Latest example of judicial lawlessness
On 9 June 2010 the Dzherzhynsky District Court in Kharkiv imposed sentences of 15 days administrative arrest with respect to two of the defenders of Kharkiv’s Gorky Park, Andriy Yevarnytsky and Denis Chernesi. On 10 June the detained men’s lawyer, Arkady Bushchenko, who entirely agrees with them that the ruling passed by Judge Lazyuk was unlawful lodged an appeal. This, according to Article 294 § 3 of the Code of Administrative Offences must, together with the case material, be passed to a court of appeal within three days.
6 days have passed, yet the case had not by 15 June been passed to a court of appeal. According to the Head of the Dzherzhynsky District Court’s Secretary, the case is being prepared and “might be ready tomorrow”.
That is, maybe the staff of the Dzherzhynsky District Court will finally comply with the law, and maybe not? Why does a court which demands that citizens obey the law, itself not do so? At 15.00 on 15 June Mr Bushchenko sent a telegram to the court of appeal demanding that the necessary measures be taken to have the case handed to the court of appeal in the legally established time frame.