International Society for Human Rights: Yanukovych case is politically motivated

Source : 112 Ukraine

The ISHR experts held the monitoring during the whole trial on the loss of Crimea since May 2017
19:17, 1 July 2019

Viktor Yanukovych, ex-President of Ukraine, at a press conference in Moscow, February 6, 2019

International Society for Human Rights (ISHR) officially recognized the case on the loss of Crimea against fourth president of Ukraine Viktor Yanukovych “politically motivated persecution”, which “does not correspond to generally accepted standards for a fair trial”. Moreover, the organization found out at least 68 gross violations of the Ukrainian legislation, international norms and practices of the European Court of Human Rights (ECHR), as Ukrainian News reported.

The ISHR experts held the monitoring during the whole trial on the loss of Crimea since May 2017.

The experts highlighted kay violations:

- the court refused to use the European Convention on mutual help in criminal cases ratified by Ukraine; the court did not provide the proper calling of Viktor Yanukovych and held the preparatory and all other sessions without participation of Yanukovych; the court refused to question the witnesses of the defense in the mode of the video-conference with the use of the tools of the international legal aid;

- the court refused to hear the majority of the key witnesses of the defense, organization of the cross-examination of the prosecution’s witnesses; the court refused to attach expert conclusion of the independent international experts from the U.S., the UK, Switzerland, Ukraine and other evidence of the defense; the court did not estimate the arguments on the inadmissibility of the evidence of prosecution. The court also refused to study different audio and video evidence generally and allowed to watch only fragments and it interfered the comprehensive studying of the context of such video evidence.

- Prosecutor General Yury Lutsenko interfered in the trial process; he was informed about the membership of the judging panel of Obolon court until the selection by the automated system; he stated about consideration of the case in absentia until such decision was made by the court. The amendment of the legislation was initiated only to allow the Prosecutor General to convict only Viktor Yanukovych.

- the defenders of Free Legal Aid Center controlled by the prosecution were illegally appointed by the court and were changed if they refused to execute the “orders” of the Prosecutor General’s Office and authority;

“We as the defenders, pointed to numerous gross violations in the case of the loss of Crimea many times. Now, they are confirmed by international observers. Totally, 89 sessions took place. And 68 gross violations, according to the conclusion of the experts is a confirmation of the political nature of this case. The report of the international observers shows that the verdict of fourth president Viktor Yanykovych is the order of his political opponents,” Yanykovych’s lawyer Vitaly Serdyuk is cited.

As we reported earlier, Yury Ryabovol, the state lawyer of Viktor Yanukovych has filed the appeal against the sentence of Obolon District Court on the state treason case of the ex-president of Ukraine Viktor Yanukovych.

On February 26, the court reported that five appeals were filed against the verdict for ex-President Viktor Yanukovych.

On March 5, Kyiv Court of Appeal returned the case of the ex-President of Ukraine Viktor Yanukovych to Kyiv Obolon Court to correct the mistakes and explanation of the verdict.

The court found Yanukovych guilty of addressing the Russian President Putin and asking him to deploy troops in Ukraine.

Besides, the court sentenced ex-President of Ukraine Viktor Yanukovych to 13 years of the detention for the state treason and complicity in the holding of the aggressive war against Ukraine by the Russian Federation.

Yanukovych was charged with state treason, assistance in deliberate actions against Ukraine’s state border, sovereignty and territorial integrity and assistance in leading the aggressive war against Ukraine.  



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