The European Court of Human Rights (ECtHR) said Tuesday that the pre-trial detention of imprisoned former Ukrainian Prime Minister Yulia Tymoshenko has been arbitrary, its lawfulness had not been properly reviewed and that she had no possibility to seek compensation for her unlawful deprivation of liberty.
The judgement in the case Tymoshenko v. Ukraine is not final, but the court found violation of article 5 of the European Convention on Human Rights in respect of right to liberty and security; right to a speedy review of the lawfulness of detention; right to compensation for unlawful detention and limitation on use of restrictions on rights.
However, the European court held by majority that there had been no violation of Article 3 of the Convention (prohibition of inhuman or degrading treatment or punishment) in respect of Tymoshenko’s alleged ill-treatment during her transfer to hospital in Kharkiv on 20 April 2012 and the effectiveness of the investigation of those complaints.
The case before the ECtHR concerned Tymoshenko’s complaints that her detention conditions in the pre-trial detention facility in Kyiv and in the Kachanivska Correctional Colony in Kharkiv had been inadequate, with no appropriate medical care provided for her numerous health problems. In addition, she complained that her detention pending trial had been arbitrary and had lacked legal grounds; that she had been unable to challenge the lawfulness of the pre-trial detention and that she did not have an enforceable right to compensation.
The Strasbourg-based body said that her detention pending trial had been ordered for an indefinite period of time, which in itself was contrary to the requirements of Article 5. Moreover, the court found a violation of the first paragraph of article 5 of the Convention and considered that the pre-trial detention had been arbitrary and unlawful during the entire period on the grounds that the reasons indicated for it remained the same until her conviction.
Additionally, it said that the lawfulness of the detention have not been reviewed in a way which would satisfy the requirements of Article 5.
Last but not least, the ECtHR pointed out that there was no procedure under Ukrainian law for seeking compensation for a deprivation of liberty found to be in breach of Article 5 by the European Court of Human Rights which amounted to violation of the provisions of article 5(5).
Tymoshenko, a former Prime Minister of Ukraine and leader of one of the strongest opposition party, is currently imprisoned after she had been accused of exceeding authority.
Many believed that the pardon of former Ukrainian interior minister Yuri Lutsenko in early April could have been a breakthrough in the case of the ex-prime minister. However, Ukrainian President Viktor Yanukovych made clear that this won’t be the case, after saying on 13 April that Tymoshenko's pardon is impossible as long as her trials are under way.
