I understand that in Ukraine there is not declared war today that the sovereignty and territorial integrity of the country is under the threat. I accurately realize the level of the kindled mutual hatred and hostility between Ukrainians and Russians–it is unfortunately explainable and natural owing to the mass of factors. However, thus I understand that the common sense shouldn't abandon us even in such severe conditions in which we are today, differently it threatens with irreparable consequences.
On February 10 in Nikolaev the staff of SBU detained the citizen of Ukraine Andrey Zakharchuk working as the journalist in St. Petersburg. On February 11 to it declared suspicion in commission of high treason. On February 12 the investigative judge of the Central district court Dmitry Tishko issued the decree on arrest of the journalist for a period of 2 months–till April 11.
Many agree on thought that if law enforcement authorities get on someone criminal proceedings, declare suspicion and detain, so the person is guilty–the smoke after all without fire doesn't happen. And it is laudable that our Security service of Ukraine watches and watches everything that can do harm to safety and an order in our country. But in this situation, it seems to me, children overdid. Let's understand.
According to data of a consequence, 25-summer Andrey Zakharchuk in January of this year arrived to Ukraine as the journalist on the instructions of edition of Federal news agency–at first I was in Kharkov, then in Kiev and Odessa then arrived to Nikolaev. According to the father the suspected Vasily Zakharchuk, Andrey works as the journalist in the edition «Nevsky news» , where always I wrote articles only on subjects of sport, culture and public life of St. Petersburg. By the way, when we learned that the Russian journalist suspect of high treason, we visited the website «Nevsky news» and on search with a tag «Andrey Zakharchuk» , looked, what materials are published under his authorship–in the majority it was sport. It also surprised us.
The father of the journalist says that FAN agency started the project of illumination of life in Ukraine recently and Andrey's business trip was in collection of information how today there live people in Hugo's cities - the East with poll about a situation in the east of the country. Goodness knows–the agency really has propaganda character and obviously justifies terrorism on Donbass. However, Vasily Zakharchuk in the courtroom showed us article of the son following the results of a trip to Odessa–anything special, the reporting that inhabitants of Odessa have patriotic sentiments on rise with the remark that Putin Hayat not as in other cities of Ukraine here today. Also explains it Andrey to that inhabitants of Odessa–the people such that if only trade went, based on conversation with locals. Generally, anything shameful.
We listen to the prosecutor–he reads to court the petition of investigative department of Management of SBU in the Nikolaev area with a request to arrest the journalist. Begins with that on January 27 this year the Verkhovna Rada of Ukraine recognized Russia as the state - an aggressor. The second proceeding condition–article 65 of the Constitution of Ukraine: «Protection of the Homeland, independence and territorial integrity of Ukraine, respect of its state symbols is a duty of citizens of Ukraine. Citizens pass military services according to the law». After that the conclusion moves:
«So during armed conflict in the east of Ukraine in January, 2015 the citizen of Ukraine Andrey Zakharchuk, working for the Russian FANS news agencies and «Nevsky news» , violating requirements of article 65 of the Constitution of Ukraine andrealizing that is in criminal communication with the state - an aggressor, on purposeproviding to it the help in conducting subversive activities against UkraineI gave photographic materials for false covering of events in Ukraine and kindling of separatist sentiments in Ukraine. The specified news agencies are propaganda, that is such which cover events in Ukraine, overwinding the facts, providing inveracious sheets.
On February 10 Zakharchuk,working deliberately for the purpose of transfer of sheets to the state - to an aggressor of the Russian Federation about the strategic objects located in Nikolaev, their equipment and technical condition, and also activity of defense industry in the Nikolaev area, deliberately I collected information by photography by the NikonD700 camera of buildings of the Nikolaev shipbuilding plant of a name of 61 Communards and the Nikolaev armored plant.
The made pictures on which placement of the Nikolaev armored plant is visible, Zakharchuk transferred to representatives of the state agency of the Russian Federation for the purpose of creation and placement in the Russian mass media of publications with propaganda andthe anti-Ukrainian covering of events in Ukraine, carrying out Anti-terrorist operation, in particular,technical condition of the Ukrainian defense industry and possibility of opposition to illegal armed groups in the east of Ukraine, therebycreating threat of national security of Ukraine in information and military spheres».
Proceeding from it, the prosecutor added that Andrey Zakharchuk «it is reasonably suspected» in commission of high treason.
The statements highlighted in bold - quite serious charges, and, respectively, have to be supported with rather strong evidential base. However, from this, that the prosecutor listed, the impression that actions of the guy strongly is made «pulled» under article.
«Zakharchuk's suspicion in commission of the specified criminal offense is confirmed by the following materials of criminal proceedings:
- The act of voluntary delivery of subjects by Zakharuk to investigative department of Management of SBU in the Nikolaev area: camera, laptop, mobile phone, tablet and another.
