It will not be possible to prosecute those who are guilty of crimes against Euromaidan activists if the government will not eliminate the causes of impunity.
As reported by the lawyers of Nebesna Sotnya in the LIGABusinessInform press center in Kyiv on February 17.
Lawyers state this legislation was deliberately established in Ukraine to prevent investigation of crimes.
Among those laws – the law on prevention of prosecution of participants of protest events.
“Any student, who is studying to be a lawyer, will tell you that this law is trash. It negates the Constitution and criminal law. This was done deliberately to avoid investigation into causes and reasons for committing crimes”, - as reporter of the Human Rights Information Centre has quoted lawyer Vitaly Titych.
“Due to this law it impossible to bring militiamen to justice. They are filing motions for closure of criminal cases and are referring to this law. But they must be brought to justice, since they are perpetrators and can expose the system, which was persecuting activists”, - added lawyer Victoria Deyneka.
She also highlighted the legislation on trial in absentia, which could eventually lead to the acquittal of criminals.
Human rights defenders are convinced that the law on trial in absentia was purposefully adopted for the former president Viktor Yanukovych. They point out that this may be indicative of selective justice. Therefore such sentences can be appealed in the European Court of Human Rights.
In addition, lawyers of Nebesna Sotnya indicate at the decriminalization of cases of employees exceeding their powers.
“Excessive force, dispersal of protesters fall under Article 364 and 365 of the Criminal Code of Ukraine. But because of the made amendments this article works only when illegal actions result in property damage. For example, cases of embezzlement of funds. But is there property damage when the person is beaten? This article is decriminalized. This article is incriminated in many cases, but these cases are getting dismissed”, - said Victoria Deyneka, the lawyer of Nebesna Sotnya.
In addition, human rights defenders state that judges are reluctant to consider crimes committed during Euromaidan. Such cases are drawn out and judges, who persecuted activists, are refusing to take plea of abatement.
“Without political will, legislative changes, cleansing of law enforcement agencies it is impossible to restore justice. We need to use international mechanisms – such as International Criminal Court or joint investigative international groups. Then there will be an exchange of experience and impartiality in the investigation. Then no one will command investigators what to do”, - summed up Victoria Deyneka.
Among the positive lawyers emphasized the growing confidence of victims to the investigation. This, according to lawyer Pavlo Dikan, encourages them to provide evidence of crimes to the investigators.
Another positive factor, which is influencing the course of the investigation, - is recharacterisation of the case of shooting of Euromaidan participants as an act of terrorism.
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