Yanukovych files lawsuit against Ukraine with ECHR
Former Ukrainian President Viktor Yanukovych has filed a lawsuit against Ukraine with the European Court of Human Rights (ECHR) in connection with alleged abuses of his human rights.
"His [Yanukovych] application asks the Court to declare violations of his rights under the European Convention on Human Rights, including the right to a fair trial (Article 6), the right to an effective investigation of attempts made upon his life and the right to protection (Article 2), and the right not to be discriminated against because of his political status and opinions (Article 14)," reads a press release which has been made available on the website of Joseph Hage Aaronson LLP.
Joe Hage of Joseph Hage Aaronson LLP, Yanukovych's UK lawyer who has issued the claim said that "President Yanukovych has brought this action now because it is clear that the Ukrainian authorities are determined to bring prosecutions against him. They have allowed unfair trials to proceed which infringe his basic human right to be present and to defend himself against allegations which President Yanukovych vigorously denies."
According to the lawyer, there is no doubt that the Ukrainian prosecution authorities are under huge political pressure to secure convictions in relation "to false criminal allegations, including those constructed to provide a basis for the EU sanctions listing against President Yanukovych."
The document also says that Yanukovych's rights to an independent and impartial tribunal and to a fair hearing and to reasoned judgments have been breached. It gives as an example the allegedly highly politicized court decision against President Yanukovych is the Pechersky Court decision "allowing the special pre-trial investigation stage of a case against the President to be completed in his absence, and refusing to permit him even to participate by video link."
The press release underlines that Yanukovych's right to presumption of innocence has been violated by the numerous "public and condemnatory statements made by senior state officials and prosecutors."
"Ukraine has violated its duty to protect President Yanukovych, and its investigative and procedural duty under Article 2 ECHR because of the failure to carry out a proper investigation into the attempts on President Yanukovych's life in February 2014. These breaches and the continuing threats against President Yanukovych mean that it is unsafe for President Yanukovych to return to Ukraine, and that he cannot attend the criminal proceedings in Ukraine properly to defend himself," reads the document.
In addition, it says Yanukovych "has suffered discriminatory treatment due to his political status and opinions, including by the multiple unfounded criminal cases said to be being brought against him in Ukraine, the baseless decisions being made against him by the Ukraine authorities and the Ukraine Courts, and the repeated public condemnation by Ukraine's public officials."
The Ukrainian lawyer of Yanukovych, Vitaliy Serdiuk, told Interfax-Ukraine that the matter concerns not just violations of his human rights because of the trials in absentia, but also other violations of the Convention for the Protection of Human Rights. "It means that ECHR accepted the claim for consideration," the lawyer said adding, that his client isn't seeking financial compensation.