In late June, the court considered the appeal of the Prosecutor’s Office against the order of Shevchenkivsky District Court of Kyiv as of April 10 to return Shariy’s case for additional investigation, cancellation of tracing and arrest.
Prosecutor’s Office demanded that the court finds the blogger guilty of using firearms in a conflict with a visitor in MacDonalds in Kyiv in May, 2011. The representatives of the Prosecutor’s Office did not agree with the first instance court and filed an appeal.
The prosecution stated that Shariy did not get a full status of a political refugee in Lithuania and the Netherlands within the considered criminal case. Besides, the Prosecutor’s Office denies evidence of falsification of the mentioned case.
The Court of Appeal denied the Prosecutor’s Office and dismissed the complaint having noted that Shariy’s place of residence is defined as he got asylum in Lithuania. At the same time, the court did not receive information that the law enforcers took any action to define a precise place of residence of the accused in this country.
The court decided that the Prosecutor’s Office had to define such information within the additional investigation. Prosecutor’s Office has to check the statement on political motivation of persecution of Shariy in Ukraine.
The court of Appeal had not found any significant violations in the statement of the first instance court and denied Prosecutor’s Office request to cancel it. Therefore, the court’s decision to repeal tracing and arrest in absentia came into force.