The SBU sent the HACC a letter requesting a closed hearing for Duka due to a possible terrorist attack — prosecutor

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The SBU asked the HACC to hold a closed hearing due to a possible terrorist attack. The SAPO prosecutor requested the judge’s recusal because he did not see the letter providing the justification.

SAP prosecutor Mykola Karas said that the Security Service of Ukraine had sent a letter to the HACC requesting that a closed hearing be held to consider a preventive measure for SBU General Serhii Duka as part of the investigation into the "Carthage" case. According to the prosecutor, the reason for closing the hearing was a possible terrorist attack, a UNN correspondent reports from the courtroom. 

This is an extremely strange situation that is unfolding. I appeared at the court hearing, and the court proceedings began. Obviously, I do not comment on the actions of the presiding judge, but the issue is something else. At the very beginning, no question was raised as to whether the proceedings should be open or closed. The investigating judge declared a recusal of the prosecutor, and it was considered. Then I saw that the journalists were directly on the first floor and were not being allowed in. I raised the issue that an open hearing needed to be ensured, since there are no secrets in the materials we plan to disclose. In response, it was stated that there was a corresponding letter from the Security Service of Ukraine for official use, allegedly concerning the elements of Article 258, terrorism 

- Karas said. 

Video - Andrii Khadkov, UNN photographer

He noted that he had asked to examine the document, but was refused. 

Given that it was included in the materials of the court case and that the issues concern consideration of our motion, I, as a member of the prosecution, have the right to know why the judicial proceedings concerning the publicity and openness of the proceedings are being restricted. In this case, I was not given an answer, and my right to examine the relevant letter was restricted. As a member of the prosecution, I had no other option than to file a motion to recuse the investigating judge, which must now be automatically assigned to another investigating judge, who will have to consider whether there are grounds for recusing this investigating judge or not. Because at present I have no reasonable explanation as to why the right to publicity and openness of the consideration of this motion to impose a preventive measure is being restricted 

- the prosecutor added.

We would like to remind you 

On November 4, detectives of the National Anti-Corruption Bureau detained SBU General Serhii Duka as part of the investigation into the "Carthage" case. According to law enforcement officials, the operation exposed a criminal organization whose members, according to the investigation, systematically provided improper benefits to senior law enforcement officials in exchange for ensuring the unhindered operation of fraudulent call centers and other illegal businesses.

On November 6, the High Anti-Corruption Court began a hearing to select a preventive measure for Serhii Duka, a general and the first deputy head of the SBU Department for the Protection of National Statehood. The hearing began without media representatives, who had not been informed that it had been moved to another courtroom. At the same time, the issue of holding a closed hearing was not raised.  

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