Svetlana Novitskaya: Kiev’s Stunning “Verdict” That Jailed Dmitry Vasilets & Evgeny Timonin for 9 Years

Translated by Ollie Richardson & Angelina Siard


Svetlana Novitskaya (Lawyer of Dmitry Vasilets & Evgeny Timonin)

I publish below the stunning “verdict” of the Andrushovsky court in the case of the journalist Dmitry Vasilets and operator Evgeny Timonin. If you decide to try to find justice and competence in this verdict, do not bother looking!

This is a compilation of the indictment and the court debate of the Prosecutor. Moreover, instead of the 2001 Warsaw Conference on Combating Terrorism, the Prosecutor invented the non-existent 2001 Warsaw Convention on Combatting Terrorism, and like this the judges wrote in the verdict “decisions of the Warsaw Convention”.

“Well, it is the top brass who said it, after all”, like in that movie The Meeting Place Cannot Be Changed. The 1977 European Convention on the Suppression of Terrorism, ratified by Ukraine, didn’t suit them – because, after all, in it the terms are very clearly explained: the notion of terrorist crimes and the notion of facilitating a terrorist crime. But Article 258-3 of the Criminal Code of Ukraine “other support for terrorism” suited them very much, because it is possible to declare any action as criminal.

If you write “incorrectly” about the conflict in Donbass, it means that you commit a crime – “supporting the terrorist organisations DPR AND LPR and their accomplice ‘Novorossiya TV'”. And it doesn’t matter for Ukraine that the European court in its decisions, recognizing the violation of the Convention by the courts of Ukraine, writes that a norm of criminal law that is not clearly written down does not establish an exhaustive range of limitations in order for a person to control their behavior and actions, and is not a rule of law, in the understanding of European legal principles.

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There isn’t a single decision of any court of Ukraine, which would be in accordance with Article 24 of the Law of Ukraine “On combating terrorism”, where the DPR, LPR, and the channel “Novorossiya TV” are recognized as terrorist organizations. And they don’t even need it. For this they have two-to-three volumes of the “criminal proceedings” against Pavel Gubarev. However, the “case” ended in zilch, and didn’t even reach the court. But the investigator examined the “criminal proceedings” of P. Gubarev and created a report that stated that the materials of this case prove that the DPR and LPR are terrorist organizations!!!!!!!???? SURPRISED?! Well, that’s not all.

The investigation established the employees of the channel “Novorossiya TV” by examining the contents of the website Mirotvorets. Yes, this same website. They looked at the website, created a report in which it is stated that according to the data of the website “Mirotvorets” such-and-such a person works at the channel “Novorossiya TV”. So what use do they have for copies of work books, orders of appointment to a position, and contracts? After all, everything is written on the website “Mirotvorets”.

There is no arguing with this website!!!! THIS WEBSITE IS FREE OF SIN, LIKE THE POPE! Well, and they also invented in their verdict a new version of the Law “On Operative Search Activities”. For example, in Article 8 Part 1 Paragraph 9 of this Law it is written that they can implement “audio-video control of a person, the obtaining of information from transport, telecommunication, and electronic information networks in accordance with the provisions of Articles 260, 263-265 of the Criminal Procedural Code of Ukraine”. So the mentioned articles of the code provide the right to wiretap you (phones) and to take other information only on the order of the investigating judge in criminal proceedings registered in the Unified register of pre-trial investigation in Ukraine. The phones of Vasilets and Timonin were tapped in June-August, 2014. Audio recordings and transcripts were attached to the case as evidence. But the criminal case itself was registered on April 4th, 2015. The defense declared the inadmissibility of such evidence. But the Prosecutor in the debate said that it is possible to wiretap without a court order.

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Like in that movie “The Meeting Place Cannot Be Changed”: “The top brass said to release me”. So the Prosecutor also said that it is possible, and the court believed it without reading the law. After all, it is the top brass that said it. In the case there is no court order for the carrying out of secret investigative actions, which is issued by the investigating judge of the court of appeal. There are no court orders in accordance with Article 258 of the Criminal Procedural Code of Ukraine on general provisions related to interference in private communication (printouts of wiretaps, collection of information from phones, laptops, credit cards).

The court was satisfied with the response from August, 2017, of the Court of Appeal of Zhitomir that they are unable to create a Commission for the declassification of documents. And that it is for this reason that the Andrushovsky court believed that orders exist somewhere in the universe. Well, why will the “poor robed judges” bother themselves with extra reading of the Criminal Code. In two years, after all, they had no time to declassify the court orders.

But I can’t understand how the judge of the Court of Appeal gave permission to wiretap Vasilets and Timonin 11 months prior to the initiation and registration of the criminal case against them?!!!! 99% of this case is illegally obtained evidence, or such evidence as the “criminal proceedings of P. Gubarev”, which after reading the investigator came to the conclusion that the DPR, LPR, and their accomplice channel “Novorossiya TV” are terrorist organizations. Indeed, for what would the court need some decision on the recognition of the DPR and LPR as terrorist organizations? And so what if the UN, OSCE, or any other international organizations don’t recognize them as terrorist organizations if they have the zilch-case of P. Gubarev that collapsed before reaching court.

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And the most important thing for them is that they have the appeals of the Verkhovna Rada of Ukraine to international organizations for the recognition of the DPR and LPR as terrorist organizations. And it doesn’t matter if no international organization responded to these appeals. But they plant mentions about these appeals in all guilty verdicts. And in this one too. There is a legend that judges in ancient Athens gave verdicts in chairs made from the skin of the previous judge caught on a bribe or an agreed-in-advance verdict. I regret so much that we are not in Ancient Athens….

Vasilets Verdict (WM)

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