THE EUROPEAN COURT OF HUMAN RIGHTS FOUND SIGNIFICANT VIOLATIONS BY THE NABU IN THE “GAS CASE” OF OLEKSANDR ONYSHCHENKO

The European Court of Human Rights (ECHR) has issued a ruling in the case of attorney Oleksandr Sergienko, who represented the interests of former Member of Parliament Oleksandr Onyshchenko.

Thanks to the professional and persistent efforts of Constantine Globa, managing partner of the Barristers law firm, the ECHR found that Sergienko had suffered serious human rights violations during the pre-trial investigation. In particular, the court recognized that Serhienko was subjected to inhuman treatment that degraded his dignity. Ukraine was ordered to pay Serhienko compensation in the amount of 15,000 euros.

It should be recalled that during his arrest, Sergienko sustained physical injuries: he was diagnosed with bruises to his chest, arms, and nose, as evidenced by medical records following his arrival at the pretrial detention center. These facts formed the basis for attorney Globa to file official complaints with law enforcement agencies. However, the investigation initiated by the Kyiv Prosecutor’s Office was terminated by NABU officials due to lack of evidence of a criminal offense. Attempts to challenge the decision in court also failed due to a violation of the deadlines for filing an appeal.

The absence of an independent investigation became a key issue in the case: the ECHR noted that the investigation into the allegations of ill-treatment was conducted by the very same agency that had detained Serhiienko. This contradicted the principles of impartiality and independence of the investigation, which the European Court insists upon.

Alexander Tananakin, a partner at the Barristers law firm representing another defendant in the case—Oleksandr Onyshchenko—noted that this ECHR ruling will have a significant impact on the further course of the “gas case.” The court ruling, which confirms violations during the pre-trial investigation, calls into question the objectivity of the investigative actions, which may lead to a review of procedural aspects in both this case and similar cases.

Thus, the experience, professionalism, and teamwork of the partners at the Barristers law firm—in particular, Konstantin Globa and Oleksandr Tananakin—have once again proven their effectiveness in defending human rights. Their work is a shining example of successfully defending clients’ interests both at the national level and in international courts.