Second Preliminary Report based on the investigations and trials against former Prime Minister Yulia Tymoshenko, former acting Minister of Defence Valeriy Ivashchenko, former Minister of Interior Yurij Lutsenko and former First Deputy Minister of Justice Yevhen Korniychuk

Contents:

Foreword… p. 3

The case against Yulia Tymoshenko .p. 5

The case against Yurij Lutsenko.p. 5

The case against Valeriy Ivashchenko.. .p. 7

The case against Yevhen Komiychuk.. .p. 7

1.      Charges are criminalizing normal political decisions with which the present government disagrees;
investigation and prosecution in the Criminal Justice System requires a reasonable suspicion of an
offence having been committed and that it does not serve a political purpose.. .p. 8

2.       The courts and the prosecution must be independent and impartial.. .s.11

3.       The selection of the judges has probably violated both Ukrainian and international law.. .p. 13

4.       The arrest and detention of Mr. Ivashchenko, Mr. Lutsenko and Mr. Korniychuk was a violation of their
rights as the need to restrict their rights to liberty and security was not justified by the court. The
extension of the detention of Mr. Lutsenko and Mr. Ivashchenko violated their rights as it was not
justified by the court and did not set a time limit. In general the widespread use of detention in Ukraine is
a concern….p. 14

5.       The arrest of Mrs. Tymoshenko on 24.5.2011 was unjustified by the court. The arrest and detention on
5.8.2011 was disproportionate and unjustified by the court.p. 17

6.      The arrest of Mr. Ivashchenko was a violation of his right to freedom and security as he was summoned
as a witness although the decision to open an investigation had already been taken..p. 18

7.    The use of travel restrictions against Mrs. Tymoshenko and Mr. Lutsenko violated their rights to freedom
of movement. It was probaly also a violation that the decision was taken by an investigator, who is not a
judicial authority and whose decision can not be challenged in court. In general the widespread and
indiscriminate use of travel restrictions is a serious concern. p. 19

8.    Handcuffing and caging in the court room is inhuman and degrading treatment.. .p. 20

9.    Mrs. Tymoshenko’s right to defence has been violated by the very short periods her defence counsels
have had to prepare the defence..p. 20

10.   The right to have adequate facilities for the preparation of one’s defence may have been violated by the
conditions granted for Mr. Lutsenko’s defence…p. 21

11.    On Mrs.Tymoshenko and Mr. Lutsenko being removed from the court room..p. 22

12.    Unclear indictments might have violated the right to a fair trial and the right to defence .p. 23

13.    It was not a violation of the rights of the defendants to refuse them a jury.. .p. 23

14.   There is at this stage insufficient information to conclude whether the rights of Mrs. Tymoshenko and
Mr. Lutsenko were violated when the judges refused their motions for recusal.. .p. 23

15.    Postponement of proper medical examination and treatment may be a violation of Mr. Ivashchenko
rights not to be inhumanely treated.. .p. 23

16.   If the judge, the defendants and the lawyers were not able to perform due to the conditions in the court
room it may have been a violation of the right to a fair trial and to defence .p. 26

17.   The compulsory duty to appear before the investigator during pretrial investigation may violate the right
not to self incriminate and the right to freedom and security.. .p. 28

18.     A defendant does not have the obligation to cooperate with the investigator or to show proper behavior
to him; to draw negative consequences can be a violation of the right to personal liberty and security and
the right not to self-incriminate.. .p. 28

19.     Restrictions on Mr. Ivashchenkos visits in detention violated his rights to family life…p. 30

Foreword

This second preliminary report describes and assesses the legality of the investigation, detention and trials in
Ukraine against former Prime Minister Yulia Tymoshenko, former Minister of Interior Yurij Lutsenko, 
former acting Minister of Defence Valeriy Ivashchenko and former First Deputy Minister of Justice Yevhen
Korniychuk until the beginning of August 2011.


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