Justice Minister Oleksandr Lavrynovych said Ukraine is unlikely to appeal to the European Court of Human Rights (ECHR) against the decision in the case of former Prime Minister Yulia Tymoshenko, as the only violation, established by the European Court, is already corrected at the legislative level with the adoption of the new Code of Criminal Procedure (CPC).
"The only position, at which the state of Ukraine was recognized as offender, is the Article 5 of the Convention on Human Rights. This position has already been corrected after the entry into force of the new Code of Criminal Procedure," Lavrynovych said in interview.
According to him, it is necessary to make an official translation of the ECHR decision, analyze the document, but the Ukrainian state is unlikely to appeal. "I do not see the subject of appeal, because there is a violation by one position, and the new Code of Criminal Procedure is adopted and act, so the probability of appeal is minimal," the minister said, explaining that with a change in legislation, Ukraine rarely applies arrest as a preventive measure.
As for the recognition by the European Court of violation under the Article 18 of the European Convention on Human Rights, Lavrynovych said that it is not about political motivation, as the decision itself contains the phrase "for other reasons" and it is about the arrest for reason of contempt of court. "The Article 18 states that actually arrest and detention can be punishment for contempt of court. The decision to change the preventive measure was taken for other reasons," the minister explained.
In addition, he stressed that "the Court noted the absence of the political motives for Mrs. Tymoshenko's detention".
Lavrynovych focused on the fact that the non-recognition by the European Court of torture against Tymoshenko "testifies to the fact that the case is consciously politicized."
Responding to a question about whether Tymoshenko’s defense can appeal against the verdict through the Supreme Court after the entry into force of the ECHR’s ruling, the minister explained that this can be done only after the ECHR considers the complaint about violation of the right to a fair trial. "In this case the sentence was generally not subject to review in court," the Minister noted.
That is, according to Lavrynovych, the defense of ex-premier still cannot appeal against the sentence to the former PM.
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