The Meshchansky Court of Moscow extended once again the term of Mr. Khodorkovsky's custody by three months on January 28. Thereby, the court met the petition earlier filed by the prosecution.
"We asked the Moscow City Court to cancel the decision of the district court to extend Mr. Khodorkovsky's custody as being illegal and unsubstantiated," Karina Moskalenko, Mr. Khodorkovsky's lawyer, said earlier.
The defense based its appeal on the violation of Mr. Khodorkovsky's right to defense and of Article 3 of the European Human Rights Convention, said Ms. Moskalenko.
"The Meshchansky Court provided no opportunity for the defense to prepare its counterarguments," she said.
She noted that Mr. Khodorkovsky has been detained for over a year, and that his daily trips to court sessions "deprive him of normal nourishment and fresh air."
Mr. Khodorkovsky's custody was to have expired on February 14, 2005. However, in his petition, the prosecutor asked to extend the term for fear that Mr. Khodorkovsky could hide and because he had connections outside the country and could influence the witnesses.
Mr. Khodorkovsky's lawyers appealed the decision on the grounds that it was unsubstantiated and premature, they said.
"Mr. Khodorkovsky should be freed from custody. The prosecutor's arguments hold no water. No evidence has been provided to prove his possible escape," Lawyer Genrikh Padva said in court.
He noted that Mr. Khodorkovsky had repeatedly left the country for the U.S. after Mr. Lebedev's arrest and always returned. Mr. Khodorkovsky and Mr. Lebedev are facing charges on seven articles of the Criminal Code, including large-scale fraud and tax evasion.
