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08.04.2004

Criminal case of Yaroslav Tkachivskiy

   

The Institute of mass information got the response from G. Baydashchuk, the acting head of the department of internal safety of the militia directorate of the Ivano-Frankivsk oblast. The IMI request concerned the ODA connected with the case of Yaroslav Tkachivskiy, the editor-in-chief of the newspaper “Tyzhnevik Galytchiny”.

Mr. Baydashchuk informs that “now the law-enforcing organs of the Ivano-Frankivsk oblast conduct no ODA connected with the case of citizen Tkachivskiy”.

Besides, the response reads that the Ivano-Frankivsk town militia precinct sent the requests to the Tysmenitsa district court about Tkachivskiy’s criminal case in order to obtain the information for the introduction of proper changes into the statistical data.

We want to remind that the IMI got the information that Yaroslav Tkachivskiy, the representative of the Institute in the Ivano-Frankivsk oblast, was shadowed by law-enforcing organs. On 29 July the Institute directed the informational request to the militia directorate of the Ivano-Frankivsk oblast.

In May-July 2003 the Ivano-Frankivsk town militia directorate, referring to the Laws of Ukraine “On the ODA” and “On militia”, sent the requests to the Tysmenitsa district court about the consideration of the criminal case of Tkachivskiy. This is confirmed by letters No. 2117 of 5 May 2003 and No. 3673 of 17 July 2003, which are contained in the case materials.

The IMI puts the following questions in its request: do the law-enforcing organs of the Ivano-Frankivsk conduct the ODA concerning Yaroslav Tkachivskiy; with which purpose and on the basis of which normative acts the town militia directorate needs the information about the consideration of the mentioned criminal case?

The chronology of the investigation of the criminal case of Yaroslav Tkachivskiy:

14 February 2002. The court of Ivano-Frankivsk took the decision about the additional investigation of the criminal case against Tkachivskiy, the editor-in-chief of the newspaper “Tyzhnevik Galytchiny”. The criminal case against him had been instituted on 7 November 2000. The editor was accused of the misuse of power, larceny on an especially grand scale, dodging from taxes. The Ivano-Frankivsk prosecutor’s office appealed against the decision on the additional investigation. On 29 April the appeal court of Ivano-Frankivsk accepted the appeal, thus continuing the consideration of the case. On 14 June 2002 the case was considered by the Tysmenitsa district court. The next court sitting was carried out on 26 June. On 16 August 2002, during a court sitting, Ya. Tkachivskiy and his advocate Valeriy Kornilov lodged the petition about the audio and video recording of the trial. On 1 September 2001 new Criminal Code of Ukraine came into force. In spite of that the organ of the pre-trial investigation did not bring the accusations in correspondence with the new Code, in particular Article 148-2 part 2 (the Code of 1960) was not removed from the accusation materials, thus violating Article 5 of the Criminal Code (of 2001), which abolishes the criminality of the action.

“Tyzhnevik Galytchiny” is an independent oblast weekly that was registered on 30 December 1993. The weekly was founded by the editorial board of the newspaper “Galytchina”. On 11 January 1996 the editorial boards of “Tyzhnevik Galytchiny” and “Galytchina” concluded a treaty about cooperation. According to the order of the editor of “Galytchina” of 12 October 2000, the newspaper “Tyzhnevik Galytchiny” was liquidated. The collective of the weekly tries now to appeal against this decision.

On 30 July 2002 the European Court of human rights registered the claim about the liquidation of the weekly handed by Yaroslav Tkachivskiy.

(The Institute of mass information, 23 August 2003)

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