Monaco’s Court of Appeal has annulled all criminal proceedings initiated in September 2017 against Russian billionaire Dmitry Rybolovlev and his lawyer, Tetiana Bersheda. The ruling, delivered on 27th February, follows a June 2024 decision by the European Court of Human Rights (ECHR) that deemed the extraction and use of data from Bersheda’s mobile phone a violation of Article 8 of the European Convention on Human Rights, which safeguards the right to private life.
The ECHR’s unanimous judgment criticised the investigative actions of Monegasque authorities, stating that the scope of the investigation had been excessively broad and lacked necessary safeguards to protect Bersheda’s professional privilege as a lawyer. The Court noted that the investigating judge had authorised a comprehensive telecommunications report of Bersheda’s phone without clear limitations, leading to the massive and indiscriminate collection of personal data, including previously deleted messages.
See: Monaco investigation into Lawyer Bersheda violated privacy rights, rules ECHR
In light of the ECHR’s findings, the Monaco Court of Appeal, upon the request of the investigating judges and with the agreement of the General Prosecutor’s Office, concluded on 27th February that the proceedings were fundamentally flawed. The court agreed that the case against Rybolovlev and Bersheda was built solely on evidence obtained from the unlawful examination of Bersheda’s phone. Consequently, the criminal proceedings initiated in September 2017 were annulled.
“The only conceivable decision was to annul all of these irreparably flawed proceedings, in which Dmitriy Rybolovlev and his lawyer were unjustly indicted in 2018,” stated Rybolovlev’s lawyers in a statement.
The development marks the conclusion of all legal actions against Rybolovlev and Bersheda in Monaco.
In October 2024, the Office of the Attorney General of Switzerland took note of the ECHR ruling and dismissed the criminal proceedings that were based on the unlawful use of Bersheda’s phone. In November 2023, Rybolovlev was cleared of charges related to an alleged invasion of privacy, and in March 2024, Bersheda was acquitted of similar allegations. With the annulment of the 2017 proceedings, there are no longer any criminal cases pending against them in the Principality.
The legal saga, often referred to as “MonacoGate”, originated from a dispute between Rybolovlev and Swiss art dealer Yves Bouvier over allegations of art fraud amounting to approximately one billion euros. The case expanded over the years, involving multiple jurisdictions and leading to various legal challenges. The recent ruling by Monaco’s Court of Appeal signifies a pivotal moment, effectively bringing an end to the prolonged legal battles faced by Rybolovlev and his legal counsel.
Update 28/02: Monaco responds
In a press statement released 28th February, the Monaco Prosecutor’s Office said,” The Attorney General acknowledges the decision of the Council Chamber of the Monaco Court of Appeal to annul all the substantive documents of the proceedings followed on the counts of active and passive influence peddling, passive bribery by a national public official, active corruption of national public officials, illegal taking of interests, violation of professional secrecy, and complicity and concealment, against Régis Asso, Tetiana Bersheda, Jean-Pierre Dreno, Frédéric Fusari, Christoph Haget, Paul Masseron, Antoine Narmino, Christine Giudici épouse Narmino, Philippe Narmino and Dmitriy Rybolovlev.
“The decision of the Court of Appeal, which considered that the authority of res judicata could not be invoked, is consistent in substance with what had been requested by the prosecution, which will not file an appeal for review.”
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