Judges Recuse themselves from Euromaidan Murder Case

Pechersk District Court judge Volodimir Karaban read out a decision by a collegium of judges, which accepts the motion by judges Sergei Vovk and Olesya Batrin to recuse themselves from the case of 39 murdered Euromaidan activists, reports the correspondent of the Human Rights Information Centre from the court hearing.

Today, the court began the trial of Sergiy Zinchenko and Pavlo Abroskin, former Berkut offices who are being charged with the murder of 39 Euromaidan activists.

Referring to the Pechersk District Court of Kyiv briefing note, the court argued that it is impossible to create a collegial composition of the court to review the criminal proceedings. There are no remaining judges who have not participated in the pre-trial examination of the case, so creating a new panel of judges would be impossible.

“Judges Batrin and Vovk filed for recusal on the grounds that they had participated in the criminal proceedings during the pre-trial investigation as the investigating judges. The prosecutor objected to a review of the motion. The Defense supported the stated motion. All other participants deferred to the court. In accordance with Part 1, Article 76 of the Criminal Procedure Code of Ukraine, a judge who participated in criminal proceedings during pre-trial investigation may not participate in these proceedings in the court of the first instance, appellate and cassation courts, in review of judgments by the Supreme Court of Ukraine or newly discovered circumstances. In accordance with Article 80, if grounds specified in Articles 75 to 79 of the present Code are present, investigating judge, judge, juror, public prosecutor, investigator, defense counsel, representative, expert, specialist, translator, court session secretary shall be required to recuse themselves. Upon the same grounds, they may be challenged by individuals who participate in criminal proceedings” read the decision Volodimir Karaban.

Therefore, the judges turned to the Kyiv Court of Appeal so that it may grant jurisdiction over the case to another district court.

Prosecutors, victims, and their representatives objected to sending criminal proceedings to the Court of Appeal. Yatsenko, the victims’ lawyer, noted that this has already been the second hearing on the court’s composition and that the victims came there from faraway regions of Ukraine.

The Defense was satisfied with the court’s decision. “The court’s decision was justified because these judges participated in the pre-trial investigation and they have no right to hear the case,” said Oleksandr Baydyk, the defender of suspect Sergiy Zinchenko.

However, Oleksiy Donskiy, a senior prosecutor in the Office of the Prosecutor General of Ukraine, believes that there were no grounds for recusal, because they, as investigating judges, have considered the evidence and solicitations in other cases. The state prosecution is certain that an examination of the true merits of the case is being delayed. A new a court will have to hear the case from the very beginning.

The relatives of the murdered activists also remain dissatisfied with the judgment.

In March and April of 2014, law enforcement officers detained and arrested former Berkut fighters Zinchenko and Abroskin and their commander Dmitro Sadovnik. They are suspected in the shooting of Euromaidan protesters on Institutska street in Kyiv.

In early October, it was reported that Sadovnik escaped from house arrest. On October 4 he was listed as wanted.