- Correspondence in the laptop which confirms its belonging to the Russian FAN news agency as the journalist and the performer of tasks of the editor of the specified news agency concerning placement of different objects of the industry in the territory of Ukraine.
- The protocol of survey of the camera of February 12, 2015 according to which on the camera photos of bridges, plants in Nikolaev, and also other pictures taken in Kiev, Kharkov and Odessa are revealed.Besides, the photo in which the office building in the city of Kharkov which the tent faces is represented is revealed is yellow - blue color.
- The protocol of carrying out secret investigative actions according to which the fact of belonging of Zakharchuk to the Russian news agencies is confirmed.
- The FAN is published on the website article «The Kharkov emigrants are going to give battle to the banderovshchena» , the photo to which is identical to that which is revealed on Zakharchuk's camera. The specified article contains the bent information on events in Kharkov, and also appeals to overthrow of the Ukrainian power contain.
- The protocol of interrogation of the witness Tkachenko of February 11, 2015 which specified that really on February 10 he saw the person who held the camera and made photographing of the internal territory of plant, equipment and office buildings then he was detained by security guards of plant for clarification of circumstances.
- Protocols of interrogation of witnesses Chebotar and Rabinovich of February 11, 2015 who gave analogical evidences to indications of the witness Tkachenko».
One after another. The first point confirms only that Andrey Zakharchuk has a laptop, the tablet, the camera and the mobile phone. The second and fourth points confirm that Andrey Zakharchuk works as the journalist. The third point partially confirms that in Ukraine Andrey Zakharchuk photographed in the cities where it was, and partially together with point 5 that it transferred the photo of an office building in Kharkov to edition of Federal news agency. Point 6 and 7 is said that to performance of the professional duties by Zakharchuk, that is photography, there are witnesses.
Whether from all this points 3 and 5 are more less essential. Really, mI ateriat about the Kharkov supporters «DNR» the obviously propaganda. However, there are no confirmations that Andrey Zakharchuk wrote it. On the site article is signed by a certain Sergey Bendin, material was obviously written in Moscow as the persons giving interview are in the capital of the Russian Federation. Besides, the SBU ogulno without any expert conclusions undertakes to claim that article contains the bent information on Ukraine, however the unaided look visible that all material is based in words people who theoretically could such speak.I too repeatedly took comments from Putin's supporters–what to do if they claim that claim and give such estimates to the Ukrainian government. I simply didn't publish them, and the Russian news agency opposite. But in what here Zakharchuk's wine, what took his photo for an illustration of material in which Ukraine moves in negative light?
In this sense quite truly I noticed during court session the journalist's lawyer: «In this case there is an editor who edits all these articles, that is the person who took pictures, in no way can't affect the end result and as, in what look, they will be published on the site».
What does the suspect speak?
«Those photos about which the prosecutor speaks–it only 1% of all photos, and majority of photos–these are art photos which show Ukraine in the best light. But they why - that aren't filed…About Nikolaevsk armored plant I learned only in day of my arrival to Nikolaev. I asked the man to call at least one working enterprise in the city, to me told that it is armored plant, and I arrived. There are no photos from a courtyard–it is a lie. Fence four-meter, and my growth–1 metr80 centimeters how I can photograph a courtyard? I wanted to photograph armored plant with a binding of that it identifies as armored. I couldn't even think that it is strategic object or still that such».
The judge Tishko took an interest, whether Andrey took permissions to photographing the building of armored plant from someone. The journalist answered that there anywhere he didn't see designations that the plant is forbidden to be photographed. It is necessary to add that to photograph in open public places which the street is, without any permissions it is directly authorized article 307 of the Civil code of Ukraine. What there to say already that photos of internal premises of the Nikolaev armored plant and a set of pictures with the most military equipment at this enterprise at one inquiry it is possible to find hundreds in Google.
- There is a picture: a piece of a wall, further some boxes, and as I understand, part the armored personnel carrier, - the judge continued.
- Yes, I tried to remove the whole armored personnel carrier, but at me didn't leave, and everything, I was developed and left. Once again I emphasize, I didn't send these photos to Russia, and any this photo of strategic objects wasn't published in the Russian mass media, - Zakharchuk answered.
The decision of SBU and court in the this case showed big risks for the Ukrainian citizens. For «criminal communication with the state - an aggressor» it is possible to accept today anything. For photos in open access of armored plant, plant of a name of 61 Communard, Ingulsky Bridge in the downtown it is possible to attract weight the Internet today - editions, ordinary Internet users and Google in general–why we show to the state - an aggressor all our strategic objects?
