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HOT ANTICORRUPTION NEWS / Issue #101
May 11, 2019
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Today's issue:

- Warning! Toxic! Lutsenko and Avakov should leave;
- anticorruption judges selected court president and deputy president;
- the bogus case against forensics expert in Avakov's backpacks case is transferred to Kyiv court; 
- #SaveSentsov CSOs call Council of Europe member states to start a dialogue about PACE only after Kremlin releases all hostages;
- update on attacks against activists: Handziuk's case; former Yanukovych's official Portnov threatens the activists with revenge. 

 
Warning! Toxic!  
Lutsenko and Avakov should leave

On Tuesday, May 14, civil society activists will set the sign “Toxic” and put the barrier tape around buildings of the Prosecutor General’s Office and the Ministry of Internal Affairs. Heads of these institutions Yuriy Lutsenko and Arsen Avakov became politically toxic and they should leave.
 

The Prosecutor General Lutsenko and the Minister of Internal Affairs Avakov are politically responsible for the failure of reforms in the Prosecutor’s Office and the police. Law enforcement agencies led the corruption instead of fighting with it. And instead of arresting criminal authorities, they are covering them up.

Join us! More details

Earlier, President-elect Zelenskyi already
stated that Lutsenko is an old guard and new people should be appointed. Immediately after it the PGO summoned Poroshenko's close allies. 

In his
article for the Washington Post prominent journalist Oliver Bullough highlighted: 'One official he [President-elect Volodymyr Zelensky] should consider jettisoning is current General Prosecutor Yuriy Lutsenko, who has not only been as ineffective as [former General Prosecutor] Shokin at prosecuting the crooks of the past, but has also been feeding [Trump's lawyer Rudy] Giuliani the partial information that underpins his conspiracy.' Full text

 

Anticorruption judges selected court president and deputy president

Judges of the High Anticorruption Court (HACC) elected Olena Tanasevych as court president and Yevhen Kruk as deputy president. Olena Tanasevych got the highest score during the competition. 

The court will start its operation on September 5, 2019, though according to Ukraine's
commitments to the IMF it has to be fully operational by end-June. Such a delay may cause the closure of some of the top cases, consideration of which is ongoing in ordinary courts.

All cases of HACC jurisdiction should be transferred to this court when it starts  working. 

In order to ensure HACC's independence, it is critical to select a decent head of court apparatus and staff. 
  

The bogus case against forensics expert in Avakov's backpacks case was transferred to Kyiv court
The criminal case against the forensics expert in "Avakov's backpacks case" will be considered in Pechersk District Court of Kyiv (earlier it was considered in Khmelnytskyi region). This decision was taken by the Supreme Court on May 10.
Earlier, the expert assessed the value of backpacks and stated it was overestimated in five times. NABU detectives and SAPO prosecutors referred to her conclusion while announcing charges to case subjects. 

Today, the expert is accused of a $180 fraud. She faces up to three years of imprisonment.

During the first court hearing, an alleged "victim of Bugrova's forgery" testified that he has no complaints regarding her work, was happy with the results of forensics she did and does not understand why Bugrova was brought to trial.
CSOs call Council of Europe member states to start a dialogue about PACE only after Kremlin releases all hostages
Five years ago, on May 10 Oleg Setsov was illegally detained by Russia. 

More than 98 Ukrainian political prisoners are held hostage in Russia and occupied Crimea. More than 120 prisoners and civil hostages are held in the occupied Donbas.

Despite Russia deteriorates human rights situation, on May 16-17 the Ministerial meeting of the Council of Europe (COE) may nevertheless endorse the mechanism which would eventually pave the way for Russia’s unconditional return to the Parliamentary Assembly of the Council of Europe. By doing this, the COE would turn a blind eye on Russia’s crimes, thus greenlighting more violence against peaceful inhabitants and further violations of international law. Are Western democracies, which have been a lighthouse for Ukraine’s democratic transformation since the Revolution of Dignity, ready to take co-responsibility for crimes perpetrated by the Kremlin’s regime?

The statement was endorsed by 38 Ukrainian and European CSOs and more than 40 individual signatories.
Full text of the statement. 

Update on attacks against activists.
Handziuk's case
OCCRP: Phone records obtained by reporters show that one of the key suspects, who allegedly handled payments for the assault on Gandziuk, was in frequent contact with more than a dozen police officers, prosecutors, and employees of the SBU, the country’s security service, both before and after the attack. Full text
Portnov threatening activists with revenge

After Odesa activist Sternenko left a comment under the Facebook post of the odious official of Yanukovych's administration, responsible for the judiciary, Andriy Portnov, on April 20, Portnov threatened Sternenko. He promised to create a group of 7 attorneys who will be working to accuse Sternenko of 'an intentional murder.'

On May 24, 2018, two unknown persons committed assault on Serhii Sternenko. During the attack, the activist was stabbed in his hand. One of the attackers escaped, but he was later arrested. Another attacker received a death stab in the stomach. This was already the third assault on Sternenko during quite a short period of time. On May 1, 2018, unknown shot him from behind. On February 7, 2018 Sternenko was attacked near his house. When every attack took place, the activist asked the police to provide security for him, in particular state guards, but his requests were all denied. 

Back in March 2019, the Parliament's Investigative Commission into attacks against activists stated ineffective investigation in all these three cases which did not yield any results. More about the attacks on Sternenko.
In addition, Portnov recently announced he will soon return to Ukraine. Prosecutor General's office failed to bring him to liability. The EU was forced to lift sanctions against him in 2015 due to lack of evidence. Currently, Portnov lives in Vienna.

The activists arranged a peaceful rally near his Vienna house. After the protest, Portnov threatened activists to appeal to Austria's law enforcement regarding 'violence threats and a crime against public order'. He said he aims to achieve EU entry bans or detentions for protesters. Also claims he found out about 'previous charges against the activists which he plans to push forward.'
Copyright © *2019* Anti-corruption Action Centre*, All rights reserved.

Should you have any questions or comments please contact Olena Halushka at: ohalushka@antac.org.ua

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