Former MP Pashynskiy released from jail under house arrest

Former MP Serhiy Pashynskiy was released from jail
under house arrest in a Dec. 18 ruling by the Kyiv Appellate Court after two
months’ incarceration, the Interfax-Ukraine news agency. He was arrested on
Oct. 7 after being named a suspect in the criminal charge of inflicting severe
bodily harm. Pashynskiy shot a motorist in the leg following a traffic
incident, insisting afterwards that he was defending himself. He was ordered
not to speak with the victim and witnesses, submit his passport, wear an
electronic bracelet and appear in court when requested.

Recall, lawyer Andriy Portnov, widely acknowledged to
be representing the interests of the Yanukovych entourage in Ukraine, acknowledged  filing
the criminal complaints against Pashynskiy surrounding this incident, as well
as others. In a Telegram post that foresaw Pashynskiy’s arrest by several
hours, Portnov made ominous threats about his safety in jail. In his turn,
Pashynskiy alleged Portnov arranged the court hearing, which “violated all
acting legal norms” considering the criminal case was investigated and closed.

Zenon Zawada: Pashynskiy
is a shady character in Ukrainian politics who isn’t the least bit popular. He
was arrested not for his role in the traffic incident (a closed case), but
having become a target for political revenge by the Yanukovych entourage, as
currently being represented by Andriy Portnov. Nonetheless, Pashynskiy’s
release is a troubling sign that the Zelensky administration is pursuing the
same policy as the Poroshenko administration in dealing with high-profile
suspects in criminal affairs. That approach consists of issuing notices of
suspicion to convenient political targets, often on criminal charges that are
tangential to true reason for their incarceration. The suspects are then held
in detention for several months to intimidate them, before being gradually
released with the understanding that they comply with the new regime. Their
arrests merely serve as political ends, with their criminal cases never
reaching a full trial, let alone a judge’s verdict.

The most egregious example of this approach was former
Party of Regions Parliamentary Faction Head Oleksandr Yefremov, who was
named a suspect in terrorism charges (among others) and sat in jail for three
years without a criminal trial. Under the Zelensky administration, he was not
only released from jail under house arrest, but then released from house arrest
this week. Though Zelensky can’t be influencing local judges directly,
Ukraine’s reality of a dysfunctional judiciary and lacking rule of law should
prompt the top authorities to set the proper tone for judges – through various
formal and informal channels – to try high-profile figures in full compliance
with international legal standards, as well as applying the most equal
conditions. It’s doubtful Pashynskiy would have be released under house arrest
if he was an average citizen.

The result of Poroshenko’s approach is that not a
single high-profile figure was convicted of a crime, despite the killings on
the Maidan in 2014, the war in Donbas and dozens of corruption scandals. The
arrest of Pashynskiy and a few others created the impression that Zelensky
would prosecute influential politicians and entrepreneurs to the fullest
extent. Although Pashynskiy’s court trials are not over, his release under
house arrest is the first hint that power and status will provide political
immunity under the Zelensky administration. In which case, the public will not
believe in improving rule of law in Ukraine.