The court rejected AntAC’s appeal regarding the case of “Avakov’s backpacks”, the decision is not published
Vadym Senin, judge of Solomyansky District Court of Kyiv, returned AntAC’s appeal regarding the closure of so-called case of “Avakov’s backpacks”. This became known from Judiciary Web portal. Activists have not yet received the text of court decision issued on August 22. Neither it has been made public in the Register of Court Decisions for unknown reasons.
According to Vitaliy Tsokur, AntAC’s lawyer, the court did not have legal grounds for returning the appeal. Non-governmental organization is the applicant in case, therefore it has the right to appeal its closure.
“We are convinced that decision of Solomyansky Court is exclusively the political act of mutual covering up, which threatens the possibility to reanimate this proceeding,” says Vitaliy Shabunin, Head of the Board at AntAC. “This is third unsuccessful attempt to reopen investigation in legal way regarding the case where the son of Minister of Internal Affairs Arsen Avakov is the subject,” adds activist.
It should be noted that non-governmental organization found out about following decision by accident.
“AntAC will necessarily appeal court decision. But it’s not possible without full text of decision, – says Vitaliy Tsokur, AntAC’s lawyer. “Delaying the publication of full text of decision and its receipt by us will postpone our appeal for indefinite period of time. Why is this done? In our opinion, it is done in order to give the SAPO time to forward the “case of backpacks” to court without main suspect – the son of Minister Oleksandr Avakov. If this happens, evidence of his guilt, which was gathered by NABU detectives, will be destroyed, because they will be beyond the case.”
We should recall that in July 2018, SAPO prosecutor Krychun closed the proceeding in the “case of backpacks” regarding two subjects, the son of Minister of Internal Affairs Oleksandr Avakov and former Deputy Minister Serhii Chebotar due to the absence of “direct sufficient evidence”.
Both are involved in embezzlement of 14.5 million UAH for procurement of backpacks for the needs of the National Guard.
Meanwhile, the third subject was left as the suspect, Volodymyr Lytvyn, who claimed himself responsible for the crime.
On July 13, NABU filed the complaint to SAPO head Nazar Kholodnytskyi and Prosecutor General Yuriy Lutsenko regarding the closure of criminal proceeding. Kholodnytskyi has not responded yet, although he had to do it within three days. Lutsenko, in fact, refused to consider the complaint.
On August 17, Anti-Corruption Action Center filed the complaint to Solomyansky Court against the decision of SAPO prosecutor Vasyl Krychun to close the criminal proceeding regarding Oleksandr Avakov and Serhii Chebotar.