Dear human rights activists,

Dear human rights activists,

We are writing you with a request to help restore justice in the judicial precinct of Vinnytsia. On the 23 of September the judge of the court of Vinnytsia Iryna Kurbatova despite the obvious evidence of innocence announced a guilty sentence in the case of a volunteer soldier in the 81st separate brigade of Armed Forces of Ukraine, who was serving in the ATO zone, Andriy Sarvira and sentenced him to 5 years imprisonment.
This case has lasted for 7 years already. On the 8th of November 2008 in the center of Vinnytsia on Soborna street at about 9 p.m. Andriy became the victim of a group of drunken young men who attacked, among this group was the son of a local rich family, the head of meat-processing and packing factory – Sergiy Semenchuk. As a result of this wonton aggression Andriy sustained a concussion of the brain, an internal nose fracture and other injures, yet he was blamed for attacking these 3 men and injuring them.
At that time, in 2008 Andriy`s parents submitted an appeal and a countersuit against the offenders, but it was closed “due to the absence of a body of crime”. Instead of overturning the ruling, another criminal case was opened, where the the three men were listed as the offenders, including the main perpetrator - Sergiy Semenchuk, who received face wounds by a broken glass bottle. This bottle was the main argument of the defense which was brought against Andriy. Despite the fact that there were no fingerprints found on it and all eyewitness testify that the other man was holding the bottle. Neither the police investigation or the court took into consideration that Andriy was the one who reported the emergency and asked the security guards of the nearest building to call the militia to the scene of the incident.
In 2012 the city court of Vinnytsia under the pressure of the community, which started protecting Andryi, made a decision to reopen the case. In the court injunction it is written that with the case evidence Semenchuk was admittedly a victim of an attack by another person. During the additional hearings Semenchuk was declared to be a victim of the actions of Sarvira despite the fact that the case content shows the contrary.
After 3 years of recurring trial, finally on September 23 the judge of the city court of Vinnytsia, Irina Kurbatova, despite all the evidence, testimony and life circumstance of Andriy announced the sentence and condemned Andriy to 5 years imprisonment (? is that right, deprivation means they are taking something from him, such as depriving him of cereal, he cant have any more cereal) for the crime, which he had not done. That same day Andriy was arrested at the courthouse. In explanation of the arrest at the courthouse the judge indicated cynically that Andriy has broken the court order to remain in the district by “being in the ATO zone and serving in the Armed Forces of Ukraine”, though this is true Andriy has been regularly returning to court and appearing at all sessions of court without fail. Unfortunately, on the 29^th of September the court of Vinnytsia upheld this sentence.
We consider this sentence to be biased and hold the trial to be tendentious and unfair. Especially, due to the contradictions and disadvantages which led the fault being placed on andryi not being removed, namely;
- the bodies of the investigation before the court of justice did not ascertain who the initiator of the conflict was, or under what circumstances Sarvira A.I and Shevchuk M.A. got corporal lesions;
- none of the individuals who arrived or were at the scene of the accident were interrogated, including members of the police and medical personnel;
- it was not ascertained why Semenchuk S.P., Dzuba O.I and Aheev M.S. changed their testimony during the trial (their evidence was refuted completely by the impartial declarations, in particular by inspection of the scene, depositions of the witnesses Horovenko and Romanuk, and also by reproduction of the situation and circumstance);
- Sarvira A.I. is accused under p.1 of clause 121 Criminal Code of Ukraine, that envisages the testing of evidence like an irreclaimable face mutilation, however there is only a little scar on the face of Semenchuk, which does not hinder him from downloading his photographs on social sites. (this is a terrible argument by the way, I don’t think it should be included, but is your letter)
There are a lot of such examples. All of this affirms the unwillingness of the representatives of the law-enforcement bodies and the justice department to hurt their relationship with the manager of the “Ivanivski kolbasy” And displays their utter lack of material or moral interest in effecting true justice and upholding the true principles in law. Moreover, Semenchuk has been threatened Sarvira of putting him into prison.
Andiy is currently in pretrial detention in Vinnytsia. He caught bronchitis because it is very cold and damp in the cell. But the main thing is that has lost faith in justice.
So, we are asking You to assist in the unbiased and impartial inquisition holding to the penalty of the perpetrators (including the judges, who adopt illegal decisions).
We believe that truth will win and Andriy will get the possibility to defend Ukraine from its enemies – external and internal.

With respect,
Relatives and friends of the illegally accused Andriy Sarvira

Social groups:
https://vk.com/freesanchez
https://www.facebook.com/groups/freesanchez/

Lawyer contacts:
[phone]
Valeriy Hennadiyovich, Andriy’s lawyer

SOME BIOGRAPHIC INFORMATION ABOUT ANDRIY SARVIRA (ALSO KNOWN AS “SANCHES”)

He was born in Vynnytsia on the 18 of July 1988. After graduating from the local school, he used to work as a street advertising decorator. In 2010 he moved to study to Kyiv. Then he entered the faculty of philology of National Pedagogical University of Gragomanov. At that time he was working in hotel services as a headwaiter.

From the beginning of Maidan revolution, Andriy was actively taking part in it. When the war started, he entered training courses. Because of the criminal case he could not manage to enter the Armed Forces of Ukraine. He was 7^th company volunteer in 93 brigade of Armed Forces of Ukraine. He remained in Pisky in Donetsk Oblast as a member of the brigade. Now waiting for the appeal he stays in detention as a suspect in Vinnytsia.

Дата добавления: 2015-11-04