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Saturday, May 21, 2011

EDITORIAL : THE KYIV POST, UKRAINE



Jury trials

One way of building trust in Ukraine's judicial system is by giving citizens the responsibility and roles to hear evidence and decided on the verdict.

Ukrainians and foreign investors alike feel that the nation is governed by “the rule of the rich” rather than “the rule of law.”

As numerous polls show, trust is low in Ukraine’s government, courts and justice system. In such a situation, President Viktor Yanukovych’s administration are finding it difficult to convince the world that criminal investigations into his opponents are not politically motivated.

Meanwhile, complaints continue to pile up about the lack of justice for ordinary citizens, such as Ihor Indylo.

The Kyiv university student died under suspicious circumstances last year while in police custody. Police claim he died after falling and hitting his head. Indylo’s relatives and friends suspect police brutality.

Whatever the outcome of any case, suspicions always loom because Ukraine’s judges and courts are notoriously corrupt.

That applies to Indylo, corruption charges against former Prime Minister Yulia Tymoshenko and her associates as well as charges against ex-President Leonid Kuchma in the Sept. 16, 2000, murder of journalist Georgiy Gongadze.

The judicial system has many needs: independent judges, professional police and prosecutors, clear deadlines for bringing criminal and civil cases to trial, limitations on pre-trial confinement.

But one easy way of building trust in Ukraine’s justice system is to introduce jury trials, giving citizens responsibility and roles to hear the evidence and decide on the verdict.

Former Interior Minister Yuriy Lutsenko, in pre-trial detention for five months now on corruption charges, has this week called for his case – seen as politically motivated by many – to be heard by a jury. We agree with him.

If Yanukovych is serious about bringing law and order to Ukraine, and demonstrating that investigations under his rule are a genuine effort to combat corruption, letting jury trials composed of citizens make the call in the big criminal cases now unfolding is the best way to prove his dedication.

Certainly, Ukraine’s constitution and laws may need to be changed to accommodate this.

But with a strong grip over parliament and powers in Ukraine, Yanukovych has all the levers of influence and support to deliver on this swiftly.

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