Ukraine did not violate the Convention on Human Rights in the Tandir case: the delay in the proceedings was caused by the actions of the defendant, according to lawyer Vitaliy Serdyuk
26 January 15:08
OPINION
Ukraine did not violate the Convention on Human Rights in the case of Oleksiy Tandir. The length of the trial and his detention were caused solely by Tandir’s actions and his chosen defense strategy. This was reported by lawyer Vitaliy Serdyuk, senior partner at AVER LEX, on his Facebook page.
The lawyer recalled that On May 26, 2023, after a fishing trip and a feast with friends outside the city of Kyiv, Oleksiy Tandir, returning to Kyiv while driving a Lexus in a state of intoxication, caused a fatal accident that killed National Guard soldier Vadym Bondarenko while on duty.
“Over the past 2.5 years of almost weekly court proceedings in the Svyatoshinsky District Court of Kyiv, about a hundred hearings have been held, of which approximately 60 percent were disrupted by the failure of Tandir’s defense attorneys to appear in court, the filing of unfounded challenges, and the replacement of defense attorneys (which occurred three times).
For example, in 2024, the court was unable to question the prosecution’s witnesses for about six months, and the hearings were postponed solely because Tandy created grounds for this,” Vitaliy Serdyuk noted.
According to him, there were also cases of hearings being postponed at the initiative of the defense due to their alleged participation in other court hearings, which they also failed to attend.
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Also, during the trial, Tandir demanded to be released on health grounds, and after his request was denied, he asked to be released due to mobilization into the rear units of the Armed Forces of Ukraine, etc.
“I think that the above circumstances were not known and were not taken into account by the ECHR, its decision on compensation does not justify Tandir, he remains accused of committing a serious crime – Part 3 of Article 286-1 of the Criminal Code of Ukraine, there is no doubt about the guilt of Oleksiy Tandir.
During the pre-trial investigation and court proceedings in this case, sufficient evidence was gathered. About 40 witnesses for the prosecution and defense were questioned. The court is currently examining written materials and video recordings,” the lawyer concluded.
