New data on journalists arrested, detained - 9

03.08.2009 Former major of State security administration Mykola Melnychenko named persons who, according to his data, were involved in murder of Georgiy Gongadze.

Melnychenko told: "They decided destiny of Gongadze in Kuchma’s office. Those ones who were involved in were Volodymyr Lytvyn and former minister of the Interior Yuriy Kravchenko”. “As Kravchenko came out of Lytvyn’s office he said to Pukach: Lytvyn would have ordered to bump off Gongadze. What did it mean “bump off” that was up to Lytvyn to explain it. If the depositions have this and this comply with real facts, the GPO must quickly execute it, get confirmed testimonies, crossed examinations”, as Melnychenko assures.    

Melnychenko stressed “Kravchenko got some special instructions. Special means a high ranked functionary Yuriy Dagaev. Special means former chief of apparatus of the Ministry of the Interior Edward Fere, in person from Lytvyn. On September 17, 2000, next day after the event, Pukach in person reported everything to Kravchenko. This happened in residence in Zalissya where Kuchma, Lytvyn and Kravchenko went shooting. In the morning Pukach came here and reported it to Kravchenko”, told Melnychenko and added he made ready the location for visitors.

04.08.2009 Pukach named instigators of murder. Law enforcement bodies have written exhaustive testimonies of the former-head of Department of an outside surveillance in the ministry of the Interior Oleksiy Pukach regarding the Gongadze case and this is sufficiently to evidentiary basis in court.

"Pukach provided exhaustive testimonies, named all instigators of murder, all who gave orders”, a source of information reported us.

To a question whether Pukach’s live is threatened, this infomator told the depositions were recorded, several copies were made and they are found in different places.

"Thus, if something happens to him (Pukach), these records will serve evidentiary basis in a court”, told this source.

National security service of Ukraine (SBU) and the ministry of the Interior don’t compete one with other probing this criminal case against Pukach.

Instead, Valentyna Telychenko, lawyer of Myroslava Gongadze, is convinced this statement has “little in common to the real facts”. She told it in an interview. "This declaration or information is of a kind to raise tension around the case. As I know this statement has little in common with real facts and this is technologic politisation of the process”, Telychenko said.

05.08.2009 The GPO found the skull of Gongdze intact. This skull which probably is this one of the journalist Gongadze, had been discovered in Dovhalevske village of Rokytyanskiy district of Kyiv region and not in Sukholisi village, as it had been mentioned in mass media earlier. Excavations were conducted by night to avoid drawing too much of attention, or occasional eye-witnesses. Only a restricted number of investigators from the GPO was working on the spot. The skull was finally proved to be this one of Gongadze, as some reliable source confirmed it to the press. 

The soil where the skull was dug out from belonged to some company “Agro-invest-product”. And it was intact skull, not fragments, as they informed previsouly. Pukach’s semirotten mittens were found near to the skull.

«Criminals (Pukach and three others convicted police officers- IMI) proceeded like this: they murdered the journalist, then they dug him in near Sukholisi village in Kyiv region. Some days later Pukach came alone to dig out Gongadze’s corpse and to transport him to Tarashcha forest. On the road, at 136^th kilometer of Tarashcha highway, near Dovgalevske village, in a forest belt he buried the skull”, said press officer of the GPO Yuriy Boychenko. 

Earlier, it was reported the police discovered some fragments of Gongadze’s skull just where it was indicated by Oleksiy Pukach, former head of Criminal Intelligence Department of the Interior Ministry of Ukraine. Later on, the GPO stated all fragments of the skull were found.

06.08.2009 Deputy head of parliamentary group of ByUT Andriy Portnov forecasts the former Criminal Intelligence Department of the Interior Ministry of Ukraine Oleksiy Pukach suspected murderer of Gongadze would be condemned to life imprisonment.

"Pukach would be condemned to maximum sentence, which is life imprisonment”, he said interviewed by the Focus weekly magazine.    

