February 10, 2016 the panel of judges of the Appeal of Court of Kyiv, which consisted of Masenko Denys, Hlynianyy Victor, Valeriy Lashevych partially satisfied the appeal of Hennady Korban’s lawyers against decisions of the judge of the Dniprovskiy district court of Kyiv. The Court revoked the resolution made by judge Mykola Chaus of the Dniprovskiy district court of Kyiv on changing the measure of restraint of the policy from house arrest to detention. Despite it, the Court determined Hennady Korban’s term of arrest to be till 23 of February. The Court held 9 meetings for considering appeals of lawyers of member of UKROP. The first one was held on January 5.
The Kyiv Court of Appeal partially satisfied the lawyers’s appeal of member of political council Hennady Korban against the detention. “This decision is unique. For the fist time in my life I observe such approach of the The Kyiv Court of Appeal. It raises a lot of questions,” said the lawyer of Hennady Korban Yuri Sukhov to journalists on briefing held on February 10. “I thought that the judge Kireev can not be excelled in Ukraine, but I was wrong ”.
According to the lawyer, the decision of of The Kyiv Court of Appeal is surprising for two reasons. First, in fact The Kyiv Court of Appeal retroactively arrested Hennady Korban, but on the other hand, it declared that decision of judge Mykola Chaos is absolutely illegal.
"The question is on what terms Hennady Korban held in custody till February 10, because The Kyiv Court of Appeal declared that relevant decision is illegal,” surprised Yuri Sukhov.
The lawyer also said that for the defense this decision opens the opportunity to appeal to the European Court of Human Rights. He said: “We have already started to prepare the apply against the actions of The Kyiv Court of Appeal. For now, we do not know what they will write about it, and how they will explain their decision”.
According to Yuriy Sukhov, a draft of an application in the case of Hennady Korban to the European Court of Human Rights is already consist of 219 stations of violation. Yuriy Sukhov said: “The European Court of Human Rights will declare that arrest of Hennady Korban is illegal. The question is who is responsible for the damage and who will pay for such an illegal decision?”.
“Therefore, the Court decided retroactively. If civil society, will not claim to replace all judges, then all of us can expect such fate. So then, in which country you want to live? Is it police country, where judges are controlled by prosecutors and corrupt politicians. Or it is legal country, where exist justice, fair trial, normal investigative bodies, but not that ones left from the Soviet Union and Yanukovych. If tomorrow a case will be ordered against somebody, a judicial decision even, then believe me, you have no chance, even if you call witnesses, will you fight or not. Therefore, only civil society, only its persistence can win and change this arbitrariness of the judicial system in our country,” the member of the presidium council of UKROP Hennady Korban commented on the decision of the Appeal of Court of Kyiv against the complaints his lawyers.
We would like to remind, that on December 28, 2015 the judge Mykola Chaus of the Dniprovskiy district court of Kyiv made a decision, by which satisfied the appeal of prosecutors on changing pretrial restriction for the politician from house arrest to detention for 60 days and illegally extended the pretrial restriction of the politician, which expires on December 31, 2015 year. The decision was made based on the results of almost 36-hour session during which Hennady Korban was brought from the Amosov Institute of Cardiovascular Surgery after stenting. During the session in the Dniprovskiy district court of Kyiv Hennady Korban was in hypertensive crisis, ambulance doctors demanded an urgent hospitalization, but law enforcement had not allowed to bring the politician to the hospital, blocking an ambulance car in the courtyard of the Court.
