ECHR to deliver judgment in Tymoshenko v. Ukraine no earlier than Dec. 15

14:34, 05 December 2012
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The European Court of Human Rights will announce its ruling in Tymoshenko v. Ukraine no earlier than December 15, according to the Official web site of Yulia Tymoshenko.

"I expect a decision in our case after December 15. First with regard to article 5 on the right to liberty and security of a person, and article 18 on limitations to the restriction of rights," the ex-premier’s defense lawyer Serhiy Vlasenko said.

He pointed out that if the ECHR rules that Yulia Tymoshenko was convicted and imprisoned for political reasons, the defense will demand that the Ukrainian government execute the decision immediately. "I remind you that under Ukrainian law, a ruling by the European court is binding for Ukraine," he said.

Pursuant to the law of Ukraine on enforcement and application of judgments of the European Court of Human Rights the State Executive Service must open enforcement proceedings within ten days of the final judgment of the European court.

The law also provides for restitutio in integrum – restoration of the claimant’s legal status prior to the violation, including either through a rehearing of the case or a review of the case by an administrative body.

The state must also take general measures aimed at eliminating the systemic problem specified in the ECHR judgment and its root causes by amending national law and its practical application.

According to Ukrainian law, in the case of non-execution or improper execution of a judgment of the European court, the official responsible bears administrative, civil and criminal responsible.

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