The Pechersky District Court of Kyiv considered several important motions filed by the defense, as well as the prosecutor’s motion to extend the pretrial restraint measure.
Andriy Yosipov, a partner at Barristers LLP, comments:
Jurisdiction: The investigation was conducted by an unauthorized body, which allowed for the collection of “evidence” in a manner that did not comply with legal requirements. The motion to declare the Deputy Head of the General Prosecutor’s Office’s resolution unlawful was denied.
Confidential cooperation: Sariev, who had an interest in the case, was involved in confidential cooperation with the Security Service of Ukraine (SBU), which contributed to the staging of events characterized as a crime. The court also denied this claim.
Inaction by the investigation: Although a cross-examination of Chervinsky and Sariev had been authorized, it was never conducted. The court did not recognize this as inaction.
Pre-trial measure: House arrest has been extended until August 26. However, the defendant is permitted to temporarily leave his place of residence to meet social and daily living needs, subject to the court’s approval.
This position of the court is a necessary compromise: while refusing to ease the pretrial measure, it simultaneously allows for some flexibility in its enforcement.
Andriy Yosypov, a partner at Barristers LLP, is representing the defense in the case.
Author: Barristers
Source: Barristers Facebook