You're reading: Killer Kuchma?

The charges against ex-President Leonid Kuchma are strange: He is not accused of murder, but with ‘exceeding his authority’ in giving orders that led to the 2000 murder of journalist Georgiy Gongadze.Why now? What’s the end game?

If the investigation into ex-President Leonid Kuchma’s alleged role in the 2000 murder of journalist Georgiy Gongadze is genuine, Ukraine is likely to be roiled for months to come with one sensational allegation after another.

But will the truth emerge in the end, or will the mysteries of more than a decade only deepen?

Prosecutors on March 24 charged Kuchma with “exceeding authority” in giving orders that led to Gongadze’s murder and hauled him in for questioning three times in the last week. They also didn’t rule out upgrading the charges to murder after the investigation is completed. Kuchma has always maintained his innocence.

However, the motivation of law enforcers is hotly debated. Questions are also raised about the ability of the courts, prosecutors and police to sort out a case that has been tangled for nearly 11 years by stonewalling, political interference and cover-ups.

From left, former President Leonid Kravchuk, former President Leonid Kuchma and Verkhovna Rada speaker Volodymyr Lytvyn watch a football match on March 29. (Maks Levin/LB.ua)

Some believe that President Viktor Yanukovych must have given prosecutors permission to file the charges, noting widespread suspicions that Prosecutor General Viktor Pshonka is politically subservient.

Those suspicions are fueled by Pshonka himself, who – after Yanukovych appointed him to the powerful post last year – described himself as a loyal member of the president’s team.

If Yanukovych is, indeed, calling the shots, what ends will he seek?

Some speculate that a script has already been written in which the final scene is Kuchma’s exoneration in an attempt to, once and for all, remove the cloud of suspicion that has hung over the 72-year-old former head of state.

There is also speculation running the opposite way. According to this line of thinking, Yanukovych wants to punish Kuchma for at least two reasons: for not breaking up the 2004 Orange Revolution that denied Yanukovych the presidency then, and to show the West that nobody – not even an ex-president – is above the law in Ukraine.

If, however, Yanukovych is behind a criminal investigation that is genuinely seeking the truth, he could unleash powerful and unpredictable political clashes in the nation that could backfire on him.

For example, in charging Kuchma, prosecutors said they would consider audiotapes made by former Kuchma bodyguard Mykola Melnychenko as “material evidence.”

On them, Kuchma purportedly orders subordinates to “take care of” Gongadze in the context of a discussion about how to silence the journalist whose articles and comments had irritated high-ranking members of the Kuchma administration.

But Yanukovych and many other officials are reportedly also implicated in alleged crimes on the Melnychenko tapes. All deny wrongdoing.

Ex-Security Service of Ukraine chief Leonid Derkach

The subject of how to silence Gongadze came up more than once on the recordings and allegedly involved other senior officials, including ex-Security Service of Ukraine head Leonid Derkach, current speaker of parliament (and then Kuchma chief of staff) Volodymyr Lytvyn and ex-Interior Minister Yuriy Kravchenko.

Kravchenko is purportedly heard on the Melnychenko tapes on July 3, 2000 telling Kuchma “we’re on top of it” in response to the president’s request for an update on the situation.

Kravchenko, a close Kuchma ally, died from two gunshot wounds to the head on March 4, 2005, the day he was supposed to give testimony in the case. His subordinate, General Oleksiy Pukach, has been jailed for two years awaiting trial after allegedly confessing to carrying out Gongadze’s murder and reportedly implicating Kuchma and Lytvyn.

In 2008, three Pukach subordinates – Mykola Protasov, Oleksandr Popovych and Valeriy Kostenko – were convicted for their roles in Gongadze’s kidnapping and murder. They are serving prison sentences of at least 12 years.

Memories fade, witness testimonies change or become biased after reading news reports about cases.
Bohdan Futey, a U.S. federal judge, about the perils of re-opening cases

Now, with the charges against Kuchma, former high-ranking officials are being called in for questioning as never before.

On March 31, prosecutors questioned Yevhen Marchuk, a former prime minister who served as secretary of the National Security and Defense Council at the time of Gongadze’s murder.

Derkach, the former SBU head, was called in for questioning. So was Viktor Medvedchuk, Kuchma’s chief of staff from 2002-2004.

While 55 Ukrainian experts recently polled by think tank Democratic Initiatives believe that justice isn’t the motive behind the case against Kuchma, prosecutors also have to contend with the lapse of time.

“Memories fade, witness testimonies change or become biased after reading news reports about cases,” said Bohdan Futey, a U.S. federal judge, about the perils of re-opening cases after a long period of time.

The case has been repeatedly undermined by political interference, misleading and often false statements by previous general prosecutors and investigators and a lack of political will.

One of the more ludicrous episodes, documented in a 2001 report to the Council of Europe, involved prosecutors’ attempts to pin the Gongadze murder on “Cyclops” and “Sailor,” two mysterious organized crime figures.

That gave Kuchma and other top officials an opportunity to declare the case solved. Not only did nobody buy the explanation, such a ridiculous claim only fueled suspicions of Kuchma’s involvement.

Renewed hope in solving the case may come from the Melnychenko tapes, which could refresh people’s memories. It also could implicate many in the current political establishment for alleged crimes heard on the recordings from 1998 to 2000, including Yanukovych.

According to the disputed tapes, the 1999 presidential elections were falsified, the 2001 criminal case against Tymoshenko was political, Kuchma bought votes from the Communist Party in parliament, a Donetsk lawyer was thrown in jail on a fabricated case, and Kuchma and current Prime Minister Mykola Azarov covered up massive embezzlement of state assets.