He casts doubts the instigators of Gongadze’s murder will be brought to account. “To cite names is not sufficiently, one should prove their guilt”, Portnov said.   

The MP expressed some doubts as well, saying detention of Pukach could do much harm not only to suspect, but some other persons too.  

06.08.2009 The Gongadze’s widow Myroslava is exasperated the investigators fail informing her on development of the Gongadze’s case.  “Noone from investigators had contacted me any time”, she told.

"I am very outraged all this reports they found the skull fragments, jaw fragments were leaked to the press and noone from law enforcement bodies called me and informed me on it. Cynicism is blatant here”, she added.

Commenting on the arrest of the general Pukach was like an election campaign action, Myroslava Gongadze agreed “the arrest seemed to be odd”.

“It was like bolt in the blue for me, I expected little it would occur one day. And I believe this is a great merit of law enforcement bodies and Security Service of Ukraine (SBU) first of all”, the journalist’s widow told.

Therefore, she told being anxious “now, pursuing some political interests, the case could be sent at the court, limiting the probe to Pukach only”.
“Supplementary evidences are needed in order that he could name instigators, this means one needs time. A quick trial will only damage investigation”, Myroslava Gogadze said.   

Asked to comment on her previous remark when she contested one should make public the names of instigators of Gongadze case, Myroslava told:

"Me, I support idea they should be named. But you have seen what happened to Yuriy Kravchenko:  as soon as he was summoned to make deposition at this case, he “suicided”.  

“I don’t want such things to happen to someone among witnesses or suspects. Now, this is not only the question of political death of those who could be related to Guya’s murder, this is question of their real freedom, life and death”, she added.  

Myroslava told she was under pressure from all sides: “I cannot say they call me and tell what should I do or not, but there are some sources suggesting what to do”.  

Asked about the statement Victor Yushchenko had made as he just came to power saying the Gongadze case would be the cause of his presidency, Myroslava said:

"I guess Yushchenko should keep his promise he made to Ukrainian society and to me, but this doesn’t mean he must rapidly “knock off” an investigation and send it to the court of law. It needs to be done thoroughly, all instigators and persons who were behind the scene must be punished”. 

16.08.2009 The former head of Security Service of Ukraine (SBU) Ihor Smeshko forecasts some politicians would make use of the criminal case of Gongadze murder to the maximum aiming to charge their political rivals during presidential election campaign.
 
«They will attempt once more to use this case to the maximum in order to charge their rivals during forthcoming presidential election campaign and their willingness to see political intentions, commands and criminal intentions is going to recede into the back-background”, Smeshno said.   

As to him, it is early to speak about rapid completion of the case, its clear issue in the court regarding bringing to account of its instigators.

Smeshko does not think Pukach has been detained just for election.  

One should remind, the widow of the journalist Gongadze, Myroslava, had argued the criminal probe into the murder of her husband would affect the next presidential election results. She fears the case could be sent to the court contaning the only charges against Pukach. The    
General Prosecutor Oleksander Medvedko contested the both things being connected one to other, the forthcoming presidential election and detaintion of Pukach.

19.08.2009 Medvedko informed the president Yushchenko of the prejudicial inquiry recent progress. He reported last week all investigative actions with the accused Pukach were made.   

All Pukach’s depositions are to be verified now. He added Pukach is willing to cooperate with the investigators. «This data is absolute evidence we are on the right path. We are going to do everything to complete prejudicial inquiry of this case at the earliest possible date”, said Medvedko.

Also he informed the inquest was held to verify work of law enforcement bodies in Luhansk, Donetsk and Zaporizhzhye regions where Pukach hided during all this time. «Within the next  few days, we are going to announce why he (Pukach-IMI) was under warrant of arrest for so long time”, Medvedko told.  

The president Yushchenko suggested to the GPO to keep all its calm responding to some provocational statements and reports in mass media.

