"This is a Spanish shame!": former head of the judicial administration on violations in the activities of the HACC and NABU

There are critical systemic violations in the work of the High Anti-Corruption Court (HACC) and the National Anti-Corruption Bureau (NABU). This includes interference in the automatic distribution of cases and the HACC's exclusive support for the prosecutor's position, as well as the NABU detectives' disregard for evidence, the formation of charges based on a predetermined version, and the use of "provocations." Oleksiy Salnikov, former head of the State Judicial Administration of Ukraine, stated this in an interview with "Sudovo-yurydychna hazeta" (Judicial and Legal Newspaper), as reported by UNN.

Thus, according to him, facts of interference in the automated distribution of court cases are recorded in the HACC's activities, which directly contradicts the principle of judicial independence. The mechanism of automatic distribution, he noted, is a key safeguard against manipulation, but in practice, it does not always work.

"As soon as I raised the issue of conducting an audit of the situation with the automatic distribution of cases in the HACC, I immediately received persistent signals from the HACC leadership to do nothing and not to 'interfere,' with a hint of negative consequences for me. Therefore, a comprehensive audit of all facts for which there were statements from individuals whose cases were considered in the HACC should be conducted," he said.

In general, according to the former head of the SJA, the HACC can hardly be called a court due to violations of basic principles of justice.

"Any prosecutor's motion is unconditionally granted, evidence is examined only to the extent needed by the prosecutor. What I saw is a shock. Even the sessions were closed so that no one would see it. 'Spanish shame,'" he said.

Salnikov expressed separate criticism of NABU, stating a number of violations in its work. Firstly, the lawyer noted, it concerns the disregard or selective use of evidence in criminal proceedings. Secondly, in his opinion, investigators and detectives often form charges based on a predetermined version. Thirdly, he drew attention to the use of so-called "provocations" in the work of anti-corruption bodies, which, according to him, casts doubt on the legality of the evidence obtained.

In general, describing NABU's actions, the former head of the SJA called it a structure managed by private individuals who are not citizens of Ukraine, whose goal is to establish control over political decision-making and take control of government bodies.

"NABU works according to a scheme: first they discredit some body, fabricate a fake case, and then seize control of this body by holding a 'transparent' competition for the position with the involvement of their experts. Officials of our state are constantly blackmailed by law enforcement agencies managed by private individuals of foreign states to act in their interests, neglecting the interests of Ukraine," he concluded.

The former head of the SJA emphasized that such practices pose a threat to the entire law enforcement system of Ukraine and undermine public trust in anti-corruption institutions. He called for an independent audit of the HACC and NABU's activities, as well as increased control over compliance with procedural norms.

In turn, in a comment to the interview, the specialized resource "Pid Mantiyeyu" (Under the Mantle) called the HACC not a court, but a notary office for legalizing the wishes and instructions of NABU/SAP. "And why listen carefully to cases, consider some motions, especially from the defense – if you need to run to some left-wing forum for grant funds for your own self-promotion and free food," the authors of the post emphasized.