PASS have refused appointment to oligarchs
It in advance has made inquiry about a meeting with in custody Michael Khodorkovsky, Platon Lebedev and Alexey Pitchugin, and also with the chairman of the court, running their business.
the Representative the PASS has counted necessary to talk over during the visit and with a management of the Ministry of Justice of the Russian Federation, the State Office of Public Prosecutor, members of the Russian delegation in Parliamentary assembly of the Council of Europe and representatives of non-governmental human rights organisations of the Russian Federation.
the secretary general who has Visited recently Moscow of the Council of Europe Walter Shvimmer has told that Lojthojzer - Shnarrenberger is directed to Russia, “ really to see a situation, instead of to judge it on hearings and articles in a press “. But the PASS the judge has refused to the representative appointment to Khodorkovsky, Lebedev and Pitchugin.
Khodorkovsky Karina Moskalenko`s Lawyer such refusal considers unreasonable. She says that suspected and accused on the basis of the written permission of the person or body in which manufacture there is a criminal case, can receive no more than two appointments in a month with relatives or “ other persons “. According to the lawyer, the representative the PASS just also gets to a category “ other persons “. And appointment as considers Moskalenko, should give, “ if they had nothing to hide “.
the Chairman of Petty-bourgeois court in the refusal too has referred to the law. Alexander Lukashenko has written in refusal that “ the representative the PASS does not enter into a circle of persons which according to criminally - the remedial legislation can count on visitation of prisoners in prison. Near relations, lawyers, priests and consuls enter into a circle of such persons, if the concluded citizen of the foreign state “.
Refusal in appointment in this situation, consider judicial, it is lawful, because in the law it is accurately registered: at a stage of a consequence appointment is possible only from the written approval of those who carries on an investigation, and at a court stage - with the consent of the one who conducts litigation. To resolve appointment of the defendant to the representative the PASS or not the judge solves in this case only. However, its refusal under the law can be challenged.
Article 18 of the Federal law “ About holding in custody of crimes suspected and accused of fulfilment “:
“ Suspected and accused appointments to the defender are given from the moment of actual detention...
Appointment to relatives or other persons is carried out under control of employees of places of holding in custody “.
“ Suspected and accused it is authorised to correspond with relatives or other persons without restriction of number of received and sent telegrammes and letters... Correspondence is carried out only through administration and is exposed to censorship... “