Ukrainian military man, volunteer and musician Andriy Antonenko (“Riffmaster”) and his lawyers have filed a lawsuit against his right violation to a fair trial and freedom, from their point of view, to the European Court of Human Rights.
Both Antonenko and the paediatrician, volunteer Yulia Kuzmenko, have been imprisoned for more than six months after their arrest and high-profile accusations by police, who announced the detection of the murder of journalist Pavel Sheremet. However, after the indictment announcement, significant changes within the case took place. Moreover, the process participants questioned more and more the so-called “evidence” that had been collected by law enforcement officers.
Unsurprisingly, in the lawsuit, the defence focused on the right to be presumed innocent until proven guilty, which is an aspect of the right to a fair trial.
The lawsuit was filed on behalf of Antonenko. Meanwhile, all of the alleged violations are applicable equally to Yulia Kuzmenko and partially to the third person involved in the case, military doctor Yana Duhar.
Probable violations refer to Article 5 of the European Convention on Human Rights (a right to liberty) and Article 6 (a right to a fair trial).
The possible violation of one of the ground legal aspects, i.e. the presumption of innocence, was a concern after the detention of potential participants in the murder. Politicians, human rights activists and public personalities have repeatedly made statements regarding this.
Antonenko’s lawyers insist that the presumption of innocence was violated in their client’s case, in particular through public statements by Ukrainian officials.
Meanwhile, the Kyiv Court of Appeals postponed Antonenko’s defence’s lawsuit against his arrest for the third time. The next meeting is scheduled for 9 July.