Sensational criminal cases of the 2000s in Ukraine have again become a subject of heightened attention from the international community. As is known, the Helsinki Commission of the US Congress had a meeting last week and held a Hearing on OSCE with Ukraine’s foreign minister. Minister of Foreign Affairs of Ukraine Leonid Kozhara answered the questions of senators and congressmen. Like before, the main attention of the Ukrainian mass media was drawn to the “Tymoshenko issue.” Practically all Ukrainian media agencies reported that “the Commission hopes that the decision of the European Court on Human Rights in the case of Ukraine’s former prime minister Yulia Tymoshenko will become an additional impulse for her release.” And this is true.
But another bloc of very important issues remained unnoticed. It has been highlighted only partially by the Voice of America. The thing is that American legislators demanded from Minister Kozhara to tell them about the course of investigation into the cases of journalists and politicians who became victims in Ukraine. The names of journalist Heorhii Gongadze, former MP Oleksandr Yeliashkevych, and public figure Oleksii Podolsky were mentioned. It will be reminded that Yeliashkevych was attacked in February 2000, in June that year Podolsky was beaten, and kidnapping of Gongadze had an absolutely tragic ending – he was killed in September 2000. These questions were broached by Congressman Steve Cohen.
However, even the Voice of America provided only superficial coverage of the news about the sensational cases. The transcript of the Helsinki Commission hearings will help us analyze the situation in a more detailed way. There are probably too many quotations, but they are demonstrative. So, mentioning the incidents with Yeliashkevych, Gongadze, and Podolsky, Cohen underlined: “In all those cases, justice does not seem to have been carried out to the extent that it might have been able to bring all the parties responsible to justice. And my question to you will be, what is being done to see that justice, even if it goes to the highest levels in your government, is meted out so that these atrocious murders and beatings, which were political in nature and against the civil rights of these individuals, and against the Ukrainian government, in essence, will be brought to justice?”
This question was practically ignored by the minister of foreign affairs of Ukraine who went on commenting on other topics, therefore Cohen later returned to his question: “I talked about three gentlemen who have been the victims of political attacks in your country. There was a conviction, a perpetrator of the assassination of the journalist Gongadze. But apparently he implied that the attack was ordered by former president Kuchma. And there were two other people attacked who were seriously hurt. The perpetrators of that act have not been, I believe, arrested or brought to justice. The very brutal attack on the politician Yeliashkevych has not been brought to justice. And he did seek and received asylum here because of threats from the previous president. He is, I believe, living in Ukraine now, but yet that crime has not been satisfactorily resolved, I think, to the credit of the Ukrainian government. And the other journalist who was attacked, Podolsky, his perpetrators have not been brought to justice, too. And so my question to you is, do you know of any actions that are being brought or any actions that we can foresee where possibly the perpetrators will be brought to justice, and if it reaches to the level of the former president, that he would be brought to justice?”
The transcript leaves an impression that Minister Kozhara had no other way-out than to reply. With his back against the wall, Kozhara had to answer the question: “I appreciate your awareness of so many very famous criminal cases in Ukraine. And you know that investigation on the late journalist, Mr. Gongadze, is going on. And I’m here not in a position to comment on the investigation. So, what I can say here before the commission, that there is a common feeling that the investigation is going on and is getting closer to the resolution of this very topical case for Ukraine. I cannot reply specifically on Mr. Yeliashkevych because I don’t know that case. Mr. Yeliashkevych is my former colleague by Verkhovna Rada – the Ukrainian parliament. And I saw him a few months ago in Kyiv [we got in touch with Yeliashkevych and he told us that he never met Kozhara. – Author]. And he looks OK [perhaps, that’s why Yeliashkevych had to withdraw from the election to the Parliament in October 2012 (The Day’s issue No. 61 from October 16, 2012). – Author]. But I don’t know specifically what happened to him. What concerns Mr. Podolsky, unfortunately, I don’t have this name in my files, my talking points. And you also mentioned Mr. Chornovil, who died in the car accident more than 10 years ago. And he was a leading opposition leader in Ukraine.” [Cohen did not mention the name of Viacheslav Chornovil. – Author].
Then Cohen interrupted his speech and clarified the question:
“I believe you said that you recalled serving with Mr. Yeliashkevych who you saw recently. Did you say you were not aware of the fact that he was attacked – brutally attacked, and, as I understand it, that there was a special commission of the Verkhovna Rada of Ukraine of the 3rd and 4th convocations that unanimously came to a conclusion that Ukrainian president Kuchma and the then chairman of the security service of Ukraine Leonid Derkach are accomplices in attempts on the life of people’s deputy of Ukraine, Yeliashkevych? That this was public – you’re not aware of this?”
