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Where there is no law, but every man does what is right in his own eyes, there is the least of real liberty
Henry M. Robert

“Nobody caught Danylyshyn”

26 October, 2010 - 00:00

Stepan Ukrainets, Bohdan Danylyshyn’s lawyer, claims that the ex-minister of economy himself decided to meet Ukrainian investigators and voluntarily came to the meeting in the Embassy of Ukraine in the Czech Republic, where he was detained. Ukrainets announced this in his interview to UNIAN. We offer its fragments to your attention.

What were the circumstances of Danylyshyn’s detention in Prague? The Prosecutor General’s Office stated that it happened after he had recourse to a medical institution, where he was allegedly identified.

“I strongly disprove this information, since it happened in our presence, that is in the presence of lawyers. When we, together with Bohdan Danylyshyn, entered the Embassy of Ukraine in Prague, investigators of the Prosecutor General’s Office, who came to the Czech Republic, detained him right in the embassy, based on a resolution on initiating a criminal case, and interrogated him.”

That is he was detained in the Embassy of Ukraine in Prague?

“Yes.”

And he came there himself? So, in fact, he gave himself up?

“It was Danylyshyn’s initiative to see investigators from the Prosecutor’s Office. He came to the embassy accompanied by his lawyers.

“The point is that Danylyshyn, being in Ukraine, repeatedly visited different interrogations as a witness and no preventive measures were taken regarding him, in particular, no signed promise not to leave the country. Therefore, as a free person, he went for treatment to Germany. Before this he was treated in Ukraine. He has an acute condition of a liver disease, and spinal problems. The treatment in Ukraine was not successful, therefore he went to Germany for treatment. By the way, we provided documents to Ukrainian investigators proving the necessity of the treatment and the fact it was administered.”

What did he do in Prague? Tried to hide?

“No way! He already was in Germany at the moment of initiating the criminal case. His location was known, journalists called him, and if someone wanted to find him, it was possible.

“After treatment in Germany, having made sure he was really wanted, Danylyshyn wished to see representatives of the law enforcement bodies of Ukraine. They wanted to meet in one of the EU countries. The Czech Republic was chosen, or more precisely, the Embassy of Ukraine in the Czech Republic. We, the lawyers, accompanied him from Germany to Prague.”

So it is not the result of the work of the Interpol and the Czech police?

“Absolutely not. Such information is not true. He came there totally voluntarily, but for some reason the Prosecutor General’s Office depicted everything as if he was hiding and everyone was looking for him.”

How was he detained in the embassy?

“Investigators of the Ukrainian Prosecutor General’s Office showed him some documents there, but they didn’t provide any real proofs which could stand legal scrutiny. Without a protocol of detention, they forcedly took Danylyshyn away from the embassy and handed him over to the Czech police. That is a citizen of Ukraine was taken away from the Embassy of Ukraine in the Czech Republic and handed over to the Czech police.”

Do you and Danylyshyn consider the accusations to be lawful?

“All accusations cannot be lawful. What is a lawful accusation based on? On evidence obtained legally. According to the Constitution, the evidence the investigation possesses was obtained illegally. It is not sufficient. That is why the accusations cannot be lawful. If investigators violated the legislation in the embassy in the Czech Republic, what violations could there be if he returned to Ukraine?!”

Why do you say that the evidence was obtained illegally?

“The accusation is built on some examinations. According to the criminal code, when one or another investigator decided to appoint an examination, he must familiarize the suspect, indicted person or defendant with it, so that this person could ask questions regarding the examination and could defend himself in all legal ways according to part 5, article 55 of the Constitution. In this case the right for defense was breached. If it is so, the charge cannot be lawful.”

TO THE POINT

It was previously reported that the ex-minister of economy of Ukraine Boh-dan Danylyshyn was accused of committing the crime found in part 2, article 364 of the Criminal Code of Ukraine — “a misuse of power or official position.” As a result, according to the information of the Ministry of Internal Affairs of Ukraine, there allegedly was an inefficient and excessive waste of state funds, which led to losses to the state, in the person of the Ministry of Defense of Ukraine, totaling of 13.9 million hryvnias.

By Yurii DOSHCHATOV, www.unian.net
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