The ECtHR decided that Ukraine should pay compensation to Judge Tandyr, who beat a national guard to death

The European Court of Human Rights (ECtHR) has decided that Ukraine should pay EUR 2,100 in compensation for moral damages and EUR 250 in compensation for court costs for detention without bail to Oleksiy Tandyr, a former judge of the Makarivskyi District Court of Kyiv Region, who, while intoxicated, ran over a National Guard soldier at a checkpoint.

Source: Public with reference to the ECtHR decision of January 22

Details: The court concluded that Tandir’s detention in a pre-trial detention center for more than two and a half years without consideration of alternative preventive measures contravenes Article 5 of the European Convention on Human Rights.

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The decision states that the Ukrainian courts, while continuing the arrest, repeatedly repeated the same arguments – the risk of flight, pressure on witnesses or obstruction of justice – without providing concrete and convincing evidence.

The ECtHR also indicated that domestic courts did not actually consider the possibility of applying alternative preventive measures, including bail, house arrest or other forms of restriction of liberty.

The court awarded Tandyr 2,100 euros in compensation for moral damage and 250 euros in compensation for court costs, which must be paid by the state of Ukraine.

Prehistory:

• On the night of May 26, 2023, Oleksiy Tandyr, head of the Makariv district court of the Kyiv region, beat to death a National Guardsman at a checkpoint in the capital.
• As a source in the National Guard told Suspilno, a judge in a Lexus crashed into a military man when he went out on the road to install engineering barriers. The judge was drunk, and empty alcohol bottles were lying in his car.
• The SBI reported that the judge refused to undergo an on-site examination. He was taken to the hospital in order to detect the state of intoxication. The court granted the request of the prosecutor’s office to compel the collection of biological samples from the judge, and later the samples were collected.
• Tandyr was charged with committing a fatal road accident while intoxicated under Part 3 of Art. 286-1 of the Civil Code. He faces imprisonment for a period of 5 to 10 years with deprivation of the right to drive vehicles for a period of 5 to 10 years.
• On April 11, 2024, at a meeting of the High Council of Justice, a video from the scene of a fatal road accident was shown with the participation of judge Oleksiy Tandyr.
• In August 2024, the Supreme Council of Justice decided to dismiss the accused from the post of judge.

Know more: Father of three children. What is known about the 23-year-old national guard who was beaten to death by a judge in Kyiv

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