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HOT ANTICORRUPTION NEWS / Issue #95
March 22, 2019
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We dedicate today's issue to a comprehensive fact-check of Prosecutor General Yuriy Lutsenko's allegations against U.S. Ambassador Marie Yovanovitch and NABU director Artem Sytnyk, which he voiced on March 20, 2019, in an interview for American media The Hill.
 

Allegations against NABU director Artem Sytnyk

Though back in May 2018 the Prosecutor General Yuriy Lutsenko himself publicly boasted that he assisted Mueller’s probe, in March 2019, Lutsenko changed his mind and decided that Sytnyk intervened in the 2016 U.S. elections in support of Democrats.
Lutsenko announced that 
Prosecutor General’s Office triggered a criminal proceeding into the issue.

Lutsenko builds up his allegations against Sytnyk on very dubious grounds:

1) the decision of Kyiv district administrative court made in a lawsuit filed by MP Boryslav Rozenblat (suspect in NABU criminal investigation) against NABU and MP Sergiy Leshchenko. This decision is doubtful as the court:

  • went beyond its competence to make decisions on public-law disputes only;

  • went beyond the territorial jurisdiction and did not comply with the condition that the court can make the decision upon an appeal of a person whose rights were violated;

  • failed to explain the cause-effect relationship and how the court could assess the intervention in the elections of another state without sending there a single legal request.

Moreover, the ruling is not enacted, as the appeals trial recently started in the case.
 

2) audio recording, which Lutsenko received from that same MP Rozenblat. It cannot be used as evidence in the criminal case as according to Ukrainian legislation, a recording could be considered as proof only if it was wiretapped by the law enforcement agency in compliance with the Criminal Procedure Code. This recording is of low quality and unclear origin.
 

Nevertheless, lack of legal proofs of Sytnyk’s alleged crime did not prevent Lutsenko from going on air on the American TV channel with this 'sensational accusation.'

Allegations against U.S. Ambassador Marie Yovanovitch

Lutsenko builds up his accusations against the Ambassador on no less notorious grounds.

He stated that during their first meeting, Madam Ambassador gave him a “no prosecute” list. According to Lutsenko, the conversation with her regarded the criminal proceeding into alleged embezzlement of U.S. technical assistance of 4 million USD.

However, as a proof of her ‘guilt’, the journalists who interviewed Lutsenko, published a letter of April 2016, signed by the then Deputy Head of Mission George Kent on behalf of her predecessor, the then Ambassador Geoffrey Pyatt.

The criminal case Lutsenko referred to was opened by the PGO on March 16, 2016 during the times of Lutsenko’s predecessor Viktor Shokin. In May 2016, Lutsenko was appointed to the office, personally stated that the criminal case was ‘stupid’ and closed it on May 30, 2016.

In late August, 2016, Ambassador Yovanovitch arrived in Ukraine and handed her credential letters to the President.

Therefore, Lutsenko’s statement cannot be true as his first conversation with Madam Ambassador could have happened not earlier than three months after the criminal case had already been closed for good.

We issued a separate statement about Lutsenko's problems with chronology. 

See a detailed fact-check of Lutsenko's statements from the interview
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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