In a case that raises increasing questions about the limits of the powers of anti-corruption bodies and respect for human rights in Ukraine, lawyers accuse the National Anti-Corruption Bureau (NABU) of illegal wiretapping, fabrication of a case and personal revenge. Meanwhile, the Supreme Anti-Corruption Court of Ukraine (SACU) on April 7 imposed a preventive measure on the so-called "organizer of the scheme" - one of the lawyers suspected of unauthorized interference in the closed part of the court register. The court set a bail of UAH 10 million and ordered the lawyer to wear an electronic bracelet - possibly to further monitor him and his clients.
From anti-corruption to personal revenge
Lawyers are convinced that the case has nothing to do with the real fight against corruption, but is the result of internal conflicts within the NABU itself and an attempt to crack down on lawyers who systematically win cases against this body.
They also draw attention to a previous high-profile scandal involving the leakage of information from NABU, in particular regarding planned searches. Then the first deputy director of the bureau, Gizo Uglava, became the object of public condemnation, who was scandalously dismissed and actually "appointed" guilty, but no evidence was provided to the public.
At the same time, according to the defense, instead of a full-fledged investigation of the real sources of the information leak, the so-called "witch hunt" began, including against lawyers. In the context of the absence of proven facts regarding the persons involved in the "leaks", lawyers do not rule out that this scandal was mainly of a media nature and could have been used to realize internal interests within the NABU itself. Just as the internal interests of the NABU are now pursuing - in the case against lawyers, and the detectives Yaroslav Voronizhskyi and Roman Daraga are carrying out the "orders".
Versions that do not stand up to scrutiny
The lawyers categorically deny that the voices on the published recordings belong to them. They note that they did find technical equipment in their office, after which NABU detectives, including Voronizhskyi, arrived there. However, according to the defense, there is no connection between the NABU's published "tapes" and the lawyers.
Regarding the person who is accused of being the organizer, the defense insists that there are no facts or evidence that she coordinated or committed illegal actions. According to the defense, NABU artificially constructs the charges, relying not on facts, but on a subjective interpretation of events. In their opinion, this is a systematic practice of NABU detectives - to create hypothetical crimes instead of investigating real ones, especially those that fall under their jurisdiction.
This claim of the defense is confirmed by the fact that, in particular, the statements of the director of NABU, Semen Kryvonos, as well as official reports of NABU and SAPO about the alleged monitoring by lawyers of court decisions regarding searches, are unreliable. According to the defense, these circumstances are in no way reflected in the text of the suspicion and are not confirmed in the case materials. In their opinion, this indicates a public manipulation aimed at strengthening the media effect around the case, which in its essence does not go beyond the level of police proceedings. The defense calls it a "media fake" on the part of NABU and SAPO.
Violation of children's rights during investigative actions
Separately, the defense emphasizes the next incompetence of NABU detectives, who, during investigative actions, detained minor children for two hours in the middle of the highway, prohibiting them from informing relatives and lawyers of their whereabouts. This episode, like the wiretapping of the lawyers' office, has already become the subject of official complaints to law enforcement agencies.
International attention to the case
At the time of publication:
• The European Court of Human Rights has opened 5 proceedings on complaints from the defense against NABU and SAPO;
• The State Bureau of Investigation has opened a case on illegal wiretapping of lawyers;
• The Verkhovna Rada Commissioner for Human Rights is checking the fact of illegal detention of children during investigative actions, which is a gross violation of the rights of minors.
The National Bar Association of Ukraine also applied to the Prosecutor General's Office and the SBI with a statement on gross violations of the rights of lawyers and the principle of confidentiality.
Legal inconsistency: the case is outside the jurisdiction of NABU
Lawyers draw attention to the fact that the charges are brought under Art. 376-1 of the Criminal Code of Ukraine, which:
• does not contain a corruption component;
• does not concern officials of category "A";
• does not provide for damage to the state.
Thus, the case does not fall under the jurisdiction of NABU and should not be considered in the Supreme Anti-Corruption Court, which is another gross procedural violation.
This is not a fight against corruption. This is an attempt to demonstratively remove lawyers who constantly remind NABU of their incompetence. But we will see who reaches the finish line in this marathon