Lebedev Judgment Velsk 27 July 2011

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Case No. 4/18-167/2011

JUDGMENT

Town of Velsk 27 July 2011

Judge of the Velsk District Court of Arkhangelsk Oblast, N.M. Raspopov, with

the participation of:prosecutor of Velsk Rayon, S.P. Semenov, deputy prosecutor of Velsk Rayon, M.Yu.

Kozlov, convict P.L. Lebedev,

lawyers: E.L. Liptser, K.Ye. Rivkin, V.N. Krasnov, A.Ye. Miroshnichenko and L.I.

Vazerkina,

with secretary N.K. Barakshina,

and a representative of the FKU IK-14 of the UFSIN of Russia for Arkhangelsk

Oblast, A.N. Korsunsky,

considered lawyer E.L. Liptser's application for conditional early release of convict

Platon Leonidovich Lebedev, born 29 November 1956 in the city of Moscow.Having reviewed the submitted materials, questioned witnesses, heard the

lawyers, the convict and the representative of FKU IK-14 and listened to the opinion

of the prosecutors, the court

ESTABLISHED:

P.L. Lebedev was convicted and sentenced on 27 December 2010 by the

Khamovnichesky District Court of the city of Moscow ([the sentence was] amended

by a cassation ruling of the Judicial Collegium for Criminal Cases of the Moscow

City Court of 24 May 2011) under Art. 160 para. 4 CC RF (as amended by FederalLaw of 07 March 2011), Art. 174-1 para. 3 CC RF (as amended by Federal Law of 07

March 2011), with application of Art. 69 para. 3 and Art. 69 para. 5 CC RF, to 13

years of deprivation of liberty to be served in a general-regime correctional colony.

Prior to that, P.L. Lebedev had been sentenced on 16 May 2005 by the

Meshchansky District Court of the city of Moscow ([the sentence was] amended by acassation ruling of the Judicial Collegium for Criminal Cases of the Moscow City

Court of 22 September 2005) under Art. 147 para. 3 CC RSFSR, Art. 159 para. 3 (a)

and (b) CC RF (as amended by Federal Law of 13 June 1996), Art. 165 para. 3 (a)

CC RF (as amended by Federal Law of 08 December 2003), Art. 198 para. 2 CC RF(as amended by Federal Law of 08 December 2003), Art. 33 para. 3 and Art. 199

para. 2 (a) and (b) CC RF (as amended by Federal Law of 08 December 2003), andArt. 69 para. 3 CC RF to 8 years of deprivation of liberty to be served in a general-

regime correctional colony.

The sentence is counted from 8 February 2007, taking into account the sentence

served from 02 July 2003 to 08 February 2007.

In her application for conditional early release of convict P.L. Lebedev, lawyer

E.L. Liptser pointed out that The crimes imputed to P.L. Lebedev were grave,pursuant to Art. 79 para. 3 (b) CC RF, he became entitled to a conditional early


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release having served a half of the sentence prescribed by the court, that is on 2January 2010, the court needs to take into account the unique personal

characteristics of P.L. Lebedev and complex factual circumstances of this case. P.L.

Lebedev in fact spent seven years in the conditions of an investigative isolator,despite being sentenced to [the conditions of] general regime of serving his sentence.

P.L. Lebedev is the father of four children and has three grandchildren. P.L. Lebedevsuffers from several chronic diseases and currently requires proper medical

examination and treatment.

In the court hearing, lawyer E.L. Liptser supported the application on the

announced grounds, having pointed out the existence of an objective character

reference letter for the period when he was held in the investigative isolator of the

city of Moscow, absence of reprimands, and payment of claims.

Lawyer V.N. Krasnov supported the application and pointed out positive

character reference about P.L. Lebedev, the fact that he stopped being dangerous forthe public, that he, P.L. Lebedev, had the right to file an application for conditional

early release from serving his sentence, pointed out P.L. Lebedev's good-faith attitude

toward fulfilling his duties in case of application of the conditional early release by

the court.

