You're reading: High court starts hearing Lutsenko’s appeal (UPDATED)

 A dramatic court hearing kicked off in Kyiv that could become pivotal for Ukraine's chances to sign an Association Agreement with the European Union this year.

On April 2, the
Higher Specialized Court of Ukraine for Civil and Criminal
Cases opened an appeal hearing by former Interior Minister Yuriy
Lutsenko. Lutsenko is appealing a sentence by Kyiv Pechersk District
Court in 2012, which sentenced him to four years in prison for a
number of crimes, including negligence and exceeding authority while
serving as a minister.

The European Court for Human Rights
last year ruled that his imprisonment was a case of political
persecution, and ordered the Ukrainian government to restore his
human rights. However, he only received
15,000 euros in compensation, and
continues to serve his sentence in Menska colony in Chernihiv Oblast
in northern Ukraine.

Lutsenko was brought to Kyiv to
take part in the April 2 hearing, which was supposed to be open to
the public. Dressed in a black sweater, he was looking pale but nevertheless made jokes and appeared to be in good humor.

Journalists were not allowed into the courtroom, however,
despite a plea by Lutsenko and his wife Iryna. Journalists were
allowed to watch a live broadcast of the trial from a special room,
and Lutsenko is taking part in the trial from a glass cubicle, which
is surrounded by guards.

“Please let the journalists in and
let him out of the glass cage,” said Iryna Lutsenko.

The courtroom is full of people in
civil clothes who observers said were guards disguised as public in
the open process. Lutsenko complained to the judge that he could not
hear the court proceedings properly from inside his glass cage.

The judge, however, refused to honor
his request to let him
out, saying it would effectively be the release of Lutsenko.

His release is what many observers are
hoping for. Former
Polish President Aleksander Kwasniewski and former European
Parliament President Pat Cox, who
head a specialized mission of the European Parliament, wrote a letter
to President Viktor Yanukovych, pleading his release from prison on
humanitarian grounds.

In
two years in prison, Lutsenko’s health deteriorated significantly.
He had to undergo a surgery earlier
this year, and needs another one, according to Kwasniewski. During
his recent visits to Ukraine the former Polish president
unequivocally stated that Ukraine’s signing of an Association
Agreement with European Union this November depends on the release of
Lutsenko from prison, among other actions.

President
Viktor Yanukovych, however, said he might consider a pardon after
Lutsenko has exhausted all options in courts.

Iryna Lutsenko said, however, that she does not believe that a court would let her husband walk free, and says his lawyers are preparing a new appeal to the European Court for Human Rights.

“We’re not expecting anything from this trial,” she told the Kyiv Post. “We’re just formally taking part in this process and registering all violations of Lutsenko’s rights.”

She added that while the journalists were not allowed into the room, a police officer is filming the proceedings. 

She also said that neither her, nor Lutsenko, nor other members of the family will ask the president for pardon. 

Kyiv
Post editor Katya Gorchinskaya can be reached at
[email protected].