Translated by Ollie Richardson
To the calling-himself Prosecutor General of Ukraine,
Citizen Lutsenko, Yu.
CC: senior investigator
GVP GPU K. Rudiky
Dear Yury Vitalyevich!
In response to your notice of suspicion of me committing heinous crimes against the national security of Ukraine, I am forced to inform you that on 21st February 2014 in Ukraine there was a coup d’etat and a violent seizure of power, which, under the Constitution, qualifies as a “usurpation of power by one of the authorities”, which in this case, is the Verkhovna Rada.
The Constitutional Court of Ukraine on October 5th, 2005, by decision No. FP6/2005 determined that “the usurpation of state power means the unconstitutional or illegal seizure by the state authorities”. Since there was such a seizure of state power by the Parliament in Ukraine, all the laws and regulations adopted after February 21st, 2014, including the appointment of the acting President, Prime Minister, Cabinet members, the Attorney General, the appointment and execution of presidential elections in Ukraine on 25th May 2014, elections of deputies of the Verkhovna Rada on October 26th 2014, and the decision to conduct anti-terrorist operations are illegal, unconstitutional, and criminal.
From the norms of Ukrainian constitutional law, it follows that after 21st February 2014 there was no legitimate authority in Ukraine: public authorities were being ran by illegally appointed officials.
On the territory of Ukraine there also is currently no basic law. The Verkhovna Rada of Ukraine, outside its powers and in violation of the constitutional order, established using article XIII of the Constitution of Ukraine, adopted the Law “On renewal of certain provisions of the Constitution of Ukraine”. The Constitution of 1996 was declared abolished, and the 2004 version of the Constitution is legally incompetent due to this violation of the adoption of the constitutional legal acts.
In the situation of the termination of the activity of the Ukrainian Republican State authorities, which occurred through the fault of participants of the State coup, the Supreme Council of the Autonomous Republic of Crimea had all legal grounds for adoption on February 28th, 2014 of the statement “about non-recognition of the illegal power in Kiev”, and also decisions on declaration of independence and holding a referendum. Also citizens of Donetsk, Lugansk and other areas of Ukraine had a legal basis for holding similar referendums.
The actions of the authorities in Kiev, repressive bodies, and the Armed Forces controlling the territory of Ukraine, which resulted in deaths, illegal arrests, and persecution of hundreds of thousands of innocent people and the destruction of huge material values, from the point of view of Ukrainian and international law, are crimes against humanity, war crimes, and genocide.
Thus, currently, Ukraine has no legitimate authorities, including the Prosecutor General’s office, and no legitimate authorities, including you – citizen Lutsenko. Therefore, neither you, nor your subordinates have legal powers for decision-making on initiated of criminal cases, and also to call me in for questioning in the pre-trial investigation.
Based on the above, I do not feel obliged to report to the main military Prosecutor’s office of the Prosecutor General of Ukraine. Moreover, my obedience to this requirement could be qualified as complicity in the criminal actions of the usurpers of power.
If you really consider yourself to be a competent Prosecutor General of Ukraine, according to Ukrainian legislation, you are required to take the following actions.
1. To arrest all the participants of the coup d’état in Kiev February 21, 2014, including deputies of the Verkhovna Rada who made the decision about the usurpation of power, their appointed leaders of the authorities, and the rioters.
2. To recognize as illegitimate all the decisions made by the participants in the coup, including the appointment and execution of elections of the President of Ukraine and Verkhovna Rada deputies.
3. To recognize as invalid the elections on May 25th and 26th October 2014, and, adopted on the basis of their results, the acts of appointment of the President of Ukraine and deputies of the Verkhovna Rada of Ukraine” as illegal, and all subsequent decisions of these authorities.
4. To initiate criminal proceedings on the facts of the crimes committed by the seizure of power, including murder, arrests, and mistreatment of citizens.
5. To demand the immediate release of all political prisoners.
6. To stop all criminal cases against a citizen in violation of the territorial integrity of Ukraine and protests to bodies of state power of Ukraine in the absence of those; to start work on the revision of judicial decisions on these characteristics.
7. To start the investigation into war crimes committed by the Ukrainian Armed forces against the civilian population.
8. To initiate criminal proceedings on the facts of the crimes listed in the “White book” of violations of human rights in Ukraine prepared by the Russian Foreign Ministry.
9. To recognize as terrorist organizations the so-called volunteer battalions that committed mass murder of civilians, and to arrest their members.
10. To bring criminal charges of treason against the persons recruited by US intelligence and other NATO member-states. You can easily obtain information about these persons from their colleagues in the SBU.
11. To initiate criminal proceedings on the facts of interference in the internal affairs of Ukraine by the officials of the United States and other NATO member-states, to demand the expulsion of the staff of their diplomatic missions, supervising the work of the President, Government, Parliament, Security Services, and the Ukrainian Armed forces.
12. To give a legal evaluation of the coup and unconstitutional seizure of power in Ukraine; to offer the procedure for the formation of legitimate bodies of state power and restoration of constitutional order in Ukraine.
As a legally competent person, you must understand that the actions of those who usurped power in Ukraine, resulting in the estimated deaths of more than 100,000 people, over 500,000 people injured, physically imparied, and mentally ill, and the fleeing and displacement of several million people should qualify as crimes against humanity, war crimes, and genocide of the population of the Southern and Eastern regions of Ukraine. Because individuals who usurped power in Ukraine consider themselves the legal successors of Nazi collaborators who supported the 1941-1944 occupying fascist regime and those convicted by the Nuremberg Tribunal, the investigation of their crimes and judicial decision-making should lead to a similar international tribunal where you would be able to give the relevant testimony.
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