Lawyer L.I. Vazerkina supported the application and noted the existence ofpositive character reference information, both from the family members and other

citizens heard by the court during the court hearing. Having pointed out the existence

of guaranteed possible jobs, should the court decide to release P.L. Lebedev

conditionally early, she pointed out the lack of objectivity of the character reference

submitted by FKU IK-14.

Lawyer Rivkin supported the application and pointed out that the claimsdecisions on which were made by courts have been almost completely repaid (both

with various pieces of property and with monetary funds).

Lawyer A.Ye. Miroshnichenko supported the application and pointed out the

lack of objectivity of the character reference submitted by FKU IK-14 and that the

non-admission of guilt by P.L. Lebedev cannot serve as a ground for the conclusionof the administration of FKU IK-14 concerning the denial of conditional early

release.

Convict P.L. Lebedev in the court hearing supported the application forconditional early release and pointed out the length of the time he spent in detention

facilities, the lack of communication with his family and relatives, and the worsening

of his health.

The representative of the correctional facility FKU IK-14 of the UFSIN of

Russia for Arkhangelsk Oblast, A.N. Korsunsky, explained that convict P.L. Lebedev

is characterized negatively in the detention facilities; throughout the entire period of

serving his sentence he committed violations of the established procedure of serving

one's sentence; he has a reprimand that has not been lifted or extinguished; he does

not take measures to pay the claims; the administration believes that the convict hasnot stepped onto the path of correction; the administration of FKU IK-14 does not

currently support his conditional early release.


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full: full or partial repayment of damage, remorse in relation to what has been done,

and other information demonstrating that the convict has been corrected.

In the opinion of the court, this other information should include: absence of

gross violations, good-faith attitude toward labour and duties during the period ofserving the prescribed sentence, and respectful attitude toward other convicts and

employees of the correctional system.

As follows from the character reference submitted by the institution in which

convict P.L. Lebedev is serving his sentence, a note about commendations andreprimands and the case file, P.L. Lebedev has been serving his sentence since 16

May 2005, crediting in the time of his detention from 02 July 2003. While being held

in SIZO-1 of the city of Moscow, from 16 May 2005 to October 2005 the convict

committed a violation of the established procedure of serving one's sentence for

which he was subjected to a reprimand in the form of placement into karzer

[punishment dungeon].In the period from 11 October 2005 to December 2006, convict P.L. Lebedev

served his sentence in institution IK-3 of the settlement of Kharp of Yamalo-

Nenetsky Autonomous Okrug, where he committed 7 violations of the established

procedure of serving one's sentence, mainly rude attitude toward other convicts. For

two violations he was not reprimanded; for three he was admonished; for twoviolations the convict was deemed to be a notorious offender and placed in ShIZO

[punishment block]. At the same time, it is noted that during that time convict P.L.

Lebedev had a job, had a good-faith attitude toward labour, participated in the site

improvement work, and attended educational events, although reacted to them

weakly. The convict did not react to counselling sessions, did not admit his guilt in

the committed crimes, believed the claims to be unlawful, maintained relations withboth good and bad convicts, and was cautious and distrustful toward representatives

of the administration of the correctional facility.

While serving his sentence in SIZO-1 of the city of Chita from 26 December

2006 to February 2009, convict P.L. Lebedev again committed 7 violations of the

established procedure of serving one's sentence, which were, among others, numerousviolations of the Fire Safety Rules and failure to comply with lawful demands of the

administration. For the violations committed the convict was subjected to punishment

in the form of admonition.Documents concerning the committed violations of the established procedure of

serving one's sentence are contained in the case file examined by the court. Those

violations also apply to the period when the convict was in FKU SIZO-1 of the

UFSIN of Russia's for the city of Moscow.

Currently, the aforementioned reprimands have been extinguished in the

established procedure.

Upon arrival on 16 June 2011 from the investigative isolator of the city of

Moscow to FKU IK-14 of the UFSIN of Russia for Arkhangelsk Oblast, while he was

still in the quarantine unit, convict P.L. Lebedev committed a violation of the


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established procedure of serving one's sentence which was revealed on 28 June 2011

and for which he was not subjected to a reprimand (he underwent a counselling

session).

