Mikhail Khodorkovsky - Outcome of Second Trial

Outcome of Second Trial

Khodorkovsky became eligible for parole after having served half of his original sentence, however, in February 2007, state prosecutors began to prepare new charges of embezzlement, leading up to a second trial which began in March 2009. Prosecutors filed new charges against Khodorkovsky, alleging that he stole 350 million tons of oil, charges which Kommersant described as "Compared with the previous version, only stylistic inaccuracy has been improved, and some of the paragraphs have been swapped." Others pointed out that the new charges were impossible given that he was previously convicted on tax evasion of the same allegedly stolen oil. According to Khodorkovsky's lawyer Karinna Moskalenko, "The position of the prosecutors is also self-contradictory. (...) Khodorkovsky is now serving a sentence for tax evasion, and if they are asserting that he stole all the oil his company produced, what did he go to prison for the first time if there was nothing to be taxed?"

During a visit to Moscow in July 2009, President Barack Obama said: "it does seem odd to me that these new charges, which appear to be a repackaging of the old charges, should be surfacing now, years after these two individuals have been in prison and as they become eligible for parole."

The verdict was originally scheduled for 15 December, but was delayed without explanation until the 27th. Just a few days before the verdict was read by the judge before the court, Vladimir Putin made public comments with regard to his opinion of Khodorkovsky's guilt, saying "a thief should sit in jail." On 27 December 2010, Judge Viktor Danilkin handed down a guilty verdict, convicting Khodorkovsky and Lebedev of stealing the full 350 million tons of oil, instead of the reduced 218 million tons as requested by the prosecutors. The judge sentenced them to 13.5 years in prison, later reduced to 12 years, one year less than the maximum sentence, which, when combined with time already served, will keep them in jail until 2017.

On 24 May 2011, Khodorkovsky's appeal hearing was held, and Judge Danilkin rejected the challenge. Following the rejection of the appeal, the human rights group Amnesty International declared Khodorkovsky and Lebedev as "prisoners of conscience," remarking in a statement that "Whatever the rights and wrongs of Mikhail Khodorkovsky and Platon Lebedev's first convictions there can no longer be any doubt that their second trial was deeply flawed and politically motivated."

In June 2011, Khodorkovsky was sent to prison colony No. 9 of Segezha, in the northern region of Karelia near the Finnish border.