Translated by Ollie Richardson & Angelina Siard
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I don’t know if the judges wanted it or not, but the President, who is sure that he provided to his country “an unprecedented level of freedom that never existed before”, received an excellent gift. And extremely symbolical. Concerning the “level of freedom”, of course. The guys [Vasilets and Timonin – ed] will be unambiguously left to roast in the Zhytomyr pre-trial detention center without consideration of the substance of the case. So that imprisonment breaks their will. But not only this – also to punish and revenge for rebelliousness, for upholding the right to their own views. “Presidential level freedom” obviously doesn’t assume such disobedience and dissent, so it means all discordant will lie on the prison bunks. It is a trend, as we already understood.
And all of this case of Vasilets-Timonin, the authorities wants to unambiguously impose this for edification of all: apparently, look, b*stards, sorry, “free journalists”, at what will happen to you if you don’t estimate the presidential “level of freedom”, and will babble whatever is in your head. As Andrushevsky court, having scheduled the next hearing, didn’t specify what will be considered here, the lawyer of the defendants Svetlana Novitskaya assumed that on June 7th the court will gather to simply prolong Vasilets and Timonin’s term of detention, which expires by then.
Yesterday, on May 25th, the court only involved in the case written proof of the guilt of the defendants, collected and sounded by the prosecutor. According to the lawyer, the judges had to go further and schedule the following legal proceedings – interrogation of witnesses by the side of the accusation. But neither the prosecutor nor the judges said anything about it. Therefore, nobody will gather any witnesses or deliver them to Andrushevka, and what the court will be engaged in, nobody knows. The lawyer was going to declare an appeal about this, but the judges sharply interrupted her, without allowing her to speak, announced the date of the next hearing, and left the room. In favour of her version speaks also the fact that the next court session would have to take place already on May 31st. But the prosecutor stated that she will be occupied with another matters and won’t be able to be present until June 7th. The court agreed with this. And there are no doubts that Vasilets and Timonin’s term of detention will be prolonged for another 60 days. And then everybody has holidays, rest, other matters, and it will be for another two months… In short, they will sit in jail, we said…
Once again I will remind of the main point: Vasilets and Timonin were arrested in November, 2015, on the charge of “informational assistance to terrorism” under article 258-3 of the Criminal Code of Ukraine “Creation of terrorist group or terrorist organization”. The article is serious: punishment is up to 15 years in jail with the confiscation of property. But since then, already three venues of court were changed (Zhytomyr, Berdichev, Andrushevka), but consideration of the case practically didn’t move off dead center. As of this moment the court only accepted for consideration the indictment and written certificates and proof of the accusatory side stated above. And that’s all, everything stalled.
But why did the case stall, and why are journalists being revenged, holding them in prison, became clear during the announcement of this written proof: the prosecutor does have proof, but just that it doesn’t prove anything on the substance of the charge, politically engaged and also collected with serious procedural violations?!
Firstly, during several hours the prosecutor was reading the descriptions of operatives and investigators that Vasilets and Timonin in July-August, 2014, exchanged words with people who were going to the self-proclaimed Republics of Donbass to create their Internet television “Novorossiya TV” and wanted to establish an exchange of information for their “Pravilnoye TV”. Then they visited Donetsk and, judging by the talks, met with the aforementioned people and even discussed the creation of “Novorossiya TV”. But the prosecutor, except with words, couldn’t provide any powerful proof that Vasilets and Timonin “created separatist television”. No joint program, no broadcast on this or that television with the logo “ally and partner”, and even no documented proof that the telephone interlocutors of the defendants are real people and really worked at “Novorossiya TV”. And conversation, as is known, can be sewn to the case only when there is a desire. Or when the order is given to accuse or, as is said, the guilt of the defendants was ordered from above. And now they adjust the proof, search for witnesses, “sew” everything that is possible to sew by the principle “we just need a defendant, then we will sew the case up”.
But even then, this is not everything. During the announcement of proof — I will remind, of the conversations in the summer of 2014 – it became known that operatives and investigators of the SBU were recording this conversation also at that time, in 2014. But they only received permission for recording one year later. I repeat – a year later, in 2015! I.e. they received permission only after they did it. Exactly like they also eavesdropped on people before the criminal “Vprovadzhennya” (this is how the beginning of criminal prosecution in Ukraine is called now, similar to the initiation of criminal proceedings) begun in April of 2015.
