: :inin Kyiv (EET)

European Court discontinues examination of second case brought by Tymoshenko


The European Court of Human Rights (ECHR) has discontinued examination of the second application of Yuliya Tymoshenko against Ukraine on friendly settlements.
The ECHR press office informs that the decision was unanimously taken on December 16, 2014.
“The European Court of Human Rights has unanimously decided to strike the application out of its list of cases pursuant to Article 39 (friendly settlements) of the European Convention on Human Rights,” press office notes.
The statement reads that the second application of Tymoshenko was brought on August 10, 2011, and concerned the fairness of the criminal proceedings, initiated against her over signing the gas contract with Russia. Ukraine’s ex-PM raised several complaints under Article 6 (right to a fair trial), Article 7 (no punishment without law) and Article 13 (right to an effective remedy) of the European Convention on Human Rights.
She also complained, under Article 18 (limitation on use of restrictions on rights), that the criminal case against her had been politically motivated and constituted an abuse of the criminal system of justice.
Furthermore, the case raised a number of issues under Articles 3 (prohibition of torture and inhuman or degrading treatment) and Article 8 (right to respect for private and family life), Article 10 (freedom of expression) taken in conjunction with Article 18 of the Convention and under Article 4 of Protocol No. 7 (right not to be tried or punished twice).
May 7, 2104, the Court took note of the Ukrainian Government’s declaration in which they admitted that the criminal prosecution of Ms Tymoshenko had been politically motivated. Following Ms Tymoshenko’s agreement to the terms of that declaration, the Court considered that it implied a friendly settlement between the parties and therefore found no reason to continue its examination of the case.
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