Council of Europe: Ukraine must implement ECHR judgment in Tymoshenko case

10:39, 30 September 2013
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The Committee of Ministers of the Council of Europe has expressed concern that Ukraine’s High Specialized Court for Civil and Criminal Cases rejected Yulia Tymoshenko’s request for a reopening of the criminal proceedings in the so-called "gas case" on the basis of the judgment of the European Court of Human Rights of April 30, 2013, according to the Official web site of Yulia Tymoshenko.

"As regards individual measures, the Committee noted with concern that the High Specialized Court for Civil and Criminal Cases rejected the applicant’s request for a reopening of the criminal proceedings at issue on formal grounds, without any substantial examination of the possible impact of the violation of Article 18 taken together with Article 5 on these proceedings," says a decision of the Committee of Ministers of the Council of Europe in regards to Yulia Tymoshenko’s application.

In their decision the ministers noted the complex execution questions raised by the violations found in the case of Tymoshenko against Ukraine, as in the Lutsenko case, in particular as regards the responses to the violation of Article 18 taken together with Article 5 of the European Convention on Human Rights.

Recalling their decisions in the Lutsenko case, the Committee of Ministers reiterated the need to receive information from the Ukrainian authorities on the measures adopted and/or envisaged to ensure compliance with Article 18 taken together with Article 5 in the Ukrainian justice system, over and above the reform of the Code of Criminal Procedure.

Thus, the decision of the Committee of Ministers of the Council of Europe fully refutes statements by the Ukrainian government that the ECHR judgment in the Yulia Tymoshenko case was executed.

On August 30, Yulia Tymoshenko informed the Committee of Ministers of the Council of Europe that the Ukrainian authorities have not taken any measures to execute the judgment of the European Court of Human Rights. Pursuant to the European Convention on Human Rights, the Committee of Ministers of the Council of Europe is tasked with supervising the execution of Court judgments.

After the ECHR judgment became final, on August 1 Yulia Tymoshenko filed an application with the High Specialized Court for Civil and Criminal Cases requesting a Supreme Court review of the verdict in the case involving gas deals with Russia. Several days later it was learned that the high court suspended its consideration of the case due to alleged problems with the application and gave the defense until August 5 to address the "problems", which they did. However, the High Specialized Court found no grounds to send Yulia Tymoshenko’s application to the Supreme Court.

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