Maksim Kornienko acquitted of charges

On 23 November 2016, the Kharkiv Appeals Court ruled in favour of human rights defender Mr Maksim Kornienko, who, after monitoring a public court hearing was previously found guilty by the Volchansky District Court of Kharkiv region of the administrative offense of “wilful disobedience of lawful orders or requests of policemen” under Article 185 of the Administrative Code of Ukraine,  and was sentenced to 15 days in prison.

Maksim Kornienko is a human rights lawyer and a Director of the Coordination Center “Human Rights Defender” which provides legal assistance for victims of human rights abuse. Maksim Kornienko investigates and defends people in legal cases involving torture and human rights abuses, and monitors trials. He is also a member of the Public Council of the Kharkiv regional state administration.

Maksim Kornienko was observing a public hearing on a criminal case of two Roma community members at the Volchansky District Court of Kharkiv region on 14 November 2016. He was conducting video recording of the trial with his mobile phone when the judge told him to stop without giving a legal reason for denying the recording of the public hearing. According to Article 27, Part 6 of the Code of Criminal Proceedings, video recording is allowed upon permission of the court and consent of participants to criminal proceedings. However, the law “On ensuring the right to a fair trial,” adopted in 2015, introduced changes to Article 11, Part 3 of the law “On the judicial system and status of judges” and enshrined the right of parties in the trial and other persons present in the courtroom to take video recordings without the express permission of the court.

Following Maksim Kornienko’s refusal to stop the recording, the judge called the police, who took him to the police station where he was accused of “wilful disobedience of lawful orders or requests of policemen” under Article 185 of the Administrative Code of Ukraine. The administrative hearing took place later the same day under the presidency of the same judge who have called the police, in a clear example of conflict of interest. The human rights defender was condemned to 15 days of administrative detention, was arrested and placed in the Volchansky district temporary detention facility. On 18 November 2016, Mr. Kornienko’s lawyer lodged an appeal against his administrative conviction. 

In his appeal, Maksim Kornienko argued against his conviction by same judge that prevented him from video recording and authorised his arrest. He also identified the following violations committed by the judge: acceptance of incorrect detention protocol, refusal to allow Kornienko's lawyer to attend the trial, and refusal to provide medical assistance to Kornienko - he had elevated blood pressure. All these arguments were supported by the Kharkiv Appeals Court and provided the basis for his further acquittal on 23 November 2016.

Front Line Defenders welcomes the acquittal delivered  by the Kharkiv Appeals Court in respect of Maksim Kornienko, and urges the authorities of Ukraine to guarantee in all circumstances that all human rights defenders in Ukraine are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.