Bilotserkivska is the head of a Severodonetsk human rights organization, Pravovy Prostir [Legal Realm]. The criminal proceedings against her were initiated five years ago when she led a group of residents of an apartment block protesting against the destruction of a green area outside their homes.
The authorities ignored them, and when the construction workers arrived and showed equally little interest in the residents’ objections. Bilotserkivska saw no alternative but to climb up to stop the digging work. The charges are of obstructing cranes.
With a case like that, it is not surprising that first one judge washed his hands of it by sending it back for further investigation. Six judges then proceeded to withdraw themselves from the case, presumably unable to treat obstruction of cranes with the impartiality required.
It is worth noting that the human rights activist is a well-known figure in her area, and there has been talk of her standing for parliament in October’s elections. Remand in custody would clearly not enhance her chances of election. This is so manifestly obvious that questions must arise regarding the sudden twist in a five-year-old saga.
The case was, in breach of the Criminal Procedure Code, transferred from Severodonetsk to Rubezhnoye. Bilotserkivska knows her rights and the law, and submitted all the appropriate objections and applications. The court which issued an arrest warrant on May 22, supposedly because Bilotserkivska had twice not appeared, should not be examining the case.
At a recent press conference, the head of the Luhansk independent trade union Ihor Zaprudsky told journalists that Bilotserkivska is not in hiding, but in her office, with supporters who have no intention of leaving. If the police wish to arrest her, they need another warrant from the court. Zaprudsky believes that the criminal case is being deliberately dragged out and has lodged an appeal against the decision to change the restraint measure from a signed undertaking to remand in custody.
The Small and Medium Business Assembly of Ukraine, together with Pravovy Prostir, are promising to set up protest tents if Bilotserkivska is arrested.
The 2010 local elections were marred by a number of dubious criminal investigations and detentions of potentially successful candidates, including the then mayor of Kamianets-Podilsky.
There has already been one arrest this month of a politician expected to be standing for office in October. Dnipropetrovsk politician and businessman Zahid Krasnov was arrested over a criminal investigation which had been terminated back in 2009 but has now been reactivated on the instructions of the prosecutor general. He was held in custody for a week then released on a signed undertaking not to abscond.
The latest developments in an old and patently absurd criminal case against a human rights activist and potential candidate in the coming elections place in question the authorities’ declared intention to hold free and fair elections.
Halya Coynash is a member of the Kharkiv Human Rights Group.
