People’s Deputy of Ukraine Borislav Birch said the main violations of the anti-corruption bodies of Ukraine in the case of the head of the State fiscal service of Ukraine (SFS) Roman Nasirov and explained why the state of Ukraine, even may have to pay for them.
He wrote about this in his blog on the Browser.
“Very bad in the morning, to communicate with human rights defenders and judges on the ECHR (European court of human rights – ed.). But this communication explains very well what caused the breach in Nasirov. After listening to believe that the advocates of the Roman Nasirov got to write thanks. And not one, but several,” writes Birch.
As stated in the blog, just so-called “thanks” the four:
“The first commendation is issued to employees of the NABU for the fact that they read the suspect Nasirova, when he was not conscious. In the video, it looks like a mind to conduct a survey and document it to them is not enough. Of course, because a beautiful picture is paramount. All participants thought about the drama. And I had to think about efficiency. And in addition to gratitude will enter the same that action was after 22-00 is a serious procedural violation. And if for most people the words “procedural violation” is an empty sound until they are not caught in this situation, the ECHR is a reason to justify Nasirov and to oblige Ukraine to financially compensate for the violation. We are likely to get loss in the NAIRU against Ukraine”, – told he.
“The second thanks goes to those who put Nasirov in a cage in court. Knowing that Ukraine more than 10 years fuck in the European courts over the cells, the judge or representatives of the NEB allowed to Nasirov put in a cage and this violated article 3 of the European Convention on human rights. Because according to the decisions of the ECHR placement of a suspect, and thus not yet convicted according to the court, in a cage, in fact, specifies that it is physically dangerous to society or might flee from the courtroom. In addition, the society may perceive a person placed in the cell, as already guilty. The combination of these two factors can pull on the violation of article 6 of the Convention – Right to a fair trial. This immediately demolishes the case and in fact justifies the suspect. About this could not know the staff of the NEB and the court,” he added.
“The third gratitude goes to those brilliant activists who went to the judge home. Congratulations, the fact of such arrival to the ECHR is seen as a way of pressure upon court and is unacceptable from their point of view. And with that we soon will have to deal with the PACE defensively and try to minimize the impact,” – said Birch.
“The fourth thanks goes to “great friends” of Ukraine, which, blocking Nasirov in court, had violated Article 5 of the same Convention”, – he concluded.
According to the MP, all of the above facts already contained in the ECHR by lawyers Nasirov.
“Based on all that I can say that Ukraine is going to lose business thanks to the participants from the prosecution, because of their incompetence and unprofessionalism. The difference between a criminal and a law that the offender violates the laws, and the law must punish only in compliance with laws. If you break the law, then the distinction between them is erased and we get the same criminals, but with authority from the state. It annoys me corruption in Ukraine, irritating the judges, who often make decisions based on personal interests, hate the slowness of law enforcement officers and angry that none of the senior thieves and corrupt officials are not punished. But that is no reason to break the law and kill the hope that in Ukraine it is possible to build a legal state. Of us make the country of the aborigines,” said Birch.
