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23.07.2012

ECHR announces public hearing in Tymoshenko case

   

The European Court of Human Rights is to hold a public hearing into the application lodged by former Prime Minister and opposition leader Yulia Tymoshenko regarding her detention. 

The following is the ECHR press release

Forthcoming chamber hearing in the case of Tymoshenko v. Ukraine

The European Court of Human Rights (the Court) will be holding on 28 August 2012 at

2.30 p.m. a public hearing in the case of Tymoshenko v. Ukraine (application no. 49872/11), concerning complaints related to the detention of the former Ukrainian

Prime Minister.

After the hearing the Court will begin its deliberations, which will be held in private. Its ruling in the case will, however, be made at a later stage. A limited number of seats are reserved for the press. To be sure of having a place, you need to book in advance by contacting the

Court’s Press Unit (+33 (0)3 90 21 42 08).

Ms Tymoshenko, born in 1960, is the leader of Batkivshchyna, the main opposition party in Ukraine, and of Yuliya Tymoshenko’s Block. She was the Prime Minister of Ukraine in 2005 and between December 2007 and March 2010. Criminal proceedings were brought against her for allegedly making an illegal order for the signing of a contract concerning gas imports.

On 11 October 2011, she was convicted as charged, including of abuse of power, and

sentenced to seven years’ imprisonment and a three-year ban on holding public office. Her subsequent appeal on points of law is currently pending.

Her application was lodged with the Court on 10 August 2011. She alleges, in particular: that her detention was politically motivated; that there has been no judicial review of the

lawfulness of her detention in Kyiv SIZO no. 13; that her detention conditions are

inadequate, with no medical care provided for her numerous health problems; and, that she was under round-the-clock surveillance in Kharkiv hospital. She relies principally on Article 3 (prohibition of degrading treatment or punishment), Article 5 (right to liberty and security), Article 8 (right to private life) and Article 18 (limitation on use of restrictions on rights) of the European Convention on Human Rights.

The Court decided on 14 December 2011 to give priority to the case in view of the serious and sensitive nature of the allegations raised.

On 30 December 2011 Ms Tymoshenko was transferred to the Kachanivska Correctional Colony in Kharkiv. On 14 March 2012 she applied to the Court for an interim measure, asking to be transferred to an appropriate medical institution in view of her health. On 15 March 2012 the Court requested that the Ukrainian Government, under Rule 391 of its Rules of Court, ensure Ms Tymoshenko’s adequate medical treatment in an appropriate institutionalised setting.

On 4 April 2012 she was offered a transfer to the Central Clinical Hospital of the State

Railway. From 13 to 15 April 2012 German doctors from the Charité Hospital examined her and visited the premises of this hospital.

1 The Chamber or, where appropriate, its President may, at the request of a party or of any other person concerned, or of its own motion, indicate to the parties any interim measure which it considers should be adopted in the interests of the parties or of the proper conduct of the proceedings before it.

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