12:42 06.09.2013

Ukraine's Supreme Court not to consider Tymoshenko's appeal against her sentence in 'gas case'

3 min read
Ukraine's Supreme Court not to consider Tymoshenko's appeal against her sentence in 'gas case'

The High Specialized Court of Ukraine for Civil and Criminal cases has decided not to transfer Ukrainian former Prime Minister Yulia Tymoshenko's appeal for a revision of her seven-year sentence in the gas case to the Supreme Court of Ukraine.

"On September 6, 2013, the High Specialized Court of Ukraine for Civil and criminal cases has considered the application of Yulia Volodymyrivna Tymoshenko concerning the revision of the sentence passed by Pechersky District Court in Kyiv on October 11, 2011, and made a decision to not to submit Tymoshenko's appeal for judicial proceedings in the Supreme Court of Ukraine," the High Specialized Court's press service reported on Friday.

The press service said that having considered Tymoshenko's application, the court found out that the European Court of Human Rights (ECHR)'s judgment concerns Tymoshenko's pre-trial detention and not the court sentence.

"The fairness of her criminal prosecution was not the subject of consideration of the ECHR," the press service said.

In addition, while choosing a preventive measure for Tymoshenko the trial court relied on the norms of Ukraine's criminal procedure legislation, which were valid at the time.

The High Specialized Court also found that the translation into Russian of the ECHR judgment in Tymoshenko's case dated April 30, 2013 did not comply with the authentic translation, in particular with regard to the circumstances, which were essential for the court to decide on whether to accept the complaint. "The wording of the ECHR's judgment was inaccurate," the court said.

At the same time, the court said that it received an authentic translation of the ECHR ruling from the Justice Ministry of Ukraine.

"Based on the authentic translation, the panel of judges found that contrary to the applicant's statement, all the violations of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms established by the ECHR dealt with issues related to her arrest and her detention prior to conviction, and not with the judgment in the criminal case as such," the statement reads.

The High Specialized Court added that the ECHR has not made any specific instructions for Ukraine in its judgment on Tymoshenko's complaint.

"The ruling [of the High Specialized Court] came into force on the day of its delivery and cannot be appealed," the court said.

As reported, on August 1, Tymoshenko's defense team appealed to the Supreme Court of Ukraine through the Higher Specialized Court for Civil and Criminal Cases, asking it to review and overturn her seven-year prison sentence in the gas contract case. The reason for such an appeal was the entry into force on July 31 of the ECHR judgment in the case "Tymoshenko vs. Ukraine," in which a number of violations were recorded during the ex-premier's arrest as part of the consideration of the gas case.

Vlasenko repeatedly said that the Higher Specialized Court for Civil and Criminal Cases was preventing Tymoshenko from passing her appeal for the revision of the gas case against her to the Supreme Court of Ukraine. According to him, the time given to the court to decide on sending the case to the Supreme Court expired on August 19.

On August 27, Vlasenko said that the Higher Specialized Court of Ukraine obliged Tymoshenko to eliminate shortcomings in her appeal to the Supreme Court.

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