Mikhailov asked the Court to release him as, he says, there are no evidence to prove that he committed the crimes and the statute of limitations has expired and he also does not agree with new charges.
The Lithuanian Court of Appeals is hearing the appeal case based on appeals by the defendant, his defense and the Prosecutor General's Office. Mikhailov's conviction cannot come into force before his appeal is heard. He is currently in custody.
The Court of Appeals' ruling is final and binding.
"Mikhailov has been convicted for very serious crimes, and a very severe punishment has been imposed. (…) The risk of him going into hiding, if released, is high. Besides, he is not a Lithuanian citizen," Judge Aloyzas Kruopys said.
The defendant did not wish to attend the Tuesday hearing.
This week marks five years since Mikhailov, formerly known as Nikulin, is detained. He was detained by Latvian police on 28 November 2007 based on a European arrest warrant issued by Lithuania. Latvia's Supreme Court rejected his appeal against extradition to Lithuania.
The Medininkai massacre case will be further heard in December.
Seven police and customs officers were shot to death at Medininkai checkpoint on the Lithuanian-Belarusian border during the attack in early hours of 31 July 1991. The only survivor, customs officer Tomas Šernas, suffered severe brain damage and became disabled.
Merely one individual has been convicted for the crime – Mikhailov, a Latvian citizen formerly known as Nikulin, was found guilty in spring 2011.
Lithuanian prosecutors have filed an appeal against the verdict, seeking that Mikhailov be sentenced for crimes against humanity. Appeals against the ruling was also submitted by the convict who categorically denies his complicity in the crime.
Lithuanian prosecutors issued charges against three more OMON officers - Cheslav Mlynik, Andrey Laktionov, and Alexander Ryzhov – in the crime and have issued European Arrest Warrants for their arrest; however, Moscow has refused to extradite them.
