Svetlana Bakhmina

Svetlana Bakhmina (born 13 October 1969 in Moscow) was a middle-ranking legal executive for Yukos, the Russian oil company who was arrested and tried on charges of tax evasion and embezzlement. She is currently imprisoned.

Arrest and trial

Svetlana Bakhima was arrested on 8 December 2004 and tried on charges of tax evasion and embezzlement. On 19 April, 2006 she was sentenced to two years imprisonment for tax evasion and six and a half years imprisonment for embezzlement, which the Simonovsky district court combined into a seven year prison term in a high-security penal colony.

Appeal

Following an appeal, the conviction for tax evasion was overturned in the Moscow City Court on 24 August, 2006, and her sentence was accordingly reduced to six and a half years. At the same hearing, Svetlana Bakhmina was given leave to appeal for a postponement of the prison term because she has small children. Consequently, on 19 September, 2006 Svetlana Bakhmina appealed to the court for a deferral of her sentence for nine years (under Russian law, a person whose sentence is deferred in such a way can be allowed temporary liberty). The decision of the court was to refuse her appeal.

Appeals for an early conditional discharge refused

On 27 May 2008 Bakhmina appealed to the Zubovo-Polyansky court of Mordovia for an early conditional discharge. The appeal was refused.

On 10 September 2008 Bakhmina once again appealed to the Zubovo-Polyansky court of Mordovia for an early conditional discharge, as she had served half of her term. The appeal was refused despite the fact that Bakhmina was, and still is, in her seventh month of pregnancy [ [http://www.izbrannoe.ru/45551.html Светлана Бахмина родит в колонии?] Izbrannoye.ru 15 September, 2008] .

Reaction

The case has attracted particular attention because a number of commentators have expressed the view that Svetlana Bakhmina was not guilty of any offence, and that she is in effect a political prisoner as a consequence of a politically-motivated vendetta by the authorities against Yukos and its executive officers. Specifically, it is alleged that Svetlana Bakhmina was victimised because the prosecuting authorities were not able to lay hands on the Yukos legal executive they wanted to bring to trial, general counsel Dimitry Gololobov, and chose to prosecute Svetlana Bakhmina because she was the only legal officer they could find.

The case is considered especially tragic because Svetlana Bakhmina, then 36, is the mother of two little boys who at the time of her arrest were aged 2 and 6 years respectively. She was reportedly arrested at five in the morning, and refused bail for apparently no good reason, and as a result was not permitted to see her children even once in the sixteen months from the time of her arrest to the passing down of the sentence of imprisonment. In 2005 she went on hunger strike after her custodians in a pre-trial detention centre refused to allow her to make paid telephone calls to her sons.

Lawyer's reaction

The lawyer for the imprisoned Yukos chief executive Mikhail Khodorkovsky, is Robert Amsterdam, a Canadian. In an interview he gave to Radio Free Europe just after being expelled from Russia, and prior to the verdict on Ms. Bakhmina, Mr. Amsterdam said that "the procuracy has admitted that she is a hostage of the Kremlin. They want the former general counsel back and they are using her as a pawn to get her back."

As to the charge that Svetlana Bakhmina was guilty of embezzlement, it has been reported that no embezzlement actually took place, since the "victim" company – the Tomskneft oil company – has not filed any complaint and says, on the contrary, that it has suffered no such fraud.

Media reaction

An article, entitled "A Vicious Sentence", by Mikhail Fishman, appeared in Kommersant-Vlast on 24 April, 2006. The author described the Tomskneft case:"This concerns the assets of Tomskneft-VNK, taken over by YUKOS. The management of VNK resisted the takeover; it used a technique that was widespread in the late 1990s - making up a fictitious debt for the company, so that VNK appeared to owe somebody $440 million. All the same, YUKOS succeeded in acquiring the controlling interest. It refused to pay the fictitious debt, and transferred the assets of VNK enterprises to offshore zones. When the state, a minority shareholder in VNK, called on YUKOS to account for the transfer, YUKOS explained that it was a safeguard against attacks on the company by the fictitious creditors. All the enterprises in question were returned to VNK ownership almost a year before the auction at which YUKOS bought out the state's remaining stake in the company - at a fair market price, as the state later acknowledged.

"Nevertheless, Tomskneft (contrary to its wishes and to common sense) has been declared a victim, the temporary transfer of assets has been defined as theft, and the lawyer who carried out the orders of the company's real owners has been identified as the mastermind of the operation."

Trivia

A footnote to the case occurred when President George W. Bush visited St Petersburg in July 2006. According to a Washington Post report from 15 July, 2006, the President was told in person about the case of Svetlana Bakhmina when he met with "embattled activists" in St Petersburg. Irina Yasina, head of the NGO Open Russia, "appealed to Bush to raise with Putin the case of Svetlana Bakhmina, 36, a former attorney at Khodorkovsky’s oil company…. Yasina called the allegations bogus" (www.washingtonpost.com/wp-dyn/content/article/2006/07/14/AR2006071401539_pf.html.) "Bush said later that he promised the activists he would convey their concerns to Putin", whom he called his friend. However it is not known whether President Bush did subsequently raise the case of Svetlana Bakhmina in his discussions with President Vladimir Putin.

On 26 September 2008 a Bakhmina's classmate sent an open letter to President Medvedev appealing for clemency and calling for an immediate release of Bakhmina who is currently in her seventh month of pregnancy [ [http://grani.ru/Politics/Russia/m.141927.html Светлана Бахмина переведена в больницу] Grani 26 September, 2008] .

On 8 October 2008 site [ [http://bakhmina.ru Open Letter to Dmitry Medvedev] ] was launched. The site is devoted to the open letter "Help Svetlana Bakhmina" to President Dmitry Medvedev and allows adding readers signatures to the letter.

References

*cite news |title= Помочь Светлане Бахминой (Help Svetlana Bakhmina) |url= http://www.izbrannoe.ru/47343.html |publisher= Izbrannoe.ru |date= October 8, 2008
*cite news |title= British Lawyers Ask Putin to Release Yukos Law Counsel |url= http://www.mosnews.com/news/2005/02/11/bakhtinarelease.shtml |publisher= MosNews |date= November 2, 2005
*cite news |title= Court Turns Down an Appeal of YUKOS Ex-Lawyer |url= http://www.kommersant.com/p700085/r_500/Court_Turns_Down_an_Appeal_of_YUKOS_Ex-Lawyer/ |publisher= Kommersant |date= August 25, 2005