The prosecution in Hennady Korban’s case has reached an impasse as the defence has enough evidence of his innocence in the incriminated crimes. It was announced on January 13 by the defenders of the chairman of UKROP political council in their comments to the journalists after the session of the Court of Appeal of Kyiv.
“Today, the prosecution has reached an impasse,” said Oleksiy Shevchuk, noting that at this moment the defence has collected a considerable amount of evidence proving the absolute lack of any Hennady Korban’s involvement in allegedly suspected crimes.
Also, the lawyers have already filed a lot of legal documents in a number of criminal proceedings against the persons who are to be interrogated or summoned. Consequently, according to Oleksiy Shevchuk, now the machine consisting of Security Service of Ukraine employees and the Prosecutor’s Office that has already been launched does not know how to get out of the impasse it has reached due to the collapse of all the charges against the chairman of UKROP political council.
In her turn, another Hennady Korban’s lawyer Oksana Tomchuk has noted that the defence is satisfied with the decision of the Court of Appeal to file the request for medical examination on the ability of her client to participate in investigative actions, including the judicial process. “To file and to consider the petition without waiting for the appropriate expert opinion that must determine whether Hennady Korban could participate in the court session or not, was simply impossible,” said the lawyer.
At the same time, Oksana Tomchuk called revolutionary the reaction of the court on the defence’s petition to eliminate violations of human rights that took place during the hearing of the Court of Appeal, namely the imprisonment of the accused in the disgraceful cage insulting the honour and dignity of people whose guilt is not proven by the court. According to the judges’ decision, soon there will be a request submitted to the budget holder – the State Judicial Administration – to replace the cage with a plastic architectural structure.
The lawyers have also confirmed to the journalists the previously released information about the pressure that is put on them now because of Hennady Korban’s case. According to Oleksiy Shevchuk the phone numbers of all the defenders are constantly tapped, even the phone of Oksana Tomchuk’s child, as well as the mailboxes and personal pages on social networks that are cracked.
In conclusion, the lawyer said that she has not changed her opinion on disqualifying the panel of judges. “I believe that the panel of judges is to be disqualified as we have requested, because, firstly, during this time there was a similar distribution in the case of Mykhailo Koshlyak where the same panel was assigned – and it gives already a rise to doubts. Secondly, the conclusion of the General Prosecutor’s Office, which was instantly attached to the case, also suggests that all this was done in a hurry, quickly, and does not refute our arguments that the distribution took place outside working hours and possibly with interference of human factor,” voiced the position of the defence Oksana Tomchuk.
On January 13 the Court of Appeal of Kyiv adjourned the hearing of Hennady Korban’s defenders appeal against the decision of Dniprovsk District Court on his arrest on January 22. The court also decided to send a letter to the State Judicial Administration concerning the equipment of the courtroom in accordance with the requirements of the European Convention on Human Rights, as well as to send an inquiry to the appropriate institution about the results of the forensic medical examination appointed to Hennady Korban.
