So, Zakharchuk's lawyers after judge of the Central district court of Nikolaev Dmitry Tishko on February 12 I decided to arrest Andrey Zakharchuk, his lawyers made the complaint in Appellate court about this decision.
The complaint was considered by board of judges under the chairmanship of the head of court Alexander Rzhepetsky. Protection of the journalist was already represented this time by two lawyers Evgeny Davydenko and Valentin Rybin. The last began the speech in court with words that the bredovy charge, the more difficult to be protected from it.
Initially he noted that the petition of prosecutor's office for Zakharchuk's arrest is insolvent as, in - the first, to it it wasn't attached any document and the proof to which the investigator referred in the petition–and it as declared, the lawyer, direct violation of standards of article 184 Criminal Procedure Code of Ukraine. In addition at paperwork the consequence made the mass of mistakes.
- The investigator by drawing up the petition for election of a measure of restraint distorted and forged proofs. For example, the protocol of interrogation of the witness Chaban dated on February 21, 2015–the protocol with date which else isn't present in the history. Besides, I want to notice that the detention of Zakharchuk happened to violation of the law, namely parts 5 of article 208 Criminal Procedure Code which specifies that the person which detained other person has to make the protocol, sign this protocol and hand its copy to the detained person. I can provide the protocol which was received by my client–any signature of the investigator, witnesses and other persons who were taking part in detention, - were marked out by the lawyer Rybin.
Then the defender of the arrested journalist passed to an essence of the business and suspicion.He declared that in principle these criminal proceedings on suspicion of the journalist Andrey Zakharchuk in high treason have no future and won't come to court.
- The suspicion isn't proved at all as the investigator made legally worthless conclusions concerning Zakharchuk's actions, - were emphasized by the lawyer.
On its arguments, the fence and the building of the Nikolaev armored plant is object for a look of hundreds and thousands of people who pass and pass by it, and in the Ukrainian legislation there is no norm which would forbid it to photograph.
It should be noted that Valentin Rybin's speech lasted more than 15 minutes, then the representative of the state charge prosecutor Anatoly Titus who conducted scandalous «vradiyevsky business» , even I didn't take to myself the floor. He acted only within debate during which recognized, that the pictures made by Andrey Zakharchuk in Nikolaev aren't anything special.
- I want to note only that Andrey Zakharchuk, being the journalist of the Russian news agencies, staying in Ukraine why - that when there takes place Anti-terrorist operation when there is a war actually in the east of Ukraine, journalists of the Russian Federation are interested in objects of a strategic importance–these are bridges, these are objects oboronno - an industrial complex. As for pictures which, probably, special aren't anything, but why to remove the bridge nodal pictures close ups? It will be proved during a pretrial investigation and at the termination the assessment will be given, - Anatoly Titus declared.
According to him, the judge Tishko made the correct decision that arrested the journalist, and asked court not to cancel this decision, and to uphold it. The lawyer Rybin, in turn, referring to a number of violations during detention of the journalist, and also at his arrest, I asked judges to cancel Dmitry Tishko's decision and in principle to refuse to the investigator and prosecutor's office election of a measure of restraint Zakharchuka in view of insolvency of the suspicion which is put forward to it, in principle.
As a result of the judge of Appellate court of the Nikolaev area, having conferred, made the decision to listen to the prosecutor and rejected in full appeal complaints of lawyers of Andrey Zakharchuk, having upheld the decision on arrest till April 11, 2015.
The journalist's father Vasily Zakharchuk who was present at a meeting declared that as it is impossible to appeal against the decision of Appellate court, they intend to address to the European Court of Human Rights now.
We will remind as earlier it was reported, 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 investigative judge of the Central district court Dmitry Tishko I issued the decree on arrest the journalist for a period of 2 months–till April 11.
Zakharchuk was detained after he photographed the building of the Nikolaev armored plant, Ingulsky Bridge and Shipbuilding plant of a name of 61 Communards. All these objects is strategic, to the journalist from here impute transfer photos about an arrangement of these objects to the Russian Federal news agency, work on the state - an aggressor and other.
However Andrey Zakharchuk claims that arrived to Ukraine to write reportings on life of ordinary people in the different cities - on the site the FAN really is publications Andrey about Odessa and Dnepropetrovsk in which how Ukrainians treat a situation in the east of the country, and what their today's position is described.
