The Pechersky District Court of Kyiv has once again demonstrated a dangerous trend—selectivity in considering the parties’ motions.
While granting a series of procedural motions filed by the defense, the court simultaneously denied the most crucial one—the request to obtain evidence that could refute the charges and confirm that the offense was provoked. No investigation was allowed into the defense’s version of events regarding the victim, his cooperation with the SBU, or his motives for participating in this case.
The court cited the fact that, at the preliminary hearing stage, it allegedly lacks the authority to collect and evaluate evidence. However, this approach proved to be “flexible” when it came to the prosecution’s interests: the prosecutor’s motion to extend the preventive measure was not only considered but also successfully substantiated by 96 pages of materials, which the court readily took into account.
As a result, Chervinsky remains under round-the-clock house arrest.
Such selective application of the law undermines the foundations of the adversarial process and the principle of equality of the parties. The court cannot ignore evidence of innocence simply because “it is not the right time.” For right now is precisely the time to stand guard over human rights and freedoms, not the interests of the prosecution.
The defense continues to fight for a transparent, impartial, and fair trial for Roman Chervinsky.
Author: Andriy Yosipov, Attorney and Partner at Barristers
Source: Barristers Facebook