At the time of arrest of Nadiia Savchenko, a number of international and national laws were violated
At the time of arrest of Nadiia Savchenko,
a number of international and national laws were violated.
1. Convention for the Protection of Human Rights and Fundamental Freedoms (abbreviated: European Convention on Human Rights). Notably: art.5, art.6.; art.9; art.10; art.14.
Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law.
However, on March 22, 2018, the Security Service of Ukraine illegally detained MP of Ukrainian Parliament in the House of Parliament (Verkhovna Rada of Ukraine), ssuch detention was found to be illegal by a court of first instance.
Point 1. Right to a fair trial
However, the judiciary in Ukraine is completely dependent of the President of Ukraine – each judge is appointed by the President of Ukraine personally by his own decree.
Point 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
Instead, on March 15 and 22, the General Prosecutor of Ukraine Yuriy Lutsenko, in a speech behind the podium in the session hall of the Parliament of Ukraine (Verkhovna Rada of Ukraine), illegally, without a court judgment, accused Nadiia Savchenko in committing of number of crimes. Consequently, by such actions, the General Prosecutor of Ukraine deliberately violated the norm of European Convention on Human Rights regarding the presumption of innocence of a person.
ARTICLE 9, 10
Freedom of thought, conscience and religion, Freedom of expression
Nadiia Savchenko was arrested for a “opinioncrime”, that is, for the opinions she expressed, like most Ukrainian citizens, about dissatisfaction with the current authorities and the fundamental change of the political system in Ukraine.
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion and other.
Instead, we have the pursuing of pressure on entourage of MP of Ukrainian Parliament, pressure on the key persons of the political party «The community-political platform of Nadiia Savchenko», creating artificial obstacles in the work of the MP of Ukrainian Parliament Nadiia Savchenko and obstacles in the work of her political party. In particular, during the search on April 10, 2018, official documents and seal of the political party were removed by SBU investigators, which makes impossible to work political party centers throughout the country.
2. Constitution of Ukraine. Notably: art.3; art.6, art. 34; art.36; art. 62.; art.63; art.80.
An individual, his life and health, honour and dignity, inviolability and security shall be recognised in Ukraine as the highest social value. Human rights and freedoms, and guarantees thereof shall determine the essence and course of activities of the State.
In Ukraine, the public bodies have not secured human rights and freedoms towards Nadiia Savchenko. Rights have been violated, from illegal listening and detention, to any investigative action.
The State power in Ukraine shall be exercised with the consideration of its division into legislative, executive, and judicial branches.
This is a fuse of usurpation power in one’s hands. However, in spite of the formal division of power in Ukraine into legislative, executive and judicial, in fact, power is concentrated in one’s hands – the current President and his pro-government party. And this, in turns, creates conditions for pursuing political rivals. In particular, recently, the leader of another oppositional political force was persecuted by the President and his entourage and he had been expelled.
Everyone shall be guaranteed the right to freedom of thought and speech, and to free expression of his views and beliefs.
Nadiia Savchenko was arrested for expressing her thoughts, views, beliefs about abusing the status of key persons of the state on disrespecting corrupt high officials and for her ideas of changing the political system of Ukraine.
Everyone shall have right to freedom of beliefs and religion.
The pressure is being continued on entourage of MP of Ukrainian Parliament, pressure on the key persons of the political party «The Community-political platform of Nadiia Savchenko», creating artificial obstacles in the work of the MP of Ukrainian Parliament Nadiia Savchenko and obstacles in the work of her political party. In particular, during the search on April 10, 2018, official documents and seal of the political party were removed by SBU investigators, which makes impossible to work political party centers throughout the country.
A person shall be presumed innocent of committing a crime and shall not be subjected to criminal punishment until his guilt is proved through a legal procedure and established by a court verdict of guilty.
Instead, on March 15 and 22, the General Prosecutor of Ukraine Yuriy Lutsenko, illegally, without a court judgment, accused Nadiia Savchenko in committing of number of crimes. Thus, the fundamental constitutional right of a person is violated – a presumption of innocence.
An accusation shall not be based on illegally obtained evidence or on assumptions. All doubts in regard to the proof of guilt of a person shall be interpreted in his favour.
All audio and video recordings that were shown publicly and on which the suspicion based towards to MP of Ukrainian Parliament, Nadia Savchenko, were received illegally, because they were not granted permission of the Ukrainian Parliament (Verkhovna Rada of Ukraine).
A suspect, an accused, or a defendant shall have the right to a defence.
The right of Nadiia Savchenko to defense is constantly violated. In particular, while conducting the investigative actions, her attorney deliberately does not admit to certain stages of it. (For example, during checkout procedure on a polygraph in April 17, 2018).
The people’s deputies of Ukraine shall be guaranteed immunity of a deputy.
It means that conducting any investigative actions against MP of Ukrainian Parliament is forbidden without special permission of the Ukrainian Parliament (Verkhovna Rada of Ukraine).
3. The Law of Ukraine «About the status of people’s deputy of Ukraine»
The people’s deputies of Ukraine shall be guaranteed immunity of a deputy for the whole term of the deputy powers.
It means that the search, detention of MP of Ukrainian Parliament or the inspection of personal things and luggage, transport, housing or office of MP of Ukrainian Parliament, as well as violations of the privacy of correspondence, telephone conversations, and the application of the other measures are, according to the law, restrict the rights and freedoms of MP of Ukrainian Parliament, and are permitted only in cases when the Parliament of Ukraine (Verkhovna Rada of Ukraine) has given the consent to pursue criminal proceedings.
And all the materials submitted and publicly announced by the prosecution against Nadiia Savchenko as an evidence are gathered before the consent of the Parliament of Ukraine (Verkhovna Rada of Ukraine) to pursue criminal proceedings, that is, illegally.
Also violated the procedural norms, which are enshrined in the Law of Ukraine “On the Rules of the Verkhovna Rada of Ukraine”, the Criminal Code of Ukraine, the Code of Criminal Procedure of Ukraine