Article 111 of the Criminal code of Ukraine «High treason» - the very heavy. The punishment prescribed by this article - from 10 to 15 years of prison and without any other options. And, apparently, the SBU and court can't put the journalist behind bars, but then than we will be better than that Russia where for the slightest actions against the power of people recognize as extremists and send to prison. Than we then it is better?
Media - the lawyer of Institute of mass information Maxim Ratushny on my request to give the assessment to the this case, I noted that law enforcement authorities in this case quite freely treat article «High treason».
«From the objective party high treason can be realized in three forms which are directly defined in the text of article 111 UK of Ukraine:
- Transition to the party of the enemy in the conditions of the martial law or during armed conflict;
- Granting to the foreign state, foreign organization or their representatives of the help in carrying out subversive activities against Ukraine.
The considered situation doesn't concern at all the first form of the objective party of high treason because for this purpose the journalist would need to arrive specifically on service in certain military or others formation hostile the states. And the fact of revenues to service and concept «would be key hereenemy state» - on the basis of the recognition of Russia by the country accepted by the Verkhovna Rada - an aggressor. However in the absence of the declared war possibility of realization and the acceptability of use of concept «is unclearhostile state».
As for the second form of high treason–espionage, here it is impossible to confuse to espionage punishment for which is prescribed by article 114 UK of Ukraine where the foreigner or the stateless person can only be the subject of a crime. In the same case there are no questions to possible cooperation with the foreign organizations (where also the Russian mass media, for example get), but the most important is what it is necessary to collect and/or transfer the data which are the state secret. Concerning that, there were such data among the withdrawn information from equipment of the journalist, is meanwhile the unknown in the absence of the facts on business.
In addition, the situation at first sight considered doesn't concern the last form of the objective party of high treason in any way - granting to the foreign state, foreign organization or their representatives of the help in carrying out subversive activities against Ukraine as in the described actions of the journalist Zakharchuk there is no hint on such actions which had nature of subversive activities. There are no facts of such activity aiming at undermining safety of Ukraine - economic, defensive and so on.
However the consequence nevertheless defines the fact of collection of information for the Russian media as such which directly harms to safety of the country, referring to that collected materials can be used in the propaganda purposes, as will cause national danger to the country in the information and military sphere. This rather free interpretation of one of possible actions for the purpose of subversive activities which can finish new practice of application of article 111 UK of Ukraine to the point of absurdity».
The editor-in-chief of Federal news agency Vladislav Krayev confirms that edition was aware of Andrey Zakharchuk's trip to Kiev.
«Before its departure we agreed that it will collect and will write some materials about that, as well as than there live now simple Ukrainians of what think and speak as belong to the events in their country and round it to events. Edition didn't charge any tasks connected with military or defensive subject to it. Andrey didn't plan to go to Donbass or to a zone of carrying out anti-terrorist operation» , - I declared Edges.
On the site the FAN Andrey Zakharchuk is published under Andrey Lyashchev's pseudonym.Words of his editor-in-chief really are confirmed by Andrey's reportings which he managed to publish to detention: «Dnepropetrovsk doesn't trust the power and hopes only for itself» , «Odessa hopes to remain over fight» and others. Surprisingly, but I as the journalist, I don't see anything in them criminal and propaganda–poll of local population, the photo of streets of the cities and that on them occurs.
The journalist's father Vasily Zakharchuk in the courtroom told me that their family–it is a family of the Ukrainian patriots, and Andrey–not exception. According to him, his son grew up and studied in Dnepropetrovshchina, and a few years ago went in St. Petersburg to look for work. At first I settled the waiter, but always I wanted to be the journalist - here and I became.
«He on the contrary always when wrote about Ukraine, tried to smooth acute angles not to kindle any hostility. He told how his editor wanted to send for some anti-Ukrainian action that he about it wrote, but he refused, having told that it is provocation against Ukraine. I read its articles, I don't know that there such found…» , - the father of the arrested journalist speaks.
It is necessary to add that in any game the main thing–not to play. I don't know, what motives was guided by SBU therefore we received almost same shameful history as with Nadezhda Savchenko–whether excessively patriotic feelings, whether work on indicators. Unclear also the decision of the judge Dmitry Tishko who, is remembered, to the resident of Nikolaev Konstantin Kovalyov preparing act of terrorism on the Victory Day I appointed a measure of restraint in the form of house arrest, therefore he ran away to Donbass. Decided to improve, but chose not that case?
And if at first the Russian propagandists invented fantastic stories about awful «Ukrainian fascists» and the bad new Ukrainian power, today we it isn't known why we supply them with such stories–only difference that the quite real.
There is a wish to believe that the sensible mind will return and our vigilant law enforcement agencies will reconsider case of the citizen of Ukraine Andrey Zakharchuk–still there is time to correct an error.