Court hearings in the case of Metropolitan Arseniy continue this week

Metropolitan Arseniy of Sviatohirsk. Photo: Sviatohirsk Lavra

On September 17, another hearing took place in the Slovyansk City District Court in the case of Metropolitan Arseniy, the abbot of the Sviatohirsk Lavra. According to the monastery’s website, despite repeated petitions for permission for the bishop to participate in the hearings via video link, the judge denied the requests of the defense lawyers.

“Transporting Metropolitan Arseniy from the city of Dnipro, where he is being held in pre-trial detention, to the Slovyansk City District Court, where his case is being heard, harms his health, and recently, due to changes in the situation on the front lines, it also poses a danger to his life. Meanwhile, the participation of defendants in hearings via video link is allowed under Ukrainian law,” the statement says.

It is noted that the presiding judge, Tetiana Khaustova, has repeatedly denied the lawyers' requests. On September 17, despite the danger to the bishop’s life and the convoy accompanying him, Metropolitan Arseniy was again transported to Slovyansk at the judge’s insistence.

The bishop was supported in the courtroom by brothers of the Lavra, nuns from the Lavra’s Sketes of the Joy of All Who Sorrow and St. John, and parishioners of the Ukrainian Orthodox Church.

The lawyers filed a motion to have Tetiana Khaustova removed from the case, so that a different judge could take over.

In his statement, Metropolitan Arseniy reminded the court that the Supreme Court of Ukraine had recommended his participation in hearings via video link during the last appeal.

“The court's stance is incomprehensible: ‘It has to be this way and no other.’ The request for my participation in hearings via video conference is justified. Especially since I am being transported in a vehicle designed for regional transport, not inter-regional. It's suitable for trips of an hour or an hour and a half, not for the 15-hour round trip we’ve been making in temperatures of 37–40 degrees Celsius in the shade. The convoy is traveling in similarly poor conditions, as it makes no difference: whether I’m sitting on this side of the bars or they’re sitting on the other, we’re all in the same vehicle. And they are also wearing their gear,” said Metropolitan Arseniy.

The following day, on September 18, the motion to have Judge Khaustova removed was reviewed by another judge. The motion was denied.

The next hearing in the case of Metropolitan Arseniy is scheduled for September 19 at 1:00 PM in the same court. These and future hearings will continue under the leadership of T. Khaustova. The Sviatohirsk Lavra has pointed out that the judge claimed she receives instructions on how to handle the case and judge recusals from the head of the court. However, her statements contradict the norms of the Criminal Procedure Code of Ukraine.

As the UOJ previously reported, the SBU has stated that Metropolitan Arseniy faces up to 8 years of imprisonment.

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