Council of Judges to consider report on ‘inconvenient judge’ tomorrow

June 4-5, the Council of Judges of Ukraine is going to consider the report on investigation findings following the address of judge of the Court of Appeal of Cherkasy region Serhiy Bondarenko on pressure exerted on him by Head of the Court Volodymyr Babenko.

This is stated on the Judicial Power of Ukraine portal page.

As a reminder, judge Serhiy Bondarenko claimed that Volodymyr Babenko demanded that he delivered unfair judgments in several cases. When Bondarenko had refused, he was subjected to systematic pressure and threats on part of Babenko.

Judge Bondarenko was deprived of assistant, his memoranda and statements were not registered, and he was forced to violate the law for trial participants to complain about the judge to the High Qualification Commission of Judges. Bondarenko’s car was set on fire, and unknown persons were waiting for him near his apartment. The judge is still working without an assistant.

Serhiy Bondarenko says that he is still not familiar with the case over arson attack on his car.

“Investigator of the Prydniprovsky district department was ordered to provide information about the case. Two months already passed, and I was not even informed about the progress of the case. The court’s judgment has not been executed,” Serhiy Bondarenko said in the program of 2+2 Ukrainian TV channel.

The judge told about the problem when the court took money from the trial participants for the “right” decision.

“They ask if you should be paid money. Then they take money for you. What does that mean? A judge does not even know that someone takes money allegedly for him. Millions are not allowed to be taken. Although, tens of thousands, hundreds of thousands can be taken,” the judge noted.

Serhiy Bondarenko said that even after the Oleksandrivka District Court had ruled to abolish the decree terminating the criminal case, the judge received a response from the prosecutor’s office saying that his complaint about interference in his work as a judge had not been confirmed.

Head of the Council of Judges Valentyn Symonenko noted at one of its meeting that she had received the judge’s complaint about developments in the Court of Appeal of Cherkasy region just recently.

However, Serhiy Bondarenko said at the court hearing that he had sent the complaint to the Council of Judges of General Courts on October 24, 2014.

Head of this council Pavlo Hvozdyk told the Human Rights Information Centre correspondent that the complaint of the judge had been sent to the Council of Judges of Ukraine.

The report of the Council of Judges was to be heard on May 18, but the meeting was not held due to lack of quorum.

The Automaidan lawyer, Roman Maselko, said that the meeting had been cancelled under strange circumstances.

“The journalists were told that the meeting was cancelled at 9:30, and already at 9:58 the information was already published on the website. It’s rather strange they knew about absence of a quorum before the meeting had started. Moreover, the information about the meeting appeared on Friday (May 15) at 14:28, so it was already know about those who were on vacations or a work trip,” Roman Maselko said.

One day left before the Council of Judges meeting, judge Serhiy Bondarenko stated he had not received invitation to the meeting, which he and Head of the Court Babenko were promised to be invited to. Acting Head of the press center “Judicial Power of Ukraine” Olha Kakaulina insists that the invitations were sent to the postal address of the Court of Appeal of Cherkasy region.

“This case is a test for the entire judicial system. Using this example, we’ll see whether the judges are ready to cleanse the judiciary and support the honest judges, who are fighting against illegal pressure, or they will adhere to frank pledge and maintain status quo,” Roman Maselko posted on his Facebook page.

By the time of TV program covering the story of Serhiy Bondarenko was released, Volodymyr Babenko had been on sick leave.

The Prosecutor General’s Office of Ukraine refused to comment on its inappropriate control over the criminal case involving judges, which had been investigated by the Prosecutor’s Office of Cherkasy region.

During the trial in the Oleksandrivsky District Court, Serhiy Bondarenko stated that the criminal case had been trumped-up. He found 15 new pages in it, which had been added after closure of the proceedings.

The Human Rights Information Centre correspondent sent information inquiries to the Prosecutor General’s Office, but head of the department on access to public information Larysa Mylevych refused to provide information.

“I asked, in particular, whether the investigation into falsification had been conducted. I did not ask the Prosecutor General’s Office about specific investigative actions. The information on entering the information into the register of pre-trial investigations is not an investigative action,” the correspondent said, adding that he appealed against the answer to the Ukrainian Parliament Commissioner for Human Rights.

Serhiy Bondarenko describes the Ukrainian legal mechanisms to protect the independence of judges as ineffective, “you are recommended to resort to police, if you have problems. So I went. I have used all the legal mechanisms. None of them is effective.”

According to Roman Maselko, the report should be considered at 10:30 on June 5.