Court Watch
for ulterior motives was not sufficient to prove a violation of Article 18.” Also, evidence that government officials pushed for Khodorkovsky’s prosecution for personal reasons was insufficient to conclude that Khodorkovsky would have been convicted otherwise and lacked distinct political characteristics. Therefore, those reasons did not grant Khodorkovsky immunity from answering the accusations lodged against him.
The ECtHR also found that the proceedings vio- lated Article 5 §§3 and 4 (right to liberty and se- curity) regarding the length of Lebedev’s deten- tion on remand and the delayed examination of a detention order. The Court reasoned that the domestic court’s concerns over evidence tam- pering were reduced because Lebedev no longer commanded any influence over company person-
nel. The Court also held that the 26-day delay in examining the appeal against the detention order was unjustified.
The Court also found that there had been a viola- tion of Article 8 (right to respect for private and family life) regarding Khodorkovsky’s and Lebe- dev’s transfer to penal colonies in Siberia and the Far North. The Court found that the Russian Code of Execution of Sentences only permits sending prisoners to the next closest region, not thou- sands of kilometers away as was the case here. The Court stressed that the prison population must not be managed solely at the discretion of administrative bodies and that prisoners’ inter- ests in maintaining family ties had to be taken into account. Additionally, the Court found that there had been a violation of Article 6 §§1, 3(c),
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702.indd 1 ILSA Quarterly » volume 22 » issue 1 » October 2013 9/18/13 8:50 AM
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