A well-known lawyer accused the VAKS judges of working for the prosecution and covering up the mistakes of NABU and SAP
Kyiv • UNN
The Supreme Anti-Corruption Court has joined the single «anti-corruption bloc» with NABU and SAP. This negatively affects the decisions of the VAKS, says Doctor of Law Mykola Melnyk.
The Supreme Anti-Corruption Court "turns a blind eye" to obvious violations of the law by other participants in the anti-corruption bloc – NABU and SAP. This negatively affects the decisions of the HACC, which is interested in siding with the prosecution, – believes Mykola Melnyk, Doctor of Law, Professor.
The inclusion of the HACC in the unified "anti-corruption bloc" objectively affects its decisions, as it is interested in supporting the activities of other elements of the system to ensure a common result. Hence the loyal attitude to submissions, petitions, indictments with which NABU detectives and SAP prosecutors apply to the HACC, to the evaluation of evidence provided by them to the court, "closing eyes" to obvious violations of the law, etc. In many cases, it seems that the activities of the HACC are reduced to compensating for the shortcomings of detectives and prosecutors that they made during procedural actions and execution of procedural documents
He noted that the existence of a single "anti-corruption bloc" of the HACC together with NABU and SAP is recognized even by leading domestic analysts who actively support their activities. At the same time, well-known human rights activists and public figures negatively assess such "systemic unity", the professor emphasized.
"They note that the HACC, "being under constant pressure from NABU, SAP and a certain part of specialized public organizations, instead of a proper legal response to such violations, actually "legalizes" them. This leads to the joint efforts of pre-trial investigation bodies and the court to ensure non-alternative repressive decisions, when the court takes the side of the investigation and prosecution and treats suspects as criminals, although their guilt has not been proven," the famous lawyer stated.
In turn, he said, NABU and SAP put pressure on the HACC. This happens either by initiating disciplinary action against judges who do not grant their motions, or through large-scale information campaigns covering events from the appropriate perspective – on the day a person is notified of suspicion.
"The public appeal of human rights activists and public figures emphasizes that one of the systemic problems in the activities of anti-corruption bodies "is the appointment of those guilty at the stage of pre-trial investigation, even before the вручення suspicion. This is accompanied by illegal and often manipulative disclosure of covert investigative search data, as well as information campaigns aimed at discrediting the figures of criminal proceedings," Melnyk summed up.
Earlier it was reported that the Supreme Anti-Corruption Court distorts the practice of the European Court of Human Rights. In fact, the HACC nullifies both the legal assistance of defenders and human rights, said Semen Khanin, Honored Lawyer of Ukraine, member of the board of the Association of Lawyers of Ukraine.
The European Commission noted that the Supreme Anti-Corruption Court is becoming increasingly dependent on NABU and SAP, which systematically violate constitutional human rights. And Ukrainian lawyers accused the judges of the Supreme Anti-Corruption Court of fulfilling the tasks of SAP prosecutors and NABU detectives. "The HACC judges adhere to a post-totalitarian, post-Soviet approach, when it is necessary to assist the prosecution – SAP and NABU, to fulfill their task," they noted.
