The European Court of Human Rights has not yet begun considering the merits of the case of Judge Oleksiy Tandyr, who complained about his allegedly groundless detention in a pre-trial detention center.
This is stated in the Ministry of Justiceʼs response to Babelʼs request.
The ministry recalled that Tandir complained of a violation of paragraphs 3, 4 and 5 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
These articles concern the right to “trial by a court within a reasonable time or to release pending trial” and to compensation if the detention or arrest was unlawful.
On July 24 of this year, the Ukrainian government sent its observations in the case to the European Court. The court confirmed that it had received these observations and sent them to Tandyr — he was to provide his comments by September 22 for the court to begin considering the case.
However, as of September 30, the Ukrainian Ministry of Justice had not received information from the European Court about Tandyrʼs submission of his comments.
Tandyrʼs Case
On May 26, 2023, the former head of the Makariv District Court of the Kyiv region Oleksiy Tandyr drove a Lexus ES350 three minutes before the curfew, hitting 22-year-old National Guardsman Vadym Bondarenko, who was on duty at a checkpoint (Beresteyskyi Avenue — the entrance to Kyiv from the Zhytomyr highway). Vadym was thrown 30 meters from the impact. He hit the windshield with his head and died instantly.
After the accident, Tandyr was detained and sent to a pre-trial detention center. He faces up to 10 years in prison.
The examination established that Oleksiy Tandyr submitted water and saliva for analysis instead of urine — in this way he tried to falsify the examination so that it would not prove that he was intoxicated at the time of the accident.
Babel learned that in December 2023, Oleksiy Tandyr transferred his property to his wife and divorced her. In fact, he lost the property that the family of the deceased National Guardsman had requested to be seized.
On December 20, the court seized Tandyrʼs land plot and money that were in his bank account. The court refused to seize the apartment and parking space that Tandyr transferred to his wife.
In August 2024, Tandyr was dismissed from his position as a judge.
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