Monday, December 8, 2008

Zhenia updates


Zhenia was tortured and imprisoned on murder charges last year. His teeth and leg were broken, he was subjected to electric shocks and had his head stuck in a gas mask and the vent blocked.
The defense team have won three cases against the state on torture charges, despite the fact that the state would not allow an independent doctor or dentist examine Zhenia. This has not helped Zhenia, who still remains in jail waiting for yet another hearing.
Forensic evidence (in Zhenia's favor) has been stalled, delayed, and obfuscated several times. Hearing after hearing has been delayed. The attorneys continue the fight against the system to prove Zhenia's innocence, despite the IMMENSE difficulties and obstacles put up by the prosecutors and police.
The risks to Zhenia in jail are life threatening - tuberculosis is rife and many of the infected inmates resort to eating rats to get the necessary protein in their diets to survive.
Thank you to the donors who have helped to pay for ongoing legal fees. And a special thanks to Travis (age 12) who donated his Christmas money to buy Zhenia some goodies for a parcel in prison for Christmas and New Year, and donated his pocket money to help Zhenia.
Latest Update from Ukraine 7 December 2008
Well, this case is turning into a very dramatic Hollywood movie with unknown ending...The ONLY witness we had - Zhenya's neighbour who was watching TV with him at the time of the murder died of hypertensive crisis (supposedly)! We can't say for sure it was a murder but it is certainly a very sudden and suspicious death. The man was under 40! Moreover, the journalist who did the TV coverage on Zhenya's case has been given two bodyguards by the SBU (former KGB) after his TV channel reported numerous anonymous threats addressed to this reporter.
The Prosecutor's Office wants to launch an investigation against Oleg Veremeenko, one of our attorneys, for sharing video information from the case with TV people. The judge was very upset with Oleg for sharing information with mass media (which is perfectly legitimate by Ukrainian law). The pressure on the defence is enormous.
Today our attorneys brought an expert from the national television station (a camera man) who was supposed to confirm that the "shadow" on Zhenya's face on the videotape was not really a shadow but signs of beating. The judge did not want to hear him. The attorneys requested an examination of Zhenya's hand-writing (signatures) on police papers - the judge rejected that request, too. Our attorneys made several other requests but they were also rejected. During heated debates in court session the prosecutor felt sick so the judge had to stop the hearing and call an ambulance.
When we left the court another TV crew was waiting for us. We all spoke to the cameras and left. The next court hearing is scheduled for December 11th. I don't think it will be the last one but I do hope there will be a verdict before the end of this year.
Our attorneys were amazingly brave and professional today, as usual. I can't tell you how thankful I am to have them working on this case.
Latest Update from Ukraine 3 December 2008
THE most popular 1+1 national TV channel has just told Zhenya's story to the whole country! At prime time (7.30 p.m.) when the whole national watches the news!! They showed interviews with Zhenya's sisters, attorneys, the widow (she said Zhenya wasn't there when the husband was killed) etc. Our attorneys are simply THE BEST!!!!! I can't tell you how excited I am - there are thousands stories like Zhenya's but our attorney Oleg managed to make Zhenya's story known to the whole country. Now the highest ranked government officials will have to respond...Its not a victory yet but its a HUGE blow on the system. WOW!
Latest Update from Ukraine 13 November 2008
The hearing today lasted 4 hours. Our attorneys managed to get a copy of a video tape that was made by police during the investigation (Zhenya's 'confession'). The police taped him from the back so you couldn't see his face but when they moved the camera you could see Zhenya's face for a couple of seconds. The attorneys stopped the tape and everyone could see that the left side of his face was all black and swollen. The prosecutor claimed it was a shadow on Zhenya's face. The judge allowed an independent person to look at the tape and they brought a clerk from the court's administrative office (not quite independent but our attorneys were happy even with that). The clerk confirmed that the boy on the tape obviously looked beaten.
Another good thing today was that the Prosecutor General's Office has put Zhenya's case on their "monitoring list", which is the result of the UN Human Rights Group's report. This means more pressure on the judge to ensure proper procedure. The next hearing is scheduled for December 5th. It is likely to be the last one. Our attorneys expect a 'guilty' verdict but at least it will enable them to move the case to the higher court.
In the meantime, Zhenya asked for some shoes and clothes - turns out he still wears the pair of pants in which he was arrested almost 2 years ago. We will try to find some warm clothes for him at the orphanage. His 18-year-old sister will deliver the clothes and food. Relatives have to wait in line for 8-10 hours outside the detention center to submit care packages... And there is no guarantee everything will be delivered and not stolen, of course.
Latest Update from Ukraine 28 October 2008
The Unites Nations Office of the High Commissioner for Human Rights will try and meet with Zhenia in the CIZO 13 jail this week.
Update from Ukraine 27 September 2008
I spoke to Oleg today (one of our attorneys) and he said the hearing on Thursday was very long but good. The judge was hearing one of the cops, the other one didn't show up for the 4th time. The cop who was testifying was very nervous, gave conflicting information and 'couldn't remember' too many things. Our attorneys, on the other hand, presented another written evidence of Zhenia's alibi - a written statement from the TV channel with the exact timing of the soccer game that Zhenia was watching with the neighbor. The time of the soccer game coincides with the time of the murder.
The next hearing is scheduled for October 13th. Our attorneys are also preparing a complaint to the European Human Rights Court. Normally you can apply to the European Court only after the final verdict in the home country but when cases are intentionally postponed and last too long you can apply without waiting for the final verdict.

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