Monitoring of the case of Sorokin Sergei Vladimirovich, Sorokin Vladimir Viktorovich (hearing 08/31/2020)
On August 31, 2020, in the Shevchenkivsky District Court of Lvov, a case was considered in criminal proceedings number 12019140090003025 on charges of Sergei Vladimirovich Sorokin and Vladimir Viktorovich Sorokin of committing a crime under Part 4 of Article 187 of the Criminal Code of Ukraine (robbery aimed at seizing property on a large or especially large scale, or committed by an organized group, or combined with causing grievous bodily harm).
The criminal proceedings are considered collegially, consisting of three judges: A.I. Bayeva, P.T. Eder, D.B. Glinskaya. The hearing in this case was scheduled for 11:00 am and began almost an hour late. The International Society for Human Rights continues to monitor the observance of the right to a fair trial in this case.
The course of the hearing. At the hearing the prosecutor Kravchik R.R. filed a petition for the extension of the measure of restraint in the form of detention for a period of 60 days, referring to the risks provided for in paras. 1, 3, 5 part 1 of Article 177 of the Criminal Procedure Code of Ukraine. The prosecutor motivated it by the fact that the accused could try to escape from the court, unlawfully influence witnesses, commit another criminal offense, or continue to engage in criminal activity, asked the court to satisfy his request without the possibility of posting bail.
The lawyer of the accused V.V. Sorokin – O.B. Zhivko, objected to the prosecutor’s motion. According to the defense attorney, all the requests of the prosecutor are identical. For seven months, the prosecutor has not provided any other evidence for the detention of the accused. The ECtHR has often found a violation of paragraph 3 of Article 5 of the Convention in cases where domestic courts continued detention, referring mainly to the gravity of the charges and using formulaic language, without even considering specific facts or the possibility of applying alternative measures (“Kharchenko v. Ukraine”, paras 80-81; “Tretyakov v. Ukraine”para. 59).
The lawyer of the accused S.V.Sorokin – R.B. Dolya, also objected to the prosecutor’s motion. According to the lawyer, the risks referred to by the prosecutor are not substantiated. The risk that the suspect would obstruct the proper conduct of the pre-trial investigation cannot be assessed in the abstract but must be supported by factual evidence (“Bekchiev v. Moldova”, para. 59).
The defense asked not to apply the measure of restraint in the form of detention, but to replace it with a personal obligation. The defendants’ lawyers asked the court to refuse to satisfy the prosecutor’s request to extend the measure of restraint for the accused.
Accused Sorokin S.V. and Sorokin V.V. supported the position of their defenders.
The court, after consulting, decided to grant the prosecutor’s request, extending the detention for 60 days.
The next hearing is scheduled for 10/7/2020 at 11:00 am. The International Society for Human Rights will continue to monitor this trial.