Human rights activists: Delay in criminal investigation can be seen as an attempt to deprive victims of their right to a fair trial
Kyiv • UNN
Human rights activists believe that the delay in the investigation of the criminal case may deprive the victims of their right to a fair trial.
Attempts by law enforcement officers to delay the investigation of criminal proceedings can be regarded as an indirect deprivation of the right to a fair trial for the injured party. This was reported to UNN by the Sich human rights group.
When, for example, a criminal case is not investigated by law enforcement agencies and does not go to trial, in this case, indirectly, law enforcement agencies deprive the victim of the right to a trial
In addition, according to human rights activists, the right to a trial can be restricted either directly by the court, which refuses to consider the complaint/claim.
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An example of how the aggrieved party was attempted to be deprived of the right to a trial is the case against Oleksandr Zyma, Director of the Legal Department of the National Bank of Ukraine. At the end of December 2023, the State Bureau of Investigation opened criminal proceedings over possible abuse of office by the NBU's chief lawyer. The case concerns a letter from the National Bank to the Deposit Guarantee Fund signed by Zyma, in which he recommended that the Fund withdraw the lawsuits filed by Concord Bank against the NBU. The document referred to four lawsuits filed by the bank against the NBU, in which Concorde demanded the cancellation of fines totaling almost UAH 63.5 million. They were filed even before the National Bank decided to liquidate Concorde and put it under temporary administration. It is worth noting that Zyma, in addition to the legal department of the National Bank, also heads the Administrative Council of the Deposit Guarantee Fund.
According to Concorde co-owner Olena Sosiedka, Zima's instructions deprived the bank's shareholders of their constitutional right to a fair trial.
After more than 9 months, SBI investigators transferred the case of the National Bank's chief lawyer to the Police Department in Kyiv's Pechersk district. According to Yulia Sosedka, co-owner of Concorde, this is how law enforcement is trying to delay the investigation.
