In Dvorichansky district the 15-year-old IDP Roma had a fight with a fellow villager who offended his brother. Dvorichansky district court sentenced the minor to 2 years of imprisonment for slight injuries caused to the victim, closed craniocereberal trauma, concussion of brain and hypostasis. According to the lawyer, chairman of Chuhuiv human rights group Roman Lykhachov the verdict is pronounced with numerous procedural violations.
Details of the case became known during round table on Roma issues that took place on January 14 in Kharkiv, at Office of UN High Commissioner for Refugees (UNHCR) with support of International Renaissance Foundation. Participants of dialogue are public activists, representatives of Roma NGOs, international organizations, funds and missions, public authorities and local government, human rights activists. They raised a problem of violation of the rights of Roma and discrimination from police. In particular, violations of the rights of the young Roma whose case was an evident example of discrimination based on ethnic origin.
Complicated case of the imprisoned guy is under control of lawyers of Chuhuiv human rights group now.
The lawyer Roman Lykhachov (on the photo) tells about a number of violations in relation to the young man, noting that the minor Roma at the same time is a displaced person, he practically does not speak Ukrainian. That is, in this case the person, besides the minor, is vulnerable on different signs and suffers from double discrimination.
The lawyer points to the following procedural violations:
First, the medical examination of the accused, who also had injures and bruises, was not carried out.
Further, having opened court hearings, the court did not discuss a question of possibility of court proceedings in the absence of the victim who did not appear. The court did not consider opinions of participants of trial concerning opportunity to find out details of the case under such circumstances. And only at the end of court hearings, after the interrogation of trial participants it was declared that the victim had submitted the statement for trial in his absence.
Finally, it is not clearly why the court applied detention as a measure of restraint. It can be applied to the minor only in case he is accused of commission of heavy or especially serious offence when it is assumed that the accused evades investigation, influences criminal proceedings, material evidences, etc.
At the end of round table it was decided to create an urgent board of lawyers, human rights activists and UN officials for coordination of actions in this situation to help the guy.
To stop as soon as possible violation of the rights of the guy, the lawyer Roman Lykhachov appealed to the chairman of Kharkiv Appellate Court to promote trial in this case in the shortest possible time.
For more details about the bases collected by the lawyer that prove illegality of detention of the Roma guy see in the annex to article.
Legal Space will follow developments.
The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.
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