Minister Kozhara answered to that: “I became a member of the Ukrainian parliament in 2006. And Mr. Yeliashkevych finished his parliamentary job in 2002, I think. And, yes, indeed, I heard of that case. And as far as I remember, a special parliamentary commission was established to investigate that case. Unfortunately, Mr. Cohen, I cannot tell you specific points of that case because I’m not prepared to testify on that now. But what I can promise is that some additional information will be sent to you through our embassy in Washington, D.C.”
From the abovementioned dialogue we can conclude the level of the sides’ readiness to this topic. Strange as it may seem, the American turned out to be more proficient. It should be noted that Ukraine’s minister of foreign affairs looked quite convincing in the questions of Transnistria, Nagorno-Karabakh, Georgia, support of freedom of expression, fighting xenophobia, anti-Semitism, and human trafficking, Ukraine’s commitments to the path of Eurointegration. Regarding this the co-chair of the Helsinki Commission Ben Cardin expressed his satisfaction with the answers of the Ukrainian minister and support to Ukraine’s actions. But when answering more specific questions, Ukrainian foreign minister looked quite confused. This is a paradox indeed. On a visit to the US, the country that gave political asylum to the only Ukrainian politician, Yeliashkevych, he was unable to speak in details about his case.
“Bad work of the ministry is to blame here,” Oleksii Podolsky agrees with The Day, “When your country is president at the OSCE and you take part in this kind of hearings, you must be ready in all spheres regarding Ukraine. Otherwise you will look unprofessional. On the other hand, when Kozhara says he does not know anything about this, it is not true either. For namely in the height of the Gongadze case investigation Kozhara was working at the Presidential Administration specifically in international department headed at that time by Orel. Kozhara was his direct functionary. Namely the international institution at Kuchma’s Presidential Administration dealt with Gongadze case. Why? The reason is that investigation into Gongadze case was one of the demands brought forward by the West concerning Ukraine. So, Kozhara is versed in the details of this case. And he avoided answering the question because he was unprepared, and most importantly, had not agreed the political standpoint with the higher leadership of the state.”
We are willing to help our Minister so that he doesn’t have to get into embarrassing situation again. Here are some links to material in Den/The Day on the subject of the abovementioned criminal cases: “Zamovlennia na Bezkarnist” (Den’s issue No. 214 from November 24, 2011; ), “The Struggle is Going On” (The Day’s issue No. 5 from January 29, 2013; ), “‘Gongadze case’: to be continued” (The Day’s issue No. 6 from January 31, 2013; ), “Oleksii PODOLSKY: ‘The masterminds must be investigated’” (The Day’s issue No. 10 from February 14, 2013; )...
It is worth mentioning that a pre-trial investigation aimed at finding the masterminds of Gongadze’s murder and Podolsky’s assault is currently underway. Both cases have been united. Oleksii Pukach has been recognized the main executor of the said crimes and sentenced by the court of first instance to life imprisonment (there will also be a court of appeal). The executors under Pukach’s command (a specific group of policemen who committed criminal actions against Gongadze and a group that assaulted Podolsky) are currently running terms in prison. Only the masterminds remain unpunished. It will be reminded that First Deputy General Prosecutor Renat Kuzmin has already stated that “there is lack of evidence to prove Kuchma’s complicity in this crime and an investigation is currently underway and all kinds of evidence are being gathered.” The situation concerning Yeliashkevych is different. Here an absolutely fictitious trial has taken place where neither the victim, nor the suspect was present. The convicted person in the case said he had not commit the crime, but was made admit the guilt.
“It is all clear with Kuchma,” Podolsky went on, “Pukach called him the mastermind of Gongadze’s murder. However, he has not even been subpoenaed to court as a witness in the case. But Americans have paid attention to this vivid example of double justice and are now trying to find arguments for this fact. So to say, you say you are champions of the law and you want to enforce the law in the country, then why have you practically forgiven Kuchma? For example, Tymoshenko is in jail, whereas Kuchma is living freely, goes hunting, visits routs, and his family is a sponsor to various events.”
Nonetheless, the consideration of this question at the hearings of the Helsinki Commission is proof that the said sensational cases can get a second wind. The Americans have taken even greater control of the case. “Rumor has it they are going to invite me,” says Podolsky, “If it happens, of course I will go and present new data in all of these criminal cases. For example, I will tell the American lawyers about all the wonders connected with Kravchenko’s murder, fingerprints, traces of explosive gases, i.e., the evidence that is on the surface of the case, and let them make the conclusions. I will for sure tell about Judge Melnyk who falsified the Yeliashkevych trial. I have also said that one can get Kuchma only by way of investigation. When they start investigating the falsification of the said cases and who committed the crime, all the names of masterminds we call ‘Podolsky list’ will come to light. And I will provide them with the information about this list, too. Of course, Kuchma’s side will be watchful. As always, they will do anything to whitewash the image of the ex-president. That is the reason why, if I have such opportunity, I will hold a press conference in the US.
