Billionaire Rybolovlev’s lawyers ready to file lawsuit with ECtHR over Monaco court decision on SMS
In connection with the decision of the High Courts of Cassation, the lawyers of businessman Dmitry Rybolovlev stated that they could appeal to the European Court of Human Rights (ECtHR). A representative of a businessman also reported the opportunity to apply to the ECtHR.
The lawyers for the Russian businessman and owner of the Monaco football club, Dmitry Rybolovlev, promised to appeal to the European Court of Human Rights over the decision of the High Courts of Cassation, which was adopted on January 8.
This is stated by lawyers Herve Temime and Thomas Giaccardi to RBC.
“The decision of the Monaco court does not comply with the fundamental principles governing any criminal procedure. The study of maitre Bersheda’s mobile phone and the use of confidential information contained during a trial constitutes a gross violation of professional secrecy and the right to privacy. In this regard, we plan to transfer the case to the European Court of Human Rights for consideration, to ascertain the violation of the basic rights of the accused by the authorities of the municipality,” the lawyers said.
Rybolovlev’s lawyers tried to challenge the use of SMS of attorney Tatiana Bersheda as evidence. They got to the investigating authorities in connection with the investigation of charges against art dealer Yves Bouvier. Rybolovlev lawyers believe that the businessman lost about €1 billion because of the sale of paintings at inflated prices.
However, messages from the Bersheda’s phone became evidence in another trial - on corruption in the higher echelons of the power of the Principality of Monaco.
A representative of Rybolovlev, in his statement, noted that the investigation had not reviewed the evidence in the Bersheda’s phone on the Bouvier case, but had withdrawn the rest of the correspondence. “On February 25, 2015, Yves Bouvier and Tanya Rappo were arrested in Monaco. Tanya Rappo, a close friend of the Rybolovlev family in the past, once introduced them to Bouvier. For ten years, she received a commission from Bouvier for transactions totaling about $100 million. Three days later, they were charged and then placed under judicial control,” he said.
Bersheda recorded one of the conversations with Rappo. “Thus, for two years, from April 2015, when Bersheda transferred the recording of her conversation with Rappo, to January 2017, when the investigators demanded that Bersheda give them her phone, the investigative authorities did not seem to be interested in her device. So, by the end of 2018, an audio file containing a conversation with Rappo was not reviewed in any way (checking the integrity of the recording and the quality of its translation). But all the other data - personal correspondence, mail, and call information - were withdrawn and carefully studied since the summer of 2017,” the representative of the businessman explained.
Bouvier data were remotely deleted from the phone directly during the arrest, the statement says. “As part of this case, in February 2015, the phones of Yves Bouvier and Tanya Rappo were seized by the police. The data were remotely deleted promptly. Investigators and investigative bodies did not try to understand how this could have happened. Although this action is the destruction of evidence, probably with the aim of hindering the course of the investigation,” said the representative of Rybolovlev.
According to him, in the case where Rybolovlev opposes Bouvier and Rappo, “justice does not take the elementary actions to obtain evidence of fraud and money laundering from this crime, while in the investigation in relation to Bersheda and Rybolovlev is going very quickly and in violation of professional secrecy.”