As previously reported, Judge Viktoria Svitlytska’s motion for recusal was denied despite her public acknowledgment of a friendly relationship with Samedov, the first deputy head of the Donetsk Specialized Prosecutor’s Office, who was part of the team of prosecutors handling the case.
Given the importance of the principle of public trust in the judiciary, the judge resubmitted her motion to recuse herself, citing, among other reasons, the loss of the “appearance of impartiality” in the eyes of an outside observer.
After facts regarding extrajudicial communication between the judge and the prosecution were made publicly available, these circumstances became the subject of public debate and could objectively raise doubts about impartiality.
At the same time, the renewed recusal request was denied.
Barristers, LLC does not question the judge’s professionalism; however, it draws attention to the risks to the legitimacy of the future court decision in light of the existence of a public conflict of interest.
Continuing the proceedings while doubts regarding impartiality persist may affect the validity of any decision rendered and its perception as meeting the standards of a fair trial.
Dmytro Ryumshyn is represented by Andriy Yosypov, a partner at Barristers, and Bohdan Zabara, an attorney at Barristers.
Author: Andriy Yosipov, Attorney and Partner at Barristers
Source: Barristers Facebook