Ms. Valeriya Lutkovska applied to the Chairman of the Supreme Court of Chechen Republic of the Russian Federation and the General Prosecutor of the Russian Federation

24/09/2015 16:41

The Ukrainian Parliament Commissioner for Human Rights motivated the applies to Mr. Magomet Karatayev and Mr. Yury Chaika that court session concerning consideration on the merits of criminal case concerning the citizen of Ukraine Mr. Mykola Karpyuk is planned to hold on October 12, 2015.

In letters Ms. Valeriya Lutkovska paid attention that, as appears from information of lawyers of Mr. Mykola Karpyuk, during a pretrial investigation for the purpose of obtaining evidences which would suit law enforcement officers, the mentioned officers used tortures, and also cruel, inhuman and a degrading treatment to him.

"Thus, Mr. Mykola Karpyuk charges are based on the evidences received with use of tortures which according to the international standards of criminal legal proceedings can't be considered as proofs on case and be considered by court while assessing proofs", – it is noted in the Ukrainian Ombudsman's applies.

Ms. Valeriya Lutkovska paid also attention that in the European Court of Human Rights already there was a practice of pronouncement of decisions against the states which didn't ensure the right for freedom from tortures and the right for fair judicial proceedings.

"According to the European Court of Human Rights, an issue is not so much in, whether there was an investigation, and it is rather in that, how conscientious it was carried out, whether intention of the authorities to reveal and punish guilty and whether  it was firm, respectively, there was an investigation "effective". This issue for court is the most important, especially if the applicant brings reasonable accusation that there was a violation of article 3 of the European convention on human rights", – it is told in applies of the Commissioner for Human Rights.

Summing up Ms.Valeriya Lutkovska applied to the Chairman of the Supreme Court of Chechen Republic of the Russian Federation and the General Prosecutor of the Russian Federation to attach the applies to case papers concerning the citizen of Ukraine Mr. Mykola Karpyuk and during judicial proceedings to give an assessment to the facts of use of tortures stated in them while carrying out pre-judicial investigation, and also to ensure full implementation of requirements of international treaties which the Russian Federation is a party of.