The Supreme Court will examine the use of the "Mirotvorets" website in judicial practice

The Supreme Court will examine the use of the "Mirotvorets" website in judicial practice

The Cassation Criminal Court will analyse, as a part of the Supreme Court, the information sent by the “Uspishna Varta” human rights platform concerning the use of the “Mirotvorets” website as evidence by the courts of Ukraine.

Earlier, “Uspishna Varta” appealed to the Supreme Court with a request to analyse the use of the “Mirotvorets” website by the courts of Ukraine as data evidence from the Internet and to provide appropriate explanations based on the results of summarising judicial practice.

Recall that in the Unified Register of Judicial Decisions the legal team of “Uspishna Varta” found 101 court decisions within criminal proceedings where in the reasoning part the materials of this website are indicated as an evidence base. As a rule, it is in litigation related to the conflict in Donbass. Some of such decisions are made in the framework of a pre-trial investigation in absentia, and in the absence of the accused and the possibility of representing their interests in the courts. Sentences were found in a number of court decisions that use data from the “Mirotvorets” website concerning persons not related to the military conflict (the sentence pronounced to the journalists Dmitry Vasilets and Evgeny Timonin).

According to human rights activists, the use of information from the “Mirotvorets” website by the courts and investigative judges of Ukraine contradict the requirements of the Criminal Procedure Code of Ukraine regarding the admissibility of evidence.

The Supreme Court told human rights activists that the results of the analysis will resolve the issue of the appropriateness of conducting an appropriate generalization of judicial practice.

As Nataliya Natalina, the head of “Uspishna Varta”, underlined, immediately after human rights activists started to publish investigations into “Mirotvorets”, their personal data was added to this website. Since September 2018 “Uspishna Varta” has been seeking, through the courts, to oblige the Prosecutor-General of Ukraine to initiate an investigation into the activities of this website and the illegal publication of the personal data of its employees.

According to Natalina, since September the Pechersky court of Kiev has been postponing the hearings where the lawsuit of human rights defenders is supposed to be considered. The next hearing is scheduled for April 24th, immediately after the second round of the presidential election.

Human rights activists in this situation see political engagement and the fear of the judge to consider this lawsuit in view of the possibility of his data being entered into the “Mirotvorets” website and pressure being exerted by right-wing radical groups.

The full study of “Uspishna Varta” on the use of materials from the “Mirotvorets” website in judicial practice is available at https://uspishna-varta.com/ru/news/ispolzovaniye-m...

Human rights defenders also sent the results of the study to the Monitoring Mission of the Office of the United Nations High Commissioner for Human Rights in Ukraine, the OSCE Special Monitoring Mission in Ukraine, and other international human rights organizations.

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