28.08.2009 The main suspect in the case of corrupted police officers who had been arrested Yuriy Nesterov sent an open letter to the head of Lukyanivske pre-trial detention center saying he went on hunger-strike. Earlier, as his barrister Maria Sambur said, Nesterov refused take prison food fearing they would poison him. Now, he refused as well eat stuff his family was transmitting him, due to the same reason. He told he was finding some strange objects in it several times, as, for instance, needles. 

Nesterov is placed together with two others persons in a cell, that is a part of a block for convicted for life imprisonment. The cell is sealed up and has videosurveillance. This the maximum the pre-trial detendtion center is able to do to ensure Nesterov’s security using its own resources. All resolutions on security measures applied earlier to protect Nesterov, have been unexpectedly withdrawn by a presiding judge in this trial Vyacheslav Dzubin.

The barrister said other convicted threaten Nesterov saying he must renounce his depositions otherwise he risks a lot. But Nesterov is not going to change his depositions.  

On August 27, Sambur applied to the judge asking to ensure security measures which were revoked in case of Nesterov.   

28.08.2009 The president Yushchenko stated the investigation of Gongadze case has entered final straight.  

«As the president of Ukraine I can say: at present, we entered a final straight. The arrest of the general Pukach contributed a lot to it. As a result, the investigation got answers to several key questions”, Yushchenko told.  

 «I have a weekly consultaion with the prosecutor general and each time I demand one thing: to achieve this case. This is a question of honour, both his personal one and this one of GPO’s in a whole”, Yushchenko said.

He added the case of such a sort, “when it is question of highest leaders of Ukraine being implicated in this crime cannot be simple”, - leaders of state said, “but since the first days of investigation the GPO fully furthers probing”, he added.   

 «I cannot say this is simple for me as the head of state to guarantee investigation of the case, taking account of political pressure. You understand those who are involved in, take high positions, and those ones who are not at power, all the same they could keep a tremendous influence on”, Yushchenko said. 

Asked how many persons were at power among those who had been implicated in the murder of Gongadze, the president Yushchenko answered: “I would say this case hooks a certain number of these persons. Thus, it becomes a very crucial moment for the investigation”.  

Also Yushchenko is cinvinced this case had got so much of response, “no country dares provide an asylum to criminals of such a level”. “Even if there is a cynicm, some states cover some Ukrainian “refegees”. To make such things equals to betray humanity”, he said.

The president told two months ago one of axes of investigation was to evaluate activity of investigators who had falsified the documents during first five years.

“According to the last account the Prosecutor General provided to me, the investigation goes on, so probably, in a month the society could get the answer to the question who and why hampered investigation. Yushchenko acknowledged the investigation results obviously would have an impact on presidential campaign.

Earlier, Ukrainian experts had concluded the carnial fragmants found at the place indicated by Oleksiy Pukach were those ones of Georgiy Gongadze.

“A part of examination has been made, they confirmed that found skull was a part of body of Georgiy Gongadze”, said barrister Valentyna Telychenko. 

“An ADN examination is to be done now by foreign expert agency with some of Ukrainian experts. The most probably this examination is to be held in United States”, she added.  

On March 15, 2008 the Appellate court of Kyiv has stated guilty three former officers of External surveillance department of the ministry of the Interior as murderers of Gongadze, Valeriy Kostenko, Mykola Protasov and Oleksander Popovych, they were deprived of freedom for the term of 12 and 13 years.  

Another suspect, former head of Central directorate of criminal investigation of the External surveillance department, the general Oleksiy Pukach, had been under arrest warrant since 2005.

On July 21, Pukach has been arrested in a village Molochky in Zhytomir region. Afterwards, SBU informed Pukach named instigators of this murder and indicated the place where the head of Gongadze had been hidden.  On July 28 in Bilotserkivsky district near village Sukholisy the police found “fragments of the skull which could be the skull of Georgiy Gongadze”. On 29 of July the examination of the cranial fragments has been started.

31.08.2009 The GPO supposed the phonoscopic examination of the Melnychenko’s records were to be completed before this October.

