KHODORKOVSKIY'S WARDEN FILES PAROLE REPORT;

C O N F I D E N T I A L MOSCOW 002241

SIPDIS

E.O. 12958: DECL: 08/01/2018
TAGS: PGOV KJUS PHUM PINR RS
SUBJECT: KHODORKOVSKIY'S WARDEN FILES PAROLE REPORT;
HEARING ON EARLY RELEASE EXPECTED BY MID-AUGUST

REF: MOSCOW 2041

Classified By: Acting DCM Alice G. Wells; reason 1.4 (d)


1. (C) Summary: The warden of the prison in which former
YUKOS Oil Company head Mikhail Khodorkovskiy is being held
submitted to the local court in Chita the parole report
required as part of Khodorkovskiy's July 23 request for early
release (reftel). His St. Petersburg-based lawyer Yuriy
Shmidt told us that he expects an announcement by the court
August 4 concerning a hearing date, and that the hearing will
occur before the middle of August. Khodorkovskiy's lawyers
characterized the statement as "neutral" but noted that it
does contain one instance of a violation of prison rules. A
local prison official said that in order to be eligible for
early release, Khodorkovskiy would need to have worked well,
behaved himself, not broken any prison rules and "paid back"
the state and society for the damages caused by his crimes.
Most of our contacts downplay the possibility of an early
release. End Summary.


2. (C) The warden of the federal prison near the Siberian
city of Chita in which ex-YUKOS boss Mikhail Khodorkovskiy is
serving his eight-year prison term has submitted his parole
report to the local court deciding upon Khodorkovskiy's July
23 request for early release. Khodorkovskiy's lawyer Yuriy
Shmidt told us there were several boxes of supporting
documents accompanying the statement. Shmidt said that
attorneys who have reviewed the report told him that while it
is neutral in tone, it does contain one instance in which
Khodorkovskiy is claimed to have violated prison rules.


3. (C) Shmidt said that prison officials are opposed to
Khodorkovskiy's early release. Yunis Amayev, the head of the
Russian Federal Penal System for the Chita region, told
reporters that in order to be eligible for early release,
Khodorkovskiy would need to have worked well, behaved
himself, not broken any prison rules and "paid back" the
state and society for the damages caused by his crimes. Both
Amayev and Shmidt said that the warden's report is not
dispositive of Khodorkovskiy's request and that Ingodinskiy
District Court Judge Igor Falileyev will have the final say
in the matter.


4. (SBU) Shmidt told us that he expects the court will
announce a date for the parole hearing on August 4, and that
the actual hearing will be held before the middle of August.
According to Russian law, as a general rule, all sides in a
criminal proceeding must be given five days advance notice of
the date, time and place of any court hearing. While most
court hearings are open to the public, the court could close
the parole hearing if it rules that the procedures could lead
to a disclosure of state secrets or personal harm to the
participants in the hearing or their relatives or friends.
While not specifically spelled out under Russian criminal
procedure, as a general rule the prisoner is allowed to argue
in favor of the parole and use a lawyer to represent his
interests. The contents of the prison warden's report cannot
be appealed, but the decision of the presiding judge can be
appealed.

Comment
--------------


5. (C) Legal niceties aside, we do not expect that Judge
Falileyev will make his ultimate decision on Khodorkovskiy's
request for early release based solely on the contents of the
warden's statement on his activities in prison or the
persuasiveness of the arguments at the parole hearing. While
some human rights activists posit Khodorkovskiy's release as
a litmus test for Medvedev, most of our contacts believe the
imprisoned oligarch's political ambitions, native talents,
and potential for revenge continue to make him politically
toxic to a risk-averse Kremlin.
RUBIN