In other words, in turns out that in Ukraine not only illegal eavesdropping on citizens is possible, and the invasion into their private life by intelligence services, but also obtaining permission for this activity retrospectively. At first, the “criminals” Vasilets and Timonin were recorded, and then permission from the Zhytomyr court of appeal to use the recording as proof was obtained, while it is necessary to do everything on the contrary. Like in all constitutional States: firstly, to get the permission of the court, and then to carry out the hidden recording using operatives in order to collect proof of the guilt of the suspects. For morons who support the present post-Maidan “democratic power” in Ukraine in everything, I will explain once again: if to work in this way, as it was done with Vasilets and Timonin, any Ukrainian “patriot” and idiot retrospectively can be accused even of Kennedy’s murder and find verbal confirmations of this in past illegally recorded conversations…
B*llshit, of course. But this, seemingly, is today’s practice of the law enforcement agencies, which must protect the post-maidan “Mummyland” from “separatism and terrorism”. The lawyer Novitskaya urged the court to obligatorily file the “proof” collected in this way, so that those who violated the law don’t tuck it away somewhere (for example, article 88 or 258 of the Criminal Procedure Code of Ukraine “General provisions related to interference in private communication“) and must be held responsible according to the law for falsification of illegally obtained and inadequate evidence. And in article 258 it is directly said: that “types of interference in private communication are: 1) audio, video monitoring of an individual; 2) arrest, examination and seizure of correspondence; 3) collecting information from telecommunication networks; 4) collecting information from electronic information systems”. And without the permission of the court, I repeat, to do all this, especially with retrospective permission, is forbidden. And what – in Ukraine after Maidan it is possible?
Secondly, about the fact that the journalists are being revenged for their professional activity, which doesn’t suit the authorities, became clear from other “proof”. When the prosecutor accused the defendants of the fact that they for one of their projects calculated the budgetary estimate in Russian rubles, I was waiting for when the side of the accusation will call as “proof” “work for the aggressor”. And here it is – bingo! – the prosecutor as proof of “informational assistance to terrorism” named at first Vasilets’ TV program “Museum of information war” on “Channel 17”, in which he exposed the facts of falsification and distortion that journalists allow themselves in their work to please the authorities. It was a class and informative program! The journalist was taking three topics – Ukrainian, Russian, and any western TV topic on the same subject and compared them, according to the criteria of a journalist’s work regarding the efficiency, objectivity, impartiality, and existence of different opinions etc. The image was smart in respect to its debunking of propaganda and agitprop, the level of engagement and bias that are palmed off to citizens of Ukraine to justify all actions of the authorities.
And the budgetary estimate of his program “Museum of Information War”, Vasilets, as well as many others in poor countries, counted on the hope of sponsors both in euros and in dollars. But the prosecutor paid attention especially to rubles – the “currency of the aggressor”, which is supposed to confirm the tendency to terrorism of the author of the program…
Then the movement “Media lustration” that Vasilets initiated was put to use to expose journalist-propagandists who lie to the audience reader-listeners. And in end the prosecutor accused Vasilets and Timonin of “terrorism” that they initiated and handed to especially prominent liars and propagandists the “Joseph Goebbels Award”. The leader of one of the most false TV channels “1+1” and Yury Stets, the minister of information policy and the godfather of the President Poroshenko, became its first “laureates”. Well, and when Vasilets within the framework of “Media lustration” showed in the center of Kiev on the big screen an exposing video of the blogger Anatoly Shariy, the patience of the authorities ran out. And they decided “to shut the disturber of tranquillity up” for 15 years. And they invented “informational assistance to terrorism”, having fastened to it “help in creation of the channel Novorossiya TV”. But they blabbed out, because of their dullness, as is said, they burnt themselves – they voiced what in reality they want to punish for. And namely — for rejection of the authorities and what these authorities are doing, and for the fight against pro-authority lies and propaganda in the media. Because what the “Goebbels’s Award” of 2015 has to do with conversations about “Novorossiya TV” in 2014? Here, by the way, is the “Goebbels’s award”:
…So we wait for June 7th, 2017. By the way, it seems that it’s not only us who are waiting. The OSCE group was present at this fantastic court session, which was headed by the observer Fernando Herrera Inaraja. Everything was being translated for him, he had to at least understand something. But anyway, it’s positive: now the OSCE at least can’t say that it doesn’t know about the case of Vasilets and Timonin, who are so coolly and indicatively being mocked. Although on the other hand, when I tried to send to Mr. Inaraja some documents to the email address printed on his designated business card, the computer responded saying that such an address doesn’t exist. And for “no”, as is known, there is nothing…
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