14:28 15.07.2013

ECHR begins to consider Tymoshenko's second complaint

3 min read
ECHR begins to consider Tymoshenko's second complaint

The European Court of Human Rights (ECHR) has started to consider the second complaint by former Ukrainian Prime Minister Yulia Tymoshenko, the court said in a press release issued on Monday.

Tymoshenko's second complaint mainly concerns the criminal proceedings brought against her on charges of abuse of power during the signing of the gas supply agreements with Russia.

The ECHR has notified the government of Ukraine about Tymoshenko's second application and asked it to submit its observations concerning the complaint, the court said.

The court noted that Tymoshenko's first application before the ECHR dealt with her detention.

The second application, which was brought on August 10 2011, concerns the fairness of the criminal proceedings.

In particular, relying on paragraphs 1 and 3 of Article 6 (right to a fair trial) of the European Convention on Human Rights, Tymoshenko complains of difficulties in defending her case before the national courts and questions their independence and impartiality.

"She also questions the quality of the provisions of the Criminal Code which were applied in her case, alleging a breach of Article 7 (no punishment without law). She further claims that the criminal case against her was politically inspired and constituted an abuse of the criminal justice system, relying on Article 18 (limitation on the use of, or restrictions of rights)," the press release reads.

The ex-premier also alleges that a video tape recorded in the hospital where she has been treated since May 9, 2012, showing her in her room and during medical procedures, was published on the Internet and was also broadcast on the majority of regional TV channels.

She further complains that at least three other video recordings were available on the official Web site of the State Penitentiary Service, and that an audio recording of a telephone conversation between her and her husband was published on the Internet.

In this connection Tymoshenko made a number of complaints under Articles 3 (prohibition of torture and inhuman or degrading treatment) and/or Article 8 (right to respect for private and family life).

Tymoshenko also alleges that she faces difficulties in making any telephone calls from the hospital.

Finally, she complains that she has been deprived of any possibility of communicating with the media and the outside world since 5 August 2011, which has had a negative impact on her political life.

Kyiv's Pechersky District Court found Tymoshenko guilty of abuse of office in signing this gas supply contract and sentenced her to seven years in prison on October 11, 2011.

Tymoshenko has been serving her sentence at a penitentiary in Kharkiv since December 2011.

Since May 9, 2012, she has been staying at a Kharkiv hospital and receiving medial treatment there.

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