Legal Department of UOC: The verdict to Metropolitan Jonathan is unlawful

Metropolitan Jonathan (Eletskikh). Photo: the press service of the Tulchin Eparchy

The Legal Department of the Ukrainian Orthodox Church commented on the verdict imposed on Metropolitan Jonathan of Tulchin, who was sentenced to five years in prison with property confiscation, reports the UOC Information and Enlightenment Department.

Lawyers insist that the verdict against the bishop should be reviewed and annulled by the appellate court, as it is unlawful and illegal.

"According to Article 62 of the Constitution of Ukraine, a person is considered not guilty of committing a crime and cannot be subjected to criminal punishment until their guilt is proven in a lawful manner and established by a court verdict.

As of August 7, 2023, there is no court decision that has entered into legal force, which would be the basis for claiming that Metropolitan Jonathan of Tulchin and Bratslav committed any crimes," noted the Legal Department.

The defence of Metropolitan Jonathan believes that a court decision made with significant violations of substantive and procedural law is grounds for appeal and appeal of the verdict.

The bishop's lawyers pointed out flagrant violations of the law during the consideration of the criminal case. In particular, the indictment and suspicion of Metropolitan Jonathan were signed by a prosecutor without the authority to do so. Leaflets that, according to the investigation, were made by the accused, were found on him during a search. The video recording, which took place during this investigative action, confirmed the fact that these main pieces of evidence were planted during the search, and accordingly, the witnesses present at the search did not see the place with these pieces of evidence. The accusation is based on assumptions that Metropolitan Jonathan allegedly personally made these leaflets, although, according to the investigation's position, they were produced by a printing method, and the investigation cannot establish when and by whom they were made, and how they ended up with Metropolitan Jonathan. However, the investigation asserts the guilt of the bishop.

"In the accusation under Articles 109-110 of the Criminal Code of Ukraine, the prosecutor and the court applied the concept of 'unfinished attempt of a criminal offence.' That is, actions aimed at forcibly changing or overthrowing the constitutional order or seizing state power, encroachment on the territorial integrity and inviolability of Ukraine were not committed by Metropolitan Jonathan of Tulchin and Bratslav, but he was convicted for these actions, which is completely contrary to Article 13 of the Criminal Code," the Legal Department points out.

Metropolitan Jonathan has repeatedly stated that he does not admit guilt under any of the charges, the UOC noted.

As reported, on August 7, 2023, the final session of the Vinnytsia City Court took place regarding the case of Metropolitan Jonathan of Tulchin; the bishop was sentenced to five years of imprisonment with property confiscation.

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