Police refuse to open case after journalist complains about court’s outrage

The Pechersk district police department in Kyiv did not open the criminal proceeding over obstructing the work of journalists in the court. The resentful journalist challenges the inaction of the police officer and complains about the “court’s outrage.”

Journalist of the Human Rights Information Centre Mykola Mirnij filed the report to the police after he had found out from the register of judgments that the panel of judges had conducted the public hearing on September 30. Although, before the court hearing, court secretary Kateryna Pohorelaya told the journalist that the trial would be considered within written proceedings.

“It was a high-profile case on the lawfulness of electing Volodymyr Babenko, involved in three criminal cases, as head of the Court of Appeal of Cherkasy region for the third time in a row. When the judges had found out that a journalist would be present at the meeting, the secretary came to me and said twice that there would be no court hearing and the case would be examined within writing proceedings,” the journalist said.

The journalist is indignant at obstruction of performing his duties and describes such actions in the court as “the court’s outrage.”

“I witnessed that obstruction of gathering of information at the level of district courts is reality. But I could not foresee such “court’s outrage” in Kyiv, furthermore at the level of the appellate court,” Mirnij says.

The journalist found out that police inspector Stanislav Onoshko, whom he filed the report on offense to, did not enter the information into the unified register of pre-trial investigations, as required by the Code of Criminal Procedure of Ukraine.

Media lawyer at the Institute of Media Law Maksym Dvorovyi says that pursuant to Part 1 Article 214 of the Code of Criminal Procedure of Ukraine, the report of the journalist had to be registered not later than 24 hours after the receipt.

The journalist calls on his colleagues not to tolerate the violation of their rights and to challenge the illegal actions of the officials, as the sense of impunity will lead to new offenses.

“The journalists should unite and defend their rights. This should be done first and foremost for the sake of other colleagues. If the judges see that the journalists are as silent as lambs, they will continue to obstruct the performance of their duties,” Mykola Mirniy says. He also adds that the Regional Press Development Institute and the Independent Media Trade Union of Ukraine provide legal aid in such cases.

The journalist challenges the inaction of the police officer in the Pechersk district court of Kyiv.

The case on appeal against election of Volodymyr Babenko as the head of the Court of Appeal of Cherkasy region was considered by judges Iryna Saprykina, Olena Karpushova and Mykhailo Kobal.

As reported, the Kyiv Administrative Court of Appeal violated the right of judge of the Court of Appeal of Cherkasy region Serhiy Bondarenko to participate in the hearing.