Observance of the right to fair trial in the case of Viktor Yanukovych. Final report

On January 24, 2019 Obolonskiy District Court in Kiev delivered the verdict to the former president of Ukraine Viktor Yanukovych, finding him guilty of high treason (Article 111 of the CPC) and complicity in planning, preparation and conducting of a war of aggression (Articles 27, 437 of the CPC). The court excluded from the verdict the accusations of actions directed at altering the national borders of Ukraine (Article 110 of the CPC). Former president was sentenced to 13 years in prison in absentia. Defense counsels of V. Yanukovych appealed the verdict at the Court of Appeal. ISHR experts performed monitoring of the former president’s case from May 2017 (starting from preparatory court hearings) and until announcement of the verdict in the court of the first instance. Information collected in the course of the monitoring, primarily discovered violations and obtained statistical data, allow for the analysis of the criminal trial, understanding the extent to which this important for the Ukrainian society trial corresponded to the generally accepted standards of the right to the fair trial.
In the course of the monitoring, the ISHR observed registered 68 episodes, violating the international standards, European Convention for the Protection of Human Rights and Fundamental Freedoms and contradicting the practice of the European Court of Human Rights. Collected data allow for not only revealing violations, but also performing statistical analysis. It provides for the possibility to substantiate, “using the figures”, the presence of the groups of violations that we registered.
The final report consists of three parts: the first part is review of the violations of the right to fair trial, discovered during the monitoring; the second part is the analysis of the collected statistical data; and the third part contains the reports on the monitoring of the court hearings in the case of V. Yanukovych published by the ISHR in 2017 and 2018.

The full Report can be viewed here.