Kostyantyn Zhevago's lawyers report another violation of the right to a defense. The High Anti-Corruption Court has allowed the National Anti-Corruption Bureau of Ukraine (NABU) to conduct an investigation into the case without Kostyantyn Zhevago's participation, under a special pre-trial investigation procedure (in absentia). The case concerns the possible provision of an improper advantage to the Head of the Supreme Court. The lawyers consider this decision illegal, baseless, and one that negates the right to a defense against accusations and a fair trial.Investigating cases without the person's participation is an extraordinary procedure, recognized by the Criminal Procedure Code and by Resolution No. (75)11 of the Committee of Ministers of the Council of Europe. This procedure is only permitted in cases where it is impossible to conduct an investigation because the person is hiding from the authorities. Kostyantyn Zhevago has never hidden and is not hiding from the investigation or the court."Specifically, the investigating judge of the HACC, when considering the motion in the court of first instance, established that Kostyantyn Zhevago is not, in fact and from a common-sense perspective, on the international wanted list," stated Natalia Pushyna, Kostyantyn Zhevago's lawyer.From the beginning of the investigation, Kostyantyn Zhevago informed NABU and the Specialized Anti-Corruption Prosecutor's Office (SAPO) of his non-involvement in the alleged offense and his readiness to cooperate. Investigative actions were conducted for a long time within the framework of international legal assistance. A NABU detective and a SAPO prosecutor personally traveled to France for an interrogation.This means that an investigation with his participation is possible.Currently, a French court is considering the issue of extradition at the request of NABU. The court has requested documents from the Ukrainian side, and the review is ongoing. This is the second extradition hearing after the Supreme Court of France denied a previous request from Ukrainian law enforcement agencies."Initiating a special investigation directly points to the inconsistency of NABU detectives and SAPO prosecutors. The procedures for extradition and a special investigation are mutually exclusive. On the one hand, they initiate extradition, stating in court that it is to ensure personal participation in the proceedings. On the other hand, they do not wait for the review to be completed and launch a special investigation to exclude Kostyantyn Zhevago's participation in the case," added lawyer Pushyna.With this decision, the court has effectively deprived Kostyantyn Zhevago of his right to a defense and a fair trial. Furthermore, the Appellate Chamber of the HACC has violated the requirements of the Resolution of the Committee of Ministers of the Council of Europe, which prohibits conducting special pre-trial investigations when extradition has been initiated.The defense has repeatedly recorded rights violations in this case – being denied access to hearings, violations of the presumption of innocence, and the failure to provide materials to prepare a position. This is one of a series of cases against the investor, entrepreneur, and philanthropist Kostyantyn Zhevago, which are being used as a tool of pressure on him and his business.The lawyers plan to appeal to the European Court of Human Rights and the Council of Europe to officially inform them of Ukraine's deviation from its own international obligations.