Moreover, harassment of journalists – including TV channel STB – was reputedly orchestrated by top officials. Azarov has always denied wrongdoing.

The tapes feature a voice resembling Kuchma’s telling Azarov to order every local tax authorities to pressure the heads of municipal governments to “give votes.”
“Tell them – either you go to jail or you provide votes,” Kuchma allegedly said to Azarov, who then ran the tax administration.

The former president also allegedly spoke to Interior Minister Yuriy Kravchenko on the same matter and allegedly asked him to mobilize heads of local police departments.

The recordings highlight the role of Azarov who, under Kuchma, reputedly abused his position by going after businesses who were not loyal to the administration.
Our Ukraine member of parliament Yuriy Hrymchak has asked the general prosecutor to investigate Azarov and Yanukovych.

In one alleged conversation with then-Donetsk governor Yanukovych, Kuchma asks him to “deal” with a judge who refused to obey their instructions on a case he was hearing involving lawyer Serhiy Salov.

Salov had represented Oleksandr Moroz, the Socialist Party leader who put up a respectable challenge to Kuchma in the 1999 presidential election. Salov was given a five-year prison sentence.

Kuchma allegedly was heard telling Yanukovych “you should take this judge, and hang him by the balls, let him hang for one night.” Yanukovych reputedly replies: “I understand. We will look into it.”

Speaking of judges in general, Yanukovych supposedly tells Kuchma: “They are scum. The court’s chairman is not reliable. It is necessary to replace him.”
On 23 March, Salov demanded that his case be added to the Gongadze murder trial.

“Probably without even realizing it, the people in power let the genie out of the bottle by acknowledging the recordings as evidence,” Salov told Donetsk newspaper Komentarii.

Yanukovych’s press service refused to discuss the authenticity of this conversation specifically, saying: “Most important is that justice is met and the cases are solved.”

Other figures that reportedly appear on the tapes include ex-Prosecutor General Mykhailo Potebenko, who allegedly played a role in helping to cover up Kuchma’s connection to Gongadze.

According to one alleged recording, former SBU chief Derkach told Kuchma that Azarov was abusing his position as tax chief for personal enrichment. Other tapes also allegedly feature Kuchma and Azarov talking about fomer state gas monopoly chief Ihor Bakay stealing large amounts of money. Bakay could not be reached for comment.

“I told him [Bakay] – ‘Ihor, you have placed in your pocket at least $100 million. I give you two weeks, a month at most…Destroy all these documents…You did everything stupid and foolishly,’ Azarov allegedly tells Kuchma.

Another alleged conversation involves Yanukovych complaining to Kuchma that payoffs to Communist Party members aren’t working out.

To have tapes legalized the general prosecutor would have to open case against Melnychenko, investigate the tapes and question Melnychenko. Then the case should have headed to court and a decision should have been made to justify or not justify Melnychenko`s actions. If Melnychenko is justified, this would legalize his tapes.
– Valentyna Telychenko, Myroslava Gongadze`s lawyer

“We burned our fingers several times. We were fooled by the communists. They take money and then do everything vice versa. Can you imagine that?” he allegedly complains to Kuchma.

Another case involves immense pressure on the STB television channel that, according to the recordings, was orchestrated by Kuchma. The former head of STB and now manager of TVi channel, Mykola Kniazhytsky, said he is considering suing Kuchma if tapes are used as evidence in Gongadze case.

“There was immense pressure on us [during Kuchma times] with assassination attempts, office bugging and robbing of my cabinet. Because of death threats, I had to live in [member of parliament] Roman Zvarych’s apartment to protect my life,” said Kniazhytsky.

In an alleged conversation on the recordings, Kuchma also reputedly said STB president Oleksandr Sivkovych had to be “destroyed, without a doubt.”
Most experts, however, agree the recordings are unlikely to be used as evidence in court.

“First of all they were obtained illegally and thus, according to the law, cannot be used as evidence,” said Oleh Musiyenko, Pukach’s former lawyer.
Myroslava Gongadze`s lawyer Valentyna Telychenko said the recordings were never legalized.

“To have tapes legalized the general prosecutor would have to open case against Melnychenko, investigate the tapes and question Melnychenko. Then the case should have headed to court and a decision should have been made to justify or not justify Melnychenko`s actions. If Melnychenko is justified, this would legalize his tapes,” Telychenko said.

Telychenko said the court is most likely to dismiss tapes as evidence, leaving only Pukach`s testimony as the sole evidence implicating Kuchma, not enough to prove his guilt, she said.

Criminal defense lawyer Ihor Cherezov disagrees.

Cherezov said a case can be built based on Melnychenko’s testimony. Investigators can also offer immunity from prosecution to other key witnesses in exchange for their testimony.

Some Party of Regions members say Kuchma will be convicted.

Some experts think that charging Kuchma with a crime involving Gongadze’s murder was a good public relations move and “killed many rabbits with one shot,” as OleksiyHaran, a political science professor at Kyiv Mohyla Academy put it.

“They demonstrated to the West that there is justice in Ukraine, distracted the media and general public from the current economic crisis, surprised some Ukrainian voters and put pressure on Victor Pinchuk [Kuchma’s billionaire son-in-law],” Haran said. “And all that by just opening a case against Kuchma.”

Kyiv Post staff writers Svitlana Tuchynska and Mark Rachkevych can be reached at [email protected] and [email protected].