The alleged reprimand for the violation of the established procedure of servingone's sentence in the form of an oral admonition announced to convict P.L. Lebedev

on 06.07.2011 by the acting head of the group, Major of Internal Service A.A.Plakan, is not regarded by the court as subject to taking into account in view of the

absence of evidence that A.A. Plakan was the acting head of the group as of the day

of making the decision to reprimand convict P.L. Lebedev and also in view of theprovisions of Art. 117 para. 2 of the RF Correctional Code to the effect that a

reprimand shall be made by the head of the correctional facility or a person acting in

his stead.

From the explanations of the representative of the administration of FKU IK-14,

A.N. Korsunsky, and the character reference submitted by the correctional facility itfollows that convict P.L. Lebedev was dispatched to group No. 7 of FKU IK-14; he

takes part in the site improvement work; he filed an application to be given a job of

an assistant worker; he reacts positively to measures of an educative character,

however does not always make the correct conclusions for himself; does not take

measures for voluntary repayment of claims believing the reprimands to be unlawful;he has not admitted his guilt in the committed crimes; throughout the entire period of

serving his sentence he has no commendations; in communication with

representatives of the administration of the correctional facility he does not always

follow the procedure for relations provided for by the Rules of Internal Order.

The convict has not lost social ties.

Neither the lawyers, nor the convict himself submitted information about theimpossibility to serve his sentence due to a grave illness. Medical certificates

concerning convict P.L. Lebedev's state of health available in the case file do not

contain information confirming the impossibility to serve the sentence prescribed to

him either.

The information submitted by the lawyers concerning the full repayment ofclaims by way of adoption by the Meshchansky District Court of the city of Moscow

of an order of 09 March 2007 concerning channelling ordinary shares in OAO NK

Yukos owned by other companies but actually belonging to M.B. Khodorkovskycontains no information about the order coming into legal force and its enforcement.

Under the verdict of 16 May 2005, the court made a decision to channel the

monetary funds available on his accounts toward the payment of damages in the

granted civil suit. However, those amounts are not commensurable with the suit

granted the payment of which is being done by bailiffs-enforcers by way of

enforcement, including at the expense of the discovered property of the convict; this

confirms the lack of P.L. Lebedev's intentions to pay them voluntarily.


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Article 79 CC RF provides for a right, not an obligation, of a court to apply a

conditional early release from serving one's sentence.

P.L. Lebedev is serving his sentence for the commission of gross crimes, he hasno remorse for what he has done, for a long period of time he has been committing

violations of the established procedure of serving one's sentence, did not have asingle commendation, the dynamics of his behaviour does not confirm his intent to

abide by the law.

Taking into consideration the above and the opinion of the administration of thecorrectional facility and the prosecutor, the court believes that the purposes of the

punishment indicated in Arts. 2 and 43 CC RF have not been achieved and there are

no grounds to find P.L. Lebedev not to require serving further sentence, and therefore

the application of E.L. Liptser and P.L. Lebedev for the conditional early release of

P.L. Lebedev shall be denied.

Pursuant to Arts. 397 para. 4 and 399 CCP RF, the court

ADJUDGED:

The application for conditional early release of Platon Leonidovich Lebedev

from serving his sentence shall be denied.

The judgment can be appealed to the Arkhangelsk Oblast Court through the

Velsk District Court within ten days from the day of its issuance; the convict can

appeal it within the same time frame from the day when a copy of the judgment is

served on him.

Judge [signature] N.M. Raspopov

[seal of the Velsk District Court] [seal of the Velsk District Court]

[round stamp For Documents of the

Velsk District Court]

TRUE COPY

Judge [signature] N.M. Paspopov

Verdict, judgment

has not come into legal force

as of28 July 2011

Judge [signature] N.M. Paspopov

Secretary Barakshina

Totally bound, numbered and

Sealed 3 (three) sheets

as of28 July 2011

Secretary Barakshina