Dispersing Maidan protesters: court closes case of two former security forces members due to expiration of statute of limitations

The Dniprovskyi Kyiv City Court has closed the case of Vadym Betlii and Oleh Kozachyshyn, former members of the notorious Berkut riot police unit, regarding dispersing the Maidan protesters in the city of Kyiv on 30 November 2013, due to the expiration of the statute of limitations for holding the suspects responsible.

Source: Advocacy Advisory Panel on Facebook

Quote: "On 13 December 2023, the Dniprovskyi Court closed the case of former officers of the Berkut riot police Vadym Betlii and Oleh Kozachyshyn over the dispersion of the Maidan protesters on 30 November 2013. The statute of limitations for prosecuting them has expired.

In its decision, the court has not assessed the proof and has not found the suspects guilty. Oksana Mykhalevych, the lawyer of one of the victims, has appealed this decision."

Details: Advocacy Advisory Panel recalled that the case was handed over to the Pechersk Court in Kyiv in 2020. After being dismissed several times, it was transferred to another court. Since March 2021, the case has been heard by Iryna Halyha, judge of the Dniprovskyi Court. There is one complainant in the case.

On 4 December 2023, the interrogation of the accused was supposed to be carried out in the Dniprovskyi Court. This was the final stage preceding the debate in the case. But the defendants filed a petition about the expiration of the statute of limitations – 10 years since the dispersion of protesters during the Maidan.

On 13 December 2023, judge Iryna Halyha approved the decision about the closure of the case.

According to the investigation, in 2013, Vadym Betlii and Oleh Kozachyshyn were policemen in the 1st unit of the 2nd platoon of the 4th operation company of the Kyiv City Berkut riot police unit. They were accused of execution of a clearly criminal order by prior agreement of the group of persons

• exceeded official authority by using physical force and special means against the citizens, which caused severe consequences
• carried out official forgery, i.e falsified a report
• illegally obstructed a peaceful assembly.

According to the Criminal Code, the statute of limitations that allows bringing the defendants to criminal liability for committing severe crimes is 10 years.

Betlii and Kozachyshyn were accused of a crime of moderate severity – obstructing a peaceful action, and falsifying a report; the statute of limitations for these cases expired back in 2018. The statute of limitations for a severe crime, exceeding official authority by a law enforcement member, expired on 30 November 2013.

After this period, the defendants filed a corresponding motion. The court closed the consideration of the case under non-exculpatory circumstances. So the defendants were not acquitted, but their fault was not proven either.

Why it is important: In February 2023, Oleksii Donskyi, Head of the Maidan Cases Department of the Prosecutor General's Office of Ukraine, stressed that the statute of limitations in 60 cases about severe crimes committed against the participants of the protests in 2013-14 that  were being considered in courts would expire in a year. The Prosecutor's Office insisted on legal changes that would prevent the closure of these cases.

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