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ECHR schedules public hearing of Tymoshenko case for August 28

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July 20, 2012, 5:23 p.m. | Politics — by Interfax-Ukraine

The European Court of Human Rights (ECHR) will on August 28 hold a public hearing on the case of Tymoshenko versus Ukraine concerning complaints related to the detention of the former prime minister, the court said in a press release obtained by an Interfax-Ukraine reporter in Brussels on Friday.
© tymoshenko.ua

Brussels - The European Court of Human Rights (ECHR) will on August 28 hold a public hearing on the case of Tymoshenko versus Ukraine concerning complaints related to the detention of the former prime minister, the court said in a press release obtained by an Interfax-Ukraine reporter in Brussels on Friday.

According to the document, after the hearing the court will begin its deliberations, which will be held in private. Its ruling in the case will be made at a later stage.

In addition, the ECHR noted that it "will be open to Tymoshenko making a fresh request under Rule 39 if the circumstances require."

As reported, Tymoshenko lodged an application with the court on August 10, 2011. She alleges that her detention was politically motivated, that there has been no judicial review of the lawfulness of her detention in Kyiv's pre-trial detention center, and that her detention conditions are inadequate, with no medical care provided for her numerous health problems.

Tymoshenko relies principally on Article 3 (prohibition of degrading treatment or punishment), Article 5 (right to liberty and security), Article 8 (right to private life) and Article 18 (limitation on use of restrictions on rights) of the European Convention on Human Rights.

On December 14, 2011, the court decided to give priority to the case in view of the serious and sensitive nature of the allegations raised.

On March 15, 2012, the court requested that the Ukrainian government ensure that Tymoshenko received suitable medical treatment in an appropriate institutionalized setting.  

The Kyiv Post is hosting comments to foster lively debate. Criticism is fine, but stick to the issues. Comments that include profanity or personal attacks will be removed from the site. If you think that a posted comment violates these standards, please flag it and alert us. We will take steps to block violators.
Roman Dawydiak July 21, 2012, 4:35 a.m.    

Unless the European Court of Human Rights puts some bite into their final decision the Yanukovych Administration will only view it as an inconvenience. In the case of a highly expected not guilty verdict the court should be very specific on the terms of Yulia Tymoshenko's release from formal custody and a specific time limit on payment of financial compensation should that provision be included. Any ambiguity will only fall on deaf ears.

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cedrik July 21, 2012, 6:35 p.m.    

Maybe they can send their army to implement their decrees. However, I would suggest they pack their lunch and bring lots of friends.

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Roman Dawydiak July 22, 2012, 6:14 a.m.    

As a Member of the Council of Europe since 1996 Ukraine is bound to uphold the rules and legal obligations that come with that membership. Since the ECHR is a part of that Council the Ukrainian Government must abide by any decision of the ECHR whether they like it or not. If they refuse to cooperate they will then be subject to severe penalties which can range from political/economic censure to being expelled from the Council of Europe. It's as simple as that.

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cedrik July 22, 2012, 2:22 p.m.    

See my statement.

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Roman Dawydiak July 22, 2012, 4:10 p.m.    

Your statement lacks any credibility. Military intervention is not required nor is it even contemplated as being an option when other strategies are far more effective. End of statement.

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