The ex-minister's lawyers are waiting for a decision from the European court that will change the fate of their client

The defense team of former Interior Minister Yuriy Lutsenko expects to receive a decision from the European Court of Human Rights within two months. If it is positive, the lawyers hope to change the preventive measure for their client and send the case for additional investigation.

Yuri Lutsenko's lawyer Igor Fomin yesterday told reporters about the ex-minister's defense strategy, the main role in which is given to the decision of the European Court of Human Rights (ECHR). He stated that the European Court had completed all procedural actions on Mr. Lutsenko’s complaint and had entered the decision-making stage. "All communications have already been completed. There was our demand (to the ECHR - Kommersant), there was an appeal to the government of Ukraine, which has already responded to the European Court, we gave our comments on the response of the government of Ukraine. There will be no further procedural actions. Now the European the court must make a decision,” said Mr. Fomin. At the same time, he expressed hope that the verdict of the European Court in the case of Yuriy Lutsenko will be ready within two months.

The government responded to the ECHR’s questions back in April. In it, in particular, the Cabinet of Ministers states that the ex-minister was taken into custody on legal grounds, as part of a criminal case. At the same time, choosing a preventive measure for Mr. Lutsenko in the form of arrest is a justified step, the document says, since his behavior in freedom gave investigators reason to suspect that he could “influence the course of the investigation and hinder the establishment of the truth in the case.”

Let us remind you that the former head of the Ministry of Internal Affairs is accused of exceeding power and official authority when hiring his driver Leonid Pristuplyuk (indicted in a criminal case as an accused), illegally signing a resolution to conduct surveillance of one of the defendants in the case of poisoning of presidential candidate Viktor Yushchenko and illegal celebration of Police Day in 2008 and 2009 (see Kommersant on July 5, 6, 7).

Igor Fomin emphasized that the decision of the European Court will be binding for Ukraine. “We filed a complaint about illegal detention and arrest, as well as a violation of the right to defense. At one time, the Supreme Court explained that a violation of the right to defense is an indisputable basis for sending the case for additional investigation,” said Igor Fomin. He also noted that the defense of the former head of the Ministry of Internal Affairs is preparing another appeal to the ECHR, which concerns the violation of Yuriy Lutsenko’s right to a fair trial. “And if the European Court decides on this appeal and our demands are satisfied, then, in accordance with the law, not a single conviction can remain in force,” Mr. Fomin emphasized.

He also admitted that after the witnesses are questioned, the defense may file a motion to question Sergei Voichenko, the investigator in the Lutsenko case. “If one of the witnesses says that he was pressured during the preliminary investigation, naturally, we will once again file a petition to interrogate the investigator so that he explains why such testimony is given and what it is based on,” said Igor Fomin . The lawyer said that the interrogations of witnesses in the Lutsenko case, which he attended, “reminiscent of interrogations from the 30s.” “I am very interested in how and in what way the witnesses in this case will testify in court, when they will publicly communicate with the defense, with the prosecution and with Lutsenko himself. It is much more difficult to lie to a person’s face than to compose testimony in the silence of an office, under pressure investigator," the lawyer noted.

Elena Geda

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