+8 Kyiv
"The integration of the High Anti-Corruption Court into the unified "anti-corruption bloc" directly impacts its decisions, as it has a vested interest in supporting the work of other elements within the system to achieve a common goal. This results in a favorable stance toward motions, petitions, and indictments submitted by NABU detectives and SAPO prosecutors, as well as a lenient approach to evaluating the evidence they present in court. In some cases, the commission even appears to "turn a blind eye" to clear legal violations. In many instances, the commission’s role seems to be reduced to compensating for the procedural mistakes made by detectives and prosecutors in their work", – stated Professor Melnyk.
Professor Melnyk highlighted that even leading domestic analysts who actively support the work of HACC, NABU, and SAPO recognize the existence of a single "anti-corruption bloc." At the same time, well-known human rights defenders and public figures have expressed strong criticism of such "systemic unity."
"They point out that HACC, being under constant pressure from NABU, SAPO, and certain specialized public organizations, instead of legally addressing such violations, effectively 'legitimizes' them. This results in the pre-trial investigation bodies and the court working together to ensure predetermined repressive decisions, where the court aligns with the investigation and prosecution, treating suspects as criminals despite the lack of proven guilt", – stated the lawyer.
NABU and SAPO are putting pressure on the HACC, he said. This is done either by initiating disciplinary action against judges who do not satisfy their requests, or by means of large-scale information campaigns covering the events from the appropriate perspective – on the day the person is notified of the suspicion.
"The public appeal of human rights defenders and public figures emphasizes that one of the systemic problems in the activities of anti-corruption bodies "is the appointment of the guilty at the stage of pre-trial investigation, even before the presentation of the suspicion. This is accompanied by illegal and often manipulative disclosure of secret investigative search data, as well as information campaigns aimed at discrediting the persons involved in the criminal proceedings," Melnyk concluded.
