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NABUgate case: detectives forbade lawyers who were wiretapped from disclosing information to the media

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Kyiv lawyers, whom NABU considers "the most influential in the country" and whom detectives wiretapped in 2023, stated that the leadership of the National Anti-Corruption Bureau wants to prohibit them from discussing the case in the media. According to the lawyers, the NABU leadership indicated the corresponding narrative in the summonses recently sent to their address, UNN reports.

According to the lawyers, the detectives' actions are related to the fact that the NABU investigation against them is turning into a protracted saga — due to violations of jurisdiction and attempts to artificially "stretch" the qualification to a level that allows the proceedings to remain under the jurisdiction of NABU, SAP, and HACC.

This is the first time we have seen such summonses, although we, as investigators, have issued them many times. However, we have never forbidden lawyers to comment on cases in the media, because it is absurd. As, in fact, is everything that happens in this case.

- say the lawyers' association.

Lawyers link such "desperate actions" of NABU to the politicization of the process.

NABU is trying to impose a political subtext on society, knowing in advance that it will lose this case.

- they indicate.

According to them, suspicions are handed out chaotically, just to somehow "stretch" the qualification to the jurisdiction of anti-corruption bodies.

We expected a suspicion of at least some corruption — otherwise, NABU, SAP, and HACC would have long ago transferred this case by jurisdiction to a regular district police department. After all, this is the jurisdiction of the article under which detectives are trying to prove that lawyers allegedly interfered with the court register and predicted the actions of anti-corruption bodies.

- they say.

According to the lawyers, the detectives completely closed the case materials from the defense and instead transmit selective information to friendly media, which "mirror" the investigation's versions.

This "mirror" media possesses the secret of the pre-trial investigation, in particular, it is familiar, unlike us, with the investigative actions and materials of the criminal proceedings, although, as NABU indicates, they allegedly did not grant journalists the right to do so.

- say the lawyers.

Lawyers are preparing lawsuits against "mirror" media, noting that "there are signs not only of disclosure of the secret of the pre-trial investigation, the right to which was not granted by either NABU or SAP, but also of spreading unreliable information in favor of NABU and SAP statements."

According to the defense, the NABU detectives' versions are based on audio recordings from wiretapping, which, they claim, was illegal. The equipment was discovered by the lawyers themselves — in their own office, in the negotiation room where they communicated with clients under NABU investigation.

According to them, the detectives seized some of the media without a court order, and some were received "from unidentified persons" after a long time. Thus, the chain of custody of the materials is not transparent, and the recordings themselves cannot be considered reliable evidence without expert examination.

Lawyers call the situation "an example of systemic pressure" from the leadership on subordinates.

This case is proof that the leadership of SAP and NABU forces subordinates to engage in political reprisals. We, the lawyers, whom NABU and SAP have lost most cases to, have now become their target. Instead of fighting corruption, they have focused on political persecution and orders in a competitive environment.

- say the lawyers' association.

It was previously revealed that in 2023, NABU installed wiretapping equipment in the office of Kyiv lawyers. The equipment was installed in a room for negotiations with clients who are under investigation by the bureau itself. The National Bar Association of Ukraine called such actions a gross violation of attorney-client privilege. The European Court of Human Rights has already accepted for consideration the applications of eight lawyers whose rights, according to them, were violated by NABU detectives.

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