Today’s verdict was not unexpected given
the cynicism with which this trial has been run, but profoundly disturbing
given the absurdity of the charges and the lack of any evidence.
Two deputies of the Vasylkiv Town Council
– Ihor Mosiychuk and Serhiy Bevz, and fellow member of the far
right organization “Patriot of Ukraine”, Volodymyr Shpara have been found
guilty of planning to blow up the [already dismantled] monument to Vladimir
Lenin in Boryspil on Independence Day in 2011, planning a terrorist act and
illegal use of weapons and explosives. They are also supposed to have called
for the overthrow of the constitutional order.
Even if all the supposed evidence which
the men say was planned is deemed to have been authentic, there is simply no
proof of anything except the men’s “Patriot of Ukraine” affiliations.
A phone call intercepted by the SBU
[security service] makes it quite clear that the men knew that the Lenin
monument had been dismantled, and therefore that the SBU knew that they
knew. Why they should have plotted to blow up a non-existent monument is
anybody’s guess. Why the SBU should have persisted in accusing the men of
such idiotic behaviour has, unfortunately, become clear today. Judge
Burbela paid no heed to the surreal nature of the impugned plot, evidence
corroborating the men’s claims that the material evidence had been planted, and
multiple procedural infringements.
In searches of the men’s workplace, homes
and a hostel where Bevz was registered, but did not live in August 2011, the
SBU allegedly found:
2 leaflets, one of which the men acknowledge was theirs and one which they say was
planted. The latter expresses determination to eradicate all monuments to
Ukraine’s totalitarian past. The view that this includes all monuments to
Lenin is shared by very many Ukrainians who dislike the men’s
organization. The disputed leaflet ends with a threat to turn their “righteous
anger” against the president, Viktor Yanukovych if he does not comply with
their demands to totally destroy all monuments to the totalitarian past, and a
call to “patriots” to unite in acts of disobedience and to learn about military
and explosives issues. This was not found even by the specialists called
in by the SBU to contain any call to commit an act of terrorism or overthrow
the constitutional order.
A “bomb” which the men are adamant was
planted, and which did not hold any fingerprints or DNA traces of the accused.
The investigators refused to ascertain who the fingerprints found on the
alleged bomb did belong to. This purportedly dangerous explosive device was
carried out of the flat by an SBU officer without any precautionary measures,
and without explosives experts having been called in. It was later
destroyed during an examination making it impossible to check whether it had in
fact ever contained explosives.
Details about the other “evidence” in this
flawed case can be found at Dismantled Lenin Monument
makes Vasylkiv terrorist trial a farce
All three men have been in custody for 2
years already and today’s sentence, if not overturned at appeal level, could
mean that they spend another four years in prison. The cynicism demonstrated
thus far makes it hard to be optimistic about the chances for a just ruling in
any domestic court. The violent confrontation on Friday evening may well
be part of a plan to radicalize opposition, with any crackdown then seemingly
forced upon the authorities. This case has, from the outside, appeared to
have been in fulfilment of a political order. This is only confirmed by
today’s court ruling convicting men of plotting to commit an act which was
known by all parties to be impossible.
Halya Coynash is a member of the Kharkiv Human Rights Protection Group and this article can be found here.