“Phonoscopic examination is not completed yet. They promise us to get it finished it during the whole September”, said the deputy Prosecutor General Mykola Holomsha before the press.

This examination is made by foreign experts.

Moreover, the GPO is going to contact injured party as to where and by whom the cranial fragments AND examination must be held.

“Now, we decide some isssues as to this examination together with the injured party, barrister of Myroslava Gongadze, Valentyna Telychenko and with Myroslava by herself”, Mr Holomsha told.

 Journalists arrested, detained -0

New data on journalists arrested, detained - 0

Journalists attacked, beaten, threatened - 1

03.08.2009 In city of Khmelnytskiy in broad daylight in presence of 20 police officers the journalist for an independent regional newspaper “Moya Hazeta plus” Ludmila Lunina.

While covering a protest action of depositors of UkrPromBank, Ludmila Lunina saw a someone in civilian clothes approaching her, that person snatched out her Dictaphone, broke it. He was shouting out “he didn’t like” the journalists’ being present there.    

Lunina told the police failed to react anyhow, and did nothing, only observing the incident. The incident took place on July 28. Following days, the journalists filed a complaint to the police.

New data on journalists attacked, beaten, threatened -0
 
Impediment to practice journalistic profession, censorship -0

New data on impediment to practice journalistic profession, censorship - 0

Economic, political, indirect pressure - 1

13.08.2009 Cherkassy functionary tries to fire editor in chief of a municipal newspaper “Misto”.

The director of municipal company “Park direction” of Cherkasy Oleksander Radutskiy said he would do everything to dismiss the ediror in chief of municipal newspaper “Misto” (City) Ihor Chekalenko. Radutskiy said it on his blog on August 13.

He explained the editor was politically enganed person, as in his newspaper the stories fail to present the opposite points of view. Ihor Chekalenko does not find this was a pressure onto the newspaper. “Radutskiy makes such statement not for the first time. He is offened with us, because we published the letter from our local deputies criticizing him. I proposed him to express his standpoint too, but a month and a half passed after and he did write nothing for us. So, such statements are nothing, but idle talks, as for me”. The editor akcnowledged they made an error not indicating in that report with the letter from deputies what was reaction of Radutskiy.

The editor told the question of his dismissal was debated at the session of Cherkassy municipal council, but failed to get necessarily number of votes to pass. But several claims were laid to Chekalenko, namely he was blamed for having issued publications without agreement of the editorial board.  “I consider this claim as a censorship, that I told to all members of the editorial board”, Chekalenko said. Some informal sources reported Radutskiy was a bitter friend of the Cherkassy mayor Serhiy Odarych.     

New data on economic, political and indirect pressure -3

03.08.2009 The former Director General of Dnipropetrovsk regional state TV and radio company Victoria Shylova filed a claim contesting the resolution by which they dismissed her out from office.

To remind, on July 24, the State committee on television and radio broadcasting sent into resignation Ms Shilova of the office of director of the Dnipropetrovska regional state television and radio company (DRSTVRC). On July 21, the journalists started indefinite hunger strike protesting against the pressure the governor Victor Bondar was exerting on the TV channel.  The protesters were demanding to meet the president Victor Yushchenko who was to guarantee the Constitution and thus, was to protect the freedom of the speech. But Yushchenko suggested them  to meet his plenipotentiary person and appealed them to cease hunger strike and addressing to the TV company director demanded not to get involved the subordinates into the adminidtrative issues.   

Ms Shylova claimed her resignation was due to the pressure onto State committee of television and radio broadcasting. «Moreover, I was sent into resignation when I was on leave, what was to  break Law in force», she added. As to her, an ad hoc commission of the Secretariat of the President of Ukraine was supposed to start probing the issue, to find out what were the reasons of hunger strike of the journalists and reasons to institute criminal proceedings for TV company property embezzelment. Actually, Shylova’s deputy Victor Ahapov was placed in detention cell as the investigation was on as to his part in embezzlement of budget funds.
Editor of newsroom Lessya Varlamova the names of the persons who would enter this ad hoc commission were unknown. The company went on working as usually, but its bank accounts remained seized.
Volodymyr Horobstiv, acting as the head of the State committee on TV and Radio broadcasting, said to the Telekrytyka online edition, he has not got statement of claim.

