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KIEV, August 23 (Itar-Tass) —— The European Court of Human Rights will be holding on August 28, 2012 a public hearing in the case of Timoshenko v. Ukraine, concerning complaints related to the detention of the former Ukrainian prime minister.
After the hearing the Court will begin its deliberations, which will be held in private. Its ruling in the case will be made at a later stage. A limited number of seats are reserved for the press.
Her application was lodged with the Court on August 10, 2011. She alleges, in particular: that her detention was politically motivated; that there has been no judicial review of the lawfulness of her detention in Kiev pre-trial prison No. 13; that her detention conditions are inadequate, with no medical care provided for her numerous health problems; and, that she was under round-the-clock surveillance in Kharkov hospital. She relies principally on Article 3 (prohibition of degrading treatment or punishment), Article 5 (right to liberty and security), Article 8 (right to private life) and Article 18 (limitation on use of restrictions on rights) of the European Convention on Human Rights
The Court decided on December 14, 2011 to give priority to the case in view of the serious and sensitive nature of the allegations raised.
On December 30, 2011 Timoshenko was transferred to the Kachanivska Correctional Colony in Kharkov. On March 14, 2012 she applied to the Court for an interim measure, asking to be transferred to an appropriate medical institution in view of her health.
On March 15, 2012 the Court requested that the Ukrainian Government, under Rule 391 of its Rules of Court, ensure Timoshenko’s adequate medical treatment in an appropriate institutionalised setting.
On April 4, 2012 she was offered a transfer to the Central Clinical Hospital of the State Railway. From April 13 to 15, 2012 German doctors from the Charite Hospital examined her and visited the premises of this hospital.
On April 20, 2012 the Court invited the Government to inform the Court what steps had been taken to comply with the terms of the interim measure applied on March 15, 2012. On the same day Timoshenko was transferred to the Central Clinical Hospital of the State Railway. During her transfer, she allegedly received bruises on her stomach and arms. She refused medical treatment because of what she contended was the inappropriateness of that hospital for her needs. She announced a hunger strike in protest against the prison guard’s violence and her forced transfer.
On April 22, 2012, Timoshenko was returned to prison. On the next day she filed a complaint with the Kharkov Prosecutor’s Office about her forced transfer to the hospital.
On May 9, 2012 Timoshenko was again transferred to the Central Clinical Hospital of the State Railway where she started medical treatment under the supervision of a German neurologist. On the same day she ended her 20-day hunger strike.
On October 11, 2011, Kiev's Pechersky District Court sentenced Timoshenko to seven years in prison.
Timoshenko is also facing new charges as former head of the Unified Energy Systems of Ukraine.