The right to freedom in light of jurisprudence of the European Court of Human Rights in cases of Yuliya Tymoshenko and Yuriy Lutsenko against Ukraine Cover Image

Prawo do wolności w świetle orzeczenia Trybunału w Strasburgu w sprawie Julii Tymoszenko oraz Jurija Łucenki przeciwko Ukrainie
The right to freedom in light of jurisprudence of the European Court of Human Rights in cases of Yuliya Tymoshenko and Yuriy Lutsenko against Ukraine

Author(s): Karolina Szwarc
Subject(s): Human Rights and Humanitarian Law, Politics and law
Published by: Oficyna Wydawnicza KA AFM
Keywords: the European Court of Human Rights; Yuliya Tymoshenko; Yuriy Lutsenko; Ukraine; article 5 the European Convention on Human Rights (ECHR);

Summary/Abstract: In 2012 and 2013 the European Court of Human Rights announced two verdicts, dealing with important cases in Ukraine. They both concerned the leading Ukrainian politicians, that is Yuliya Tymoshenko and Yuriy Lutsenko. Y. Tymoshenko is the leader of the Batkivshchyna political party and of Yulia Tymoshenko’s Bloc. From 18 December 2007 to 3 March 2010, she held the position of Prime Minister of Ukraine. Y. Lutsenko, during the period from 18 December 2007 to 29 January 2010 was Minister of the Interior and the leader of the opposition party Narodna Samooborona. They were accused of abuse of power during their terms in office. The circumstances of the two cases are similar. Both applicants argued that their arrest and detention had been politically motivated and unlawful. In light of the cooperation between Ukraine and the EU, as well as the advancement as a democratic state, these judgements are very important. Significantly, the local and international observers concluded that their conviction was an element of political play. The Court ruled that the Ukrainian authorities violated the article 5 of the European Convention of Human Rights.

  • Issue Year: X/2013
  • Issue No: 2
  • Page Range: 103-112
  • Page Count: 10
  • Language: Polish