The judge of the Supreme Court of the Russian Federation responded to apply of Ms.Valeriya Lutkovska

29/09/2015 16:14

On September 4 the current year the Ukrainian Parliament Commissioner for Human Rights applied to the chairman of the Supreme Court of the Russian Federation Ms.Vyacheslav Lebedev concerning facts of use of tortures while carrying out pre-judicial investigation and discrimination concerning case of citizens of Ukraine Mr. Oleg Sentsov and Mr. Olexander Kolchenko.

In the answer of the judge of the Supreme Court of the Russian Federation Mr. Igor Krupnov it is said that the apply of the Commissioner for Human Rights is sent to the North Caucasian district military court for deposition to materials of criminal case together with appeal complaints of participants of court session.

It is known that on August 25, 2015 the North Caucasian district military court in Rostov-on-Don sentenced citizens of Ukraine Mr. Oleg Sentsov and Mr. Olexander Kolchenko to 20 and 10 years of imprisonment respectively.

The incriminated charges to the Ukrainian citizens, as we know, are based on the evidences received with use of tortures whereof both Mr. Oleg Sentsov, and Mr. Olexander Kolchenko, and subsequently and Mr. Olexander Afanasyev repeatedly declared.

"Unfortunately, these statements not only weren't considered by court while assessing evidences, but their investigation was not ensured according to requirements of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and Convention for the Protection of Human Rights and Fundamental Freedoms", – it was noted in the apply of Ms. Valeriya Lutkovska.

According to the Ukrainian Parliament Commissioner for Human Rights, the punishment intended to Mr. Oleg Sentsov and Mr.Olexander Kolchenko in the form of imprisonment for the term of 20 and 10 years respectively specifies that in a judgment discrimination on a national origin against the Ukrainian citizens is accurately traced. It can be tracked on the example of hearing of cases of citizens of Russia, activists of organizations "Revvoyensovet" and "Avtonomnaya boyevaya terroristicheskaya organization", their terms of imprisonment according decisions of the courts were much less.

"It gives the grounds to claim that the same standards of the criminal law are applied differently to the Russian and Ukrainian citizens that is direct violation of article 5 of the International Convention on Elimination of All Forms of Racial Discrimination which obliges the participating state to ensure equality of each person before the law, despite of a national or ethnic origin. Especially it concerns ensuring the right for equality before the court and all other bodies administering justice", – Ms. Valeriya Lutkovska emphasized.