30.04.2015 by the European Court of Human Rights (hereinafter – ECHR) adopted a second decision on the application of Yaremenko Alexander, who now is serving a sentence of life imprisonment.
In its first decision of 12.06.2008, the ECtHR found a violation of Ukraine Articles 3 and 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter – the Convention). As a result of violations was obtained the evidence which subsequently formed the basis of the judgment which has been condemned Yaremenko A. 20.11.2001 year. In 2008, the ECHR found that Ukraine was violation of Article 3 and Part 3 of Article 6 of the Convention. Despite this, in July 2009 the Supreme Court of Ukraine (hereinafter – SCU) instead of cancellation of convictions and send the case for a new trial leave valid verdict against conviction Yaremenko A. These circumstances have forced Yaremenko A. (which is represented by counsel Arkady Bushchenko) to re-apply to the ECHR, which 30.04.2015, recognized the existence of an even greater number of violations on the part of Ukraine. For ECHR it indicates that MAT had violated the rights guaranteed by Article 6 of Part 1 and paragraph “C” Part 3 of Article 6 of the Convention with respect to Yaremenko A.
2009 Ukrainian Helsinki Human Rights Union prize “Beet the Year” in the category “Blatant disregard for the principles of justice” was awarded the SCU – for refusing to cancel the guilty verdicts of national courts on the basis of the decision of the ECHR in the case “Yaremenko A. against Ukraine”.
The text of the decision can be found here:
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