European Human Rights Court rules against Lutsenko

The European Court of Human Rights ruled the arrest of Yuriy Lutsenko, a leading opposition politician, was arbitrary and that the lawfulness of his arrest and detention was not properly reviewed. The ECHR found seven violations of the European Convention on Human Rights (including rights to liberty, to be informed of the reasons for arrest and to challenge the lawfulness of detention) and ordered Ukraine to pay EUR 15,000 in moral damages. According to Ukrayinska Pravda, the ECHR judgement is not final and subject to an appeal within three months. Lutsenko was arrested in December 2010 and sentenced to four years in jail and banned from holding public office for three years in February 2012.

Brad Wells: An ECHR ruling in Lutsenko’s favor was expected by most impartial observers, but is unlikely to change the Ukrainian government’s stance on the prosecution of opposition figures, including Lutsenko and former Prime Minister Yulia Tymoshenko. We continue to think that none of these people will be released or pardoned any time soon. At the same time, the ruling on Lutsenko’s case sets a precedent for a complaint brought forward by Tymoshenko, which is due for ECHR consideration in the next 1-2 months. These cases will be particularly important as they will be used against the Yanukovych administration to curry favor for the opposition in the upcoming parliamentary election campaign.