Ukrainian justice gives rise to one sensation after another. After the city court of Chernomorsk (former Ilyichevsk) in Odessa region were acquitted of all 19 activists of Kulikovo Field, which was accused of participation in mass riots on may 2, 2014 in Odessa, September 20 from jail under house arrest reached the former mayor of Slavyansk of nel shtep. In turn two of the nineteen — Russian Evgeny Nefedov and Alexander Dolzhenkov was again arrested in Odessa for new business. “MK” talked with Yevhen Nefedova, lawyer Valentin Rybin.
Lawyer fish are now in jail, Ukraine 18 the advocate — generals of the SBU and former soldiers of “Berkut” to the Russians and Brazilian Rafael Losange who fought on the side of the breakaway republics. He is the founder of the charity Fund of legal aid to aliens “Odyssey” and one of the few experts who understand what is happening in justice of Ukraine now.
— What happened in the court of the city of Chernomorsk?
— September 18, the court announced absolutely sensational verdict acquitting all defendants 19. Including five that are almost 3.5 years spent in jail. Among them, the defendant Eugene Meadow.
— Meadow there is not a single Russian?
Yes. There is more of this Maxim Sokolov. But somehow only Nefedovo applied such methods hold in Ukraine, he in the courtroom faced a new charge, not making up the Protocol of detention, effectively forcibly taken to the Kyiv district court of Odessa, and there he chose a measure of restraint. Now he is in prison in Odessa. He is accused of encroachment on Ukraine’s territorial integrity.
— From what I hear, Nefedova and Dolzhenkova “closed” SBU on the basis of the film “Odessa squad” on his rally under Russian flags in Nikolaev on March 28, 2014. Is this true?
— Yes! 15 people went on a rally to the day of liberation of Nikolaev from German-fascist invaders, laid flowers to the monument to heroes-to olshanets. Yes, to shout, but calls for separation or excitation of national hatred was not there.
In Odessa, everything is expected to be acquittals, but did not expect that I will meet all. Sensation this was for the whole Ukraine. Why?
— Listen, here is the whole problem of Ukraine. I recently had a court of appeal decision in the Raphael Losange. This Brazilian, which was in DND, then came on her way to Kiev, was arrested and sentenced to 13 years. I appeal has made the abolition of this sentence. And I made it because the sentence was passed with gross violations of the procedure of the case and of his rights as a human being. Ukraine declares itself as a European state, which has a Constitution and respect for human rights, Yes? So please follow! If you put a man on trial, let the Prosecutor to support the prosecution and defence counsel to defend. And if the defender won and got an acquittal, you need to take such sentences. This testifies to the democratization of society.
But there is a video in which Rafael Losange fires his mortar, he obviously fought…
— He shot from a mortar, it’s understandable. Representatives of radical organizations in court, too, told me that he was killed, destroyed… the Judge just came to the jury room, and I tell them: “Here sits the Prosecutor, that the indictment, which the Prosecutor submitted to the court. It says: “victims no material harm is caused to anyone”. What are the issues? It’s not I wrote!”. They said, “We realized we will collect the evidence!”. Great, want to plant — collect the evidence. The lawyer in the last debate could only ask for mercy from the court! As well as now — to put pressure on lawyers and the court and shout “terrorist, separatist, plant” — is meaningless.
— What do you think, the Ukrainian Prosecutor’s office such unprofessional or deliberately sabotaging the political process?
I have a client — the General security service Shchegolev, the head of Department SBU in Kiev and Kiev region during the events on Maidan. He is charged with, allegedly, on 18 February, he led anti-terrorist operation in the center of Kiev and led the capture of the House of trade unions. I investigator said that General need a good lawyer. At first I took this as a compliment, and then started to investigate and found that the prosecution tampered with corny! Wrote in the indictment that General exceeded their authority and, accordingly, charged under part 3 of article 365 of the criminal code in the wording which was in force prior to the amendments to the code. And the changes to this article made just 21 of February 2014, to release from prison Yulia Tymoshenko. And my General — soldier, who cannot be charged under article 365 in the old version. And so they leave the name of the article in the old edition, and the article is used in the new, which became effective on February 21! And this language they “vtyuhali” in the indictment. When I stated in court, the judges just looked at each other. They are here in Kiev are in a particular relationship, and all my attempts to deploy the indictment and pursue a criminal case against the Prosecutor have not yet come to fruition. But in this case I see a certain amount of sabotage on the part of the investigators.
But the charges against Lusanga is just “Threeness” in the Prosecutor’s office. Against the charged 19 people in the court of the Black sea — too “Threeness”! It’s the people who not that do not know how, they don’t want to learn, listen to the team and just perform them.
The Prosecutor’s office twice just tore judicial debate in court. The first time the Prosecutor before the meeting, wrote a piece of paper that she had a headache, and left. Second time at the meeting just did not come no Prosecutor, sent a paper that they have no one to represent the prosecution, everything started to ache. I’ll tell you more, we worked very seriously to break up this accusation, and I watched a lot of videos, gave the court clear evidence that four of the six who was fatally injured is not at the Cathedral square and to the Greek, was from the protesters “antimaydanovtsev” and was with St. George ribbons. According to prosecutors, it was six passers-by, who were injured near the Cathedral square, where the assembled March of supporters of a unified Ukraine.
But there is a comprehensive public inquiry into the “Group 2 may”, which clearly studied the circumstances of the death of all six: two from among the supporters of a unified Ukraine, four supporters of Antimiani…
But it’s the investigation, “Group 2 may”, and the Prosecutor’s office is different. Savagery! When we started, it became clear that the sentence will be justificatory. Of course, I did not expect that judges are going to come out and meet everyone, but the court has demonstrated integrity and recognized that, since the evidence is not valid, it is not acceptable to all defendants regardless of the circumstances. This is a very good and positive precedent for Ukraine!
— And what will happen with Evgeny and Alexander Meadowy Dolzhenkova?
— I can answer as a lawyer. An investigation into the new case has no prospects, and it will be strongly inhibited. Time after time, the Prosecutor’s office will appeal to court with a request to extend the period of investigation and to leave the accused in custody.
Further, the Prosecutor’s office will appeal the court’s decision in Chernomorsk, and the appeal of Odessa to consider it can’t for one simple reason — all the judges were involved in this case. Therefore, it will be made a representation in the Supreme specialized court of Ukraine, which will appoint for this business one of the regional appeals. You can imagine, if it be Lviv or Rivne, and Ternopil, Vinnytsia or appeal? They simply break the sentence and write it the way they say in the administration of the President.
— What about you personally?
I can’t say that my actions bring pleasure power. Therefore, I have submitted the complaint to the disciplinary Commission of the bar of the city of Kiev, which has refused for me to open the proceedings. And the Prosecutor’s office appealed against this refusal before the Higher disciplinary Commission of the bar.
A power of attorney from the Prosecutor General, the chief of the office of special investigations of the Gorbatyuk and another attorney to represent the interests of the Prosecutor General in this proceeding signed by Yuriy Lutsenko. Well, that is not bad. He has a lot I have to learn, it will be an interesting process. I blame the fact that, being present at the interrogation of the ward, I refused to sign the Protocol and the same advised his client.
— Than it threatens you?
— The maximum? Deprivation of the right to engage in advocacy.