19.08.2009 The Zakarpatye regional office of public prosecutor probes into dismissal of Vitaliy Glagol, the journalist for Zakarpatye regional television and radio company, as to the communiqué signed by the State committee on television and radio broadcasting of Ukraine.

As to the document, the Zakarpatye TV company does not connect this dismissal and the brodcasting of the interview of the Uzhgorod mayor Serhiy Ratushnak.

«V. Glagol was employed on March 17, 2009 (decree of Zakarpatye regional TV and radio company dated of 17.03.2009,  №19-k) as editor of news magazines, based on short-term labour contract  for the period of 3-years maternity leave of Ivanova E.», as to the document.

The director general of zakarpatye TV Evhen Shyshkov stated there was no any political or other reason to exert this staff replacements. “This was a simple coincidence”, as Mr Shyshkov told.

As to the Zakarpatye TV, Glagol was proposed to take another vacancy of the TV director of 2^nd cathegory that he could take since August 25.

The journalist by himslef called this proposition as “a populist decision”.  

Glagola said he had no intention to continue working with the Zakarpatie TV company. «As instead of leave I’ve got my dismissal, so I will arrange myself a leave at my own expense. And since September, I will reckon on other work to get», he said.

18.08.2009 Ex-director general of Dnipropetrovska regional television and radio company Victoria Shylova appelad to the International Federation of Journalists, the Union of journalists of Russia, asking to cover this row. On August 18, Shylova set a press conference “Issue of freedom of speech in Ukraine:  Hunger strike of 18 journalists working for Dnipopetrovska television and radio company” in head quarter of Russian Journalists’ House, as to the Telekrytyka.

Shylova appealed to Russian journalistic organizations because of silence in mass media in Ukraine regarding this conflict. Her goal was “to break the media blockade set by local authorities at national level.  

Legal actions against mass media and journalists - 4

07.08.2009 ATV channel in Odessa was threatened to be shut down, as to editor in chief of ATV Natalia Perevalova. «More than a year ago the National council on television and radio broadcasting filed an legal action against our channel asking to withdraw our authorization to broadcast, chicaning against our program “Truth by Hryhoriy Kvasnuk”. The case is considered by Odessa administrative court. The day before yesterday, the judges denied to consider the case on the merits, thus the functionaries try bring the whole thing to the stage they could shut down the channel. Our lawyer try defend the rightful position of ATV company, but the court is obviously ready to uphold the claim by National council. If they close us, we will set a real people rebellion».

As to Odessa lawyer Ihor Zlotnikov, the functionaries were angry with the ATV contraventions to the volume of broadcsating in Russian and in Ukrainian languages. «Then they found out the anchormen appealed to public disturbances. But the judges need a philological and contect examination, and there was no such examination being ordered. This is possible to win this case, the only thing is, one should to recall Ukraine Constitution guaranteed the freedom of speech».

As IMI had informed, in 2006 – 2008, the National council had ordered four inspections at ATV channel, based on letters sent by Odessa citizens and some NGOs asking to establish facts of violation of the law of Ukarine in activity of the ATV channel. 

In December 2007, the National council passed a decision to appeal to the court, asking to withdraw the authorization to broadcast. But the case considered by Odessa district administrative court was suspended until the judicial decision within another trial involving ATV channel (where the channel appealed against decision of the National council to withdraw the authorization to broadcast) comes into force. Today, the trial on authorization withdrawal goes on.      

17.08.2009 The ex-president of Lviv appellate administrative court Ihor Zvarych sued the Vysokiy Zamok daily. Mr Zvarych accused the journalists of disrecpect and diffamation and demanded 100 thousand of hryvnias ($ 14 thousand), the half of this sum is to be paid by the newspaper itself, and another half to be done by the journalist, who signed the article.

