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Photo: Reuters
The court finds that Yanukovych was illegally detained in absentia
The decision to arrest the fugitive head of state was made in violation of the law, which presupposes a preliminary statement on the international wanted list, which was not made in relation to Yanukovych.
The Kiev Court of Appeal published on Friday, November 20, an explanation of its resounding decision to cancel the arrest in the absence of former President Viktor Yanukovych. He says the decision of the Pechersk court to arrest the former head of state was illegal, unfounded and unmotivated.
Then, in court they said that they canceled Yanukovych’s detention, since the prosecutor did not prove the fact that he was declared on the international wanted list, as required by law.
“A special pretrial investigation (in absentia) is carried out on the basis of an order of the investigating judge in relation to a suspect (other than a minor) who is hiding from the investigation and the court to evade responsibility criminal and placed on the interstate and / or international wanted list, “says the message. …
At the same time, the defense provided the Court of Appeal judge with information that an Interpol message with a “red corner” had not been published about Yanukovych and an internal request had not been published with the aim of declaring him on the international list of Wanted through Interpol.
The court in this instance also charged the Pechersk court with material violations when announcing its decision. In particular, the original statement states that Yanukovych’s detention was extended within the period of the pre-trial investigation, until July 10, 2021. However, “a copy of the resolution provided to the defense does not contain a definition of its period of validity “.
At the same time, the appellate panel of judges concluded that the suspicion of a crime committed by Yanukovych is justified, as well as the presence of risks that the suspect may be concealing from the investigating authorities.
We recall, the day before it was reported that the Kiev Court of Appeal canceled the decision on the arrest of Yanukovych. This decision refers to the case of the events that occurred on the Maidan from February 18 to 20, 2014, when the protesters were shot.
Later, the court issued a statement urging the public to refrain from commenting on the court’s motives until the full text of the judgment is published.
As reported, on May 12, the Kiev Pechersk District Court again arrested former President Viktor Yanukovych in absentia, this time in the case of the executions on the Maidan from February 18 to 20, 2014. Before that , the Pechersk court arrested the former president in absentia in the case of usurpation of power.
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