogation of the witnesses at the trail by the court.


    During the hearing of the case not all the witnesses interrogated in the trail were warned of criminal responsibility for refusal to testify as a witness or a victim.


    The above-mentioned behavior of N.I.Olikhver, the judge is the evidence of her prejudice and accusatory favor, as well as of her interest in the verdict of „guilty“ passed by the jury in this case.


    5. The evidences obtained under the conditions of violation of the law were examined in the presence of jury. N.I.Olikhver, the president of the court allowed the Prosecution to examine the evidences obtained under the conditions of violation of the law in the presence of jury. It caused violation of the provisions of the Constitution of RF and the Russian Criminal Procedure Code providing for inadmissibility of the examination of the evidences obtained under the conditions of violation of the law in the judicial process.


    6. In the oral statements of the parties the Prosecution referred to the evidences, which were not examined in the trail.


    7. Statements beyond the actual accusation aimed at influencing over the jury.


    As a violation of the Russian Criminal Procedure Code the Public Prosecution questioned the witnesses to clarify the circumstances, which were not actually the circumstances of the case and were prohibited for examination in the presence of the jury. It was aimed at influencing over the jury to form the negative attitude to A.V.Pichugin, the indictee.


    8. The court did not give the Defense sufficient time to prepare to the oral statements of the parties.


    N.I.Olikhver, the president of the court refused to satisfy the appeal of the Defense of one additional day to prepare to the oral statements of the parties. She did not present any motivation of her refuse. It restricted A.V.Pichugins rights of defense guaranteed by the criminal law and impeded lawful, well-grounded and fair adjudication.


    9. Violations of the Russian Criminal Procedure Code at formulating questions to the jury by the court.


    10. Absence of one of the members of the jury in the courtroom during the examination of the case.


    As a violation of the Russian Criminal Procedure Code A.A.Zubakov, member # 6 of the jury was absent during the hearings on the 28th of January, 03rd and 07th of February 2005.


    11. Pressure put on the jury by the Public Prosecution and the court.


    The court together with the Prosecution violated the principle of adversary character of the judicial process and equality of parties stated in Clause 15 of the Russian Criminal Procedure Code and in Clause 6 of the European Convention on Human Rights and Fundamental Freedoms. It restricted substantially A.V.Pichugins rights of defense and of examination of his case by an independent and impartial court. It resulted in passing unlawful and groundless sentence.


    12. Lack of independence and prejudice of N.I.Olikhver, the president of the court.


    N.I.Olikhver, the president of the court informed O.A.Egorova, the president of the Moscow City Court of all the details of the examination of the A.V.Pichugin case of in spite of the fact that the proceedings were held in camera.


    The behavior of N.I.Olikhver, the judge is the evidence of her prejudice, dependence on the president of the Moscow City Court in her judgments and her personal interest in the outcome of the criminal case in question.


    Thus, it was violation of A.V.Pichugins right of just examination of his case by an independent and impartial court, the right of a fair trial stated in Clause 6(1) of European Convention on Human Rights and Fundamental Freedoms.


    13. Violation of the Federal Law of RF of „The Jury of Federal Courts of General Jurisdiction in the Russian Federation“.


    As a violation of the Federal Law of RF of „The Jury of Federal Courts of General Jurisdiction in the Russian Federation“ at the moment of composing the jury that presented the verdict of „guilty“ as the base for passing the conviction to A.V.Pichugin the general and reserve lists of the candidates to the jury were not published wholly in the media of the municipal institutions.


  • Zoya Svetova: Who is it, Mikhail Savitsky, conducting an interrogation of Aleksey Pichugin
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  • Statement of Igor Viacheslavovuch Sutyagin
  • The 13th anniversary of Alexei Pichugins arrest
  • Mikhail Khodorkovsky: «An innnocent man, Alexey Pichugin, is still behind bars»
  • The European Court of Human Rights. CASE OF PICHUGIN v. RUSSIA. Judgment
  • Sabine Leutheusser-Schnarrenberger about Alexey Pichugin case
  • Leonid Nevzlins interview about the «case»
  • The «Amnesty International» is anxious about Alexey Pichugins condition

  • Trial of vengeance

  • Journalist Valeriy Shiryaev on the first case of Aleksey Pichugin in his book «Trial of vengeance. The first victim of the YUKOS case»
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