Audio recording with threats to Cherkasy judge on ‘Firtash case’ released

Facebook user Roman Maselko released an audio recording, on which a voice, probably belonging to Head of the Court of Appeal of Cherkasy region Volodymyr Babenko, in a conversation with judge of the Court of Appeal of Cherkasy region Serhiy Bondarenko warns him against delivering lawful judgments.

“You showed great disrespect for me and the staff… I take it that you’ve declared the war against me. All normal people somehow understand, there are some cases, we will help if we can help. If we cannot help, we sit down, think, and tell people that nothing will be done in such a case. But doing a little nasty secretly… You did not me a lot of harm, you did all of us a lot of harm. Go then, negotiate with him in the hall, f***, on all the rest … You’ve made your move. If you have expressed your contempt of us, you won’t get away with it… There are really some moments which you have to examine and to think how to do it correctly. You say, ‘No, no way. If someone asks the leadership, then that’s his problem,’… I’ve done nothing bad to you in your life, I’ve asked you two or three times already, ‘Dear Serhiy, you are the judge, you are in our staff. I told you who appeals to me. Please, examine what can be done there.’ You do not come to me deliberately and deliver a judgment against the people I’m talking about. I’ll say nothing to you next time. I will not say on purpose. Then we’ll see how it would end. I will even help, you know. I will not tolerate such an arrogant attitude to me. Please, make up your mind what you want. If you do not like our staff, or me personally, you can transfer or resign. But I won’t allow you playing mean tricks,” he said in a recording, made public by Roman Maselko.

The court in the village of Oleksandrivka, Kirovohrad region, considered the complaint, filed by Serhiy Bondarenko, against the decision of deputy head of the investigative department of the Prosecutor’s Office of Cherkasy region Vyacheslav Zhykharev to close the criminal proceedings under Part 2, Article 376 of the Criminal Code of Ukraine (interference in the work of the court).

The Prosecutor’s Office in its investigation did not take into account the CD with audio recording of judge Serhiy Bondarenko, on which, according to the judge, it is allegedly heard how Volodymyr Babenko threatens to change supervision of the judge for refusing to announce the judgment before its delivering and utter threats to Serhiy Bondarenko for refusal to deliver unlawful judgments.

During the court hearing, Serhiy Bondarenko reported on systematic pressure on him following the refusal to deliver unlawful judgments, in particular in the case of PJSC Azot company belonging to oligarch Dmitry Firtash. This company tried to evict Cherkasy teacher A.A. Yashan from service building. According to Serhiy Bondarenko, the decision in favor PJSC Azot would allow the court receiving a free hall for celebration the Day of the Court at the Palace of Friendship of Peoples.

Judge Serhiy Bondarenko noted that the Prosecutor’s Office of Cherkasy region had not checked the fact of belonging to PJSC Azot of the car, which was regularly used by Head of the Court Volodymyr Babenko. According to lawyer Oleksiy Chubyn, the Prosecutor’s Office questioned the Head of the Court on this issue only on two paragraphs of the text.

In addition, the judge reported on interference in his work as a judge by the leadership of the Court so that the litigation participants would have the reasons for filing complaints against Serhiy Bondarenko to the High Qualification Commission of Judges of Ukraine. In addition, an aide to the judge was not appointed for a long time, then the aide was not provided with a workplace with appropriate computer equipment, the D-3 program was not installed, the statement, inquiries, and memoranda were not registered, the leadership refused to print the technical records, the judge was not given vacation days in full and so on.

During the court hearing, prosecutor Vyacheslav Zhykharev insisted that it was impossible to refer to Article 376 of the Criminal Code of Ukraine. He considered that the facts, named by judge Serhiy Bondarenko, rather related to the shortcomings of the court’s work.

Chairperson of the Council of Judges of Ukraine Valentyna Symonenko said in a commentary to Human Rights Information Centre that she “will listen to the recording and then we will probably intervene in the situation.”

Judge of the Oleksandrivsky District Court Olha Otyan sustained the complaint of judge Serhiy Bondarenko and repealed the resolution on the closure of the criminal proceedings.