war crimes in Ukraine

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Lutsenko trial: “Victim” doesn’t see himself as such and asks to be left alone

The Judge rejected both Yury Lutsenko’s objections that he was not being allowed to question the alleged victim of his alleged offence and the call to abandon a case in which there is no victim of the crime

At the beginning of Wednesday’s court hearing in the second prosecution of former Minister of the Interior and opposition leader, Yury Lutsenko, presiding Judge Medushevska read out a telegram from the officially aggrieved party in the case. As reported, Lutsenko is accused of having organized the unlawful surveillance on Valentin Davydenko, driver of the former Deputy Head of the SBU [Security Service] Volodymyr Satsyuk. Yushchenko had been taken ill in 2004 after dining with SBU people at the dacha of the SBU Deputy Head.

In the telegram the same Valentin Davydenko states that he does not consider himself to be a victim in this case and asks the court to not disturb him any more.

Yury Lutsenko stated that the judge was not complying with Article 277 of the Criminal Procedure Code by continuing the court hearing.

The other defendant in the case, O. Pavlyenkov then asked the court to read Davydenko’s statement before beginning to question him again.

The Judge refused to read out his lawyer’s application at which point Lutsenko again declared his protest at the actions of Judge Medushevska. 

“According to the law you need to give us Davydenko, not a telegram. Do not disgrace the laws, the coat of arms and flag you are sitting under”.

Lutsenko’s lawyer, Fomin stressed that you can’t examine a case in the absence of the victim.”

The judge ignored all the objections and moved on to question Pavlyenkov.  The latter however stated that he was only prepared to answer any questions after receiving a detailed explanation from Davydenko of what he meant by his telegram.

The judge also rejected applications to remove the Prosecutor and to call Yanukovych as witness.

She did however partially allow one application, giving Lutsenko and his lawyers time to prepare additional material for the court examination.  The next hearing is scheduled for 27 July.

From the report on the Narodna Samooborona website 

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