EIT ei poistanut ukranalaistuomarin ja hänen puolisonsa rikosoikeudellista immuniteettia

The European Court of Human Rights (hereinafter: “the Court”), sitting in plenary sessions on 29 June and 6 July 2020 in accordance with Article 4 of Protocol No. 6 to the General Agreement on Privileges and Immunities of the Council of Europe;
HAVING REGARD to the request of the Prosecutor General’s Office of Ukraine of 3 March 2020 submitted through the Permanent Representation of Ukraine to the Council of Europe upon the request of the Ministry of Foreign Affairs of Ukraine to clarify and, if appropriate, waive the immunity which Mr Georgii Volodymyrovych Logvynskyi derives from the immunity of his spouse Judge Ganna Yudkivska, elected to the Court in respect of Ukraine (hereinafter: “the immunity”), in connection with a pre-trial criminal investigation conducted by the National Anti-Corruption Bureau of Ukraine No. 52017000000000361, registered in the Unified Registry of Pre-trial Investigations on1 June 2017.

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CONSIDERING that there is evidence suggesting that when conducting the investigative measures targeting Mr Logvynskyi the National Anti-Corruption Bureau of Ukraine resorted to pressuringwitnesses;
CONSIDERING that the above-mentioned actions of the National Anti-Corruption Bureau of Ukraine to obtain evidence to be used against Mr Logvynskyi are incompatible with his immunity under Article 1 of Protocol No. 6 to the General Agreement on Privileges and Immunities of the Council of Europe, and as such run counter to the purpose and meaning of immunity and risk undermining the integrity of the waiver procedure before the Court;
CONSIDERING also that it has not been shown that there are sufficient guarantees concerning theuse of evidence obtained by the violation of Mr Logvynskyi’s immunity in the
domestic criminal proceedings;
CONSIDERING in view of the above that there is no need to make any finding as to the substance of the allegations made at national level;

DECIDES To dismiss the request for the waiver of immunity which Mr Georgii Volodymyrovych Logvynskyiderives from the immunity of his spouse Judge Ganna Yudkivska, elected to the Court in respect of Ukraine.

Press release