On 19 of August a hearing into the case of Vysokyy Zamok was supposed to be held, but it was postponed to August 27^th. The ex-judge sues the press for allegations of corruption and briberies imputed to him in an article published at first in Vysokyy Zamok on April 24,  “They have been rendering justice according to Mr Zvarych’s price list” and then reprinted and developed in other above-mentioned media.

«What is exclusively offensive in this article to me, the phrase “sower Zvarych”, said in his claim statement the plaintiff. To remind, they called Zvarych “sower” after the police had revealed millions in his apartment, and he explained it saying at the press conference this sum was gathered thanks to the old tradition to “sow new dwelling while house-warming festivities.

20.08.2009 Except the Vyskokyy Zamok daily the former judge sued another newspapers, Lviv daily Express and national ones, Fakty i kommentarii, Sehodnya dailies filing libel claims to the  Lviv Appellate court , as to the barrister Ruslana Yukhymenko, defending Zvarych before the judges. 
The editor in chief of Fakty I kommentarii daily Oleksander Shvets said he did not see the claim statement  yet.   

21.08.200 Vasyl Kostytskiy, president of National expert commission on public morality protection brought a libel suit against the Correspondent weekly, as Kostytskiy confirmed it. .
He told the claim was caused by photocollage published in Korrespondent weekly and in some other editions on March 27, 2009, where he was depicted clothed in the fascist uniform. 

«My father was at war with fascists», explained Vasyl Kostytskiy. 

«My opinion is Mr Kostytskiy is taking apart his photo and does not  read the text under this photo, nor he takes into account the day of appearance, 1^st of April. In this precise case, one should take ito account the whole contect», as Maksim Lyashko, head of law department of KP Media (which includes Korrespondent weekly), told to the Telekrytyka onlie edition.  

The trial was supposed to take place on October 5, in Darnytsya district court in Kyiv.

New data on legal actions against mass media and journalists - 2

18.08.2009 The company “Chernigiv-gas” withdrew its libel claim against the newspaper Vyskoiy Val as well as demand to recoup moral damage in sum of 50 thousand of hryvnias ($ 6 thousand). The journalists of Vysokiy Val were informed of it at the sitting of the court.

On August 18, a hearing took place at the Economic court of Chernigiv region, where the company Chernigiv-gas demanded the newspaper Vysokiy Val to response for calomnious information published in the article of July 21 “Will they pay off wages? Chernigiv-gas company installed windows for the third time in its secretariat of the head of the company”.
 
19.08.2009 In Lviv the court consides the case instituted based on two claims filed by the forer judge Zvarych against the newspaper “Vysokiy Zamok”, as to Zvarych lawyer, Tetyana Turchyna.

The first claim concerned the article “Zvarych ran the whole gang” dated of June 30, 2009. And another claim was to contest the article “They have been rendering justice according to Mr Zvarych’s price list” of 23-29 April, 2009.

The both claims were about libel and in the both the plaintiff demanded to come out with a refutation.  As well, in the first one, Zvarych demanded 50 thousand of hryvnias ($6 thousand) and in other he did 100 thousand of hryvnias ($14 thousand) of moral damage.

Legal actions filed by mass media and journalists -1

05.08.2009 On August 5 the court concluded within the trial instituted by the Odessa TV ATV  against national council on television and radio broadcasting, contesting the decision of National council to withdraw the ATV authorization to broadcast.   The council claimed the ATV channel had neglected the principles of work, namely the journalists abused the freedom of speech.

In 2006 – 2008 National council conducted four inspections and revealed facts of appeals to use force and to change political regime in Ukraine, appeals to unleash war, appeals to aggressive actions, spread of information which violated lawful rights of citizens, physical and moral entities.

Odessa appellated administrative court delivered decision which allowed the National council to resume legal proceedings against ATV.

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