Monitoring of criminal proceedings of Rosevtsov Anton Alexandrovich and Bozhy Yaroslav Yurievich (10/26/2020)

On October 26, 2020, a hearing was held in the Leninsky District Court of the city of Zaporozhye in the case of Anton Alexandrovich Rosevtsov and Yaroslav Yuryevich Bozhy, who are accused of committing a brutal murder in Verkhnyaya Khortitsa. According to the investigation materials, 25-year-old Danil Gribko was shot twice in the back of the head when he was in the front passenger seat of his car. His body was hidden in the garage of the cooperative where the murder was committed. Two days later, the mother of the murdered man received messages demanding that money be transferred for the return of her son, although he was already dead. Ten days later, the closest friend of the murdered man, Yaroslav Bozhy, was detained. According to the investigation, he, together with his friend Anton Rosevtsov, planned the murder in order to take possession of the victim’s car (source – https://www.vv.com.ua). The accused are charged with the commission of premeditated murder by a group of persons by prior conspiracy from mercenary motives; illegal seizure of a vehicle; extortion and illegal handling of weapons (paragraphs 6, 12, part 2 of article 115, part 3 of article 289, part 2 of article 189, part 1 of article 263 of the Criminal Code of Ukraine).

The case was monitored online for the first time.

The case was considered by a panel of judges: Turbina Tatyana Fedorovna, Barulina Tamara Evgenievna, Gnatyuk Alexander Nikolaevich.

In this court session, a study of evidence was carried out – a mobile phone. Information about the car in which the murder was committed was investigated.

After examining the evidence, the court announced a break for more than two weeks – until 11/13/2020.

The indictment was received by the Leninsky District Court of Zaporozhye on 07.03.2015. Thus, the case has been heard in the court of first instance for more than five years. Observers of the ISHR are concerned about the timing of the case. The lengthy consideration was due to the following reasons: the hearing was postponed due to the witness’s failure to appear in court; the case was referred to another collegium; during the trial, the accused filed a large number of challenges to judges, which were dismissed; lawyers have changed several times.

Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as the Convention) recognizes for every person prosecuted in a criminal case the right to receive, within a reasonable time, a final decision on the justification of the charges against him, or rather, the achievement of ensuring that the accused do not remain for a long time under the weight of the charge and that a decision is made on the validity of the charge (“Vemkhov v. Germany”, paragraph 18, “Julia Manzoni v. Italy”, paragraph 25, “Brogan and Others v. United Kingdom”, paragraph 65).

According to the ECtHR, “by requiring the consideration of cases within a ‘reasonable time’, the Convention emphasizes the importance of administering justice without delay, which may jeopardize its effectiveness and credibility” (“Vernillo v. France”, paragraph 38). The reasonableness of the length of the proceedings must be assessed in the light of the circumstances of the case and taking into account the following criteria: the complexity of the case, the conduct of the applicant and the relevant public authorities (“Pelissier and Sassi v. France”, paragraph 43).

The ECtHR recalls that the accused in criminal proceedings should have the right to have the proceedings in his case carried out with particular care, especially in the case of any restriction of freedom for the period until the end of the proceedings. Article 6 of the Convention requires courts to use all available procedural means to establish the guilt or innocence of a person without undue delay. This requirement is intended to ensure the earliest elimination of uncertainty regarding the legal fate of the accused, who remains in a state of uncertainty throughout the entire period of proceedings, regardless of whether the proceedings are ongoing or have been suspended (“Doroshenko v. Ukraine”, paragraph 41).

The next court hearing is to take place on November 13, 2020. Representatives of the ISHR will continue to monitor the criminal proceeding of Anton Aleksandrovich Rosevtsov and Yaroslav Yuryevich Bozhy.