She was Ukraine’s ‘Joan of Arc.’ Now she’s accused of plotting a coup in Kiev
As reported, on March 22, the Ukrainian Verkhovna Rada granted the prosecutor general’s recommendation and gave its consent to prosecute, detain, and arrest Nadiya Savchenko. The same day, law enforcement officials notified Savchenko that she was being treated as a suspect at parliament, after which they escorted her to the offices of the SBU branch for Kyiv and Kyiv region.
The recommendation that Savchenko be deprived of parliamentary immunity from prosecution was made as part of criminal proceedings opened on counts of preparations for change or dismantling of the constitutional system or for the seizure of power by a group of individuals acting in concert, preparations for assassinating a statesperson or a public figure by a group of individuals acting in concert, preparations for a terrorist attack by a group of people acting in concert, the establishment of a terrorist group, and the illegal handling of weapons, ammunition, or explosives by a group of people acting in concert.
At the time of arrest of Nadiia Savchenko, a number of international and national laws were violated.
1. Convention for the Protection of Human Rights and Fundamental Freedoms (abbreviated: European Convention on Human Rights). Notably: art.5, art.6.; art.9; art.10; art.14.
ARTICLE 5
Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law.
However, on March 22, 2018, the Security Service of Ukraine illegally detained MP of Ukrainian Parliament in the House of Parliament (Verkhovna Rada of Ukraine), ssuch detention was found to be illegal by a court of first instance.
ARTICLE 6
Point 1. Right to a fair trial
However, the judiciary in Ukraine is completely dependent of the President of Ukraine – each judge is appointed by the President of Ukraine personally by his own decree.
Point 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
Instead, on March 15 and 22, the General Prosecutor of Ukraine Yuriy Lutsenko, in a speech behind the podium in the session hall of the Parliament of Ukraine (Verkhovna Rada of Ukraine), illegally, without a court judgment, accused Nadiia Savchenko in committing of number of crimes. Consequently, by such actions, the General Prosecutor of Ukraine deliberately violated the norm of European Convention on Human Rights regarding the presumption of innocence of a person.
ARTICLE 9, 10
Freedom of thought, conscience and religion, Freedom of expression
Nadiia Savchenko was arrested for a “opinioncrime”, that is, for the opinions she expressed, like most Ukrainian citizens, about dissatisfaction with the current authorities and the fundamental change of the political system in Ukraine.
ARTICLE 14
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion and other.
Instead, we have the pursuing of pressure on entourage of MP of Ukrainian Parliament, pressure on the key persons of the political party «The community-political platform of Nadiia Savchenko», creating artificial obstacles in the work of the MP of Ukrainian Parliament Nadiia Savchenko and obstacles in the work of her political party. In particular, during the search on April 10, 2018, official documents and seal of the political party were removed by SBU investigators, which makes impossible to work political party centers throughout the country.
2. Constitution of Ukraine. Notably: art.3; art.6, art. 34; art.36; art. 62.; art.63; art.80.
ARTICLE 3
An individual, his life and health, honour and dignity, inviolability and security shall be recognised in Ukraine as the highest social value. Human rights and freedoms, and guarantees thereof shall determine the essence and course of activities of the State.
In Ukraine, the public bodies have not secured human rights and freedoms towards Nadiia Savchenko. Rights have been violated, from illegal listening and detention, to any investigative action.
ARTICLE 6
The State power in Ukraine shall be exercised with the consideration of its division into legislative, executive, and judicial branches.
This is a fuse of usurpation power in one’s hands. However, in spite of the formal division of power in Ukraine into legislative, executive and judicial, in fact, power is concentrated in one’s hands – the current President and his pro-government party. And this, in turns, creates conditions for pursuing political rivals. In particular, recently, the leader of another oppositional political force was persecuted by the President and his entourage and he had been expelled.
ARTICLE 34
Everyone shall be guaranteed the right to freedom of thought and speech, and to free expression of his views and beliefs.
Nadiia Savchenko was arrested for expressing her thoughts, views, beliefs about abusing the status of key persons of the state on disrespecting corrupt high officials and for her ideas of changing the political system of Ukraine.
ARTICLE 36
Everyone shall have right to freedom of beliefs and religion.
The pressure is being continued on entourage of MP of Ukrainian Parliament, pressure on the key persons of the political party «The Community-political platform of Nadiia Savchenko», creating artificial obstacles in the work of the MP of Ukrainian Parliament Nadiia Savchenko and obstacles in the work of her political party. In particular, during the search on April 10, 2018, official documents and seal of the political party were removed by SBU investigators, which makes impossible to work political party centers throughout the country.
ARTICLE 62
A person shall be presumed innocent of committing a crime and shall not be subjected to criminal punishment until his guilt is proved through a legal procedure and established by a court verdict of guilty.
Instead, on March 15 and 22, the General Prosecutor of Ukraine Yuriy Lutsenko, illegally, without a court judgment, accused Nadiia Savchenko in committing of number of crimes. Thus, the fundamental constitutional right of a person is violated – a presumption of innocence.
An accusation shall not be based on illegally obtained evidence or on assumptions. All doubts in regard to the proof of guilt of a person shall be interpreted in his favour.
All audio and video recordings that were shown publicly and on which the suspicion based towards to MP of Ukrainian Parliament, Nadia Savchenko, were received illegally, because they were not granted permission of the Ukrainian Parliament (Verkhovna Rada of Ukraine).
ARTICLE 63
A suspect, an accused, or a defendant shall have the right to a defence.
The right of Nadiia Savchenko to defense is constantly violated. In particular, while conducting the investigative actions, her attorney deliberately does not admit to certain stages of it. (For example, during checkout procedure on a polygraph in April 17, 2018).
ARTICLE 80
The people’s deputies of Ukraine shall be guaranteed immunity of a deputy.
It means that conducting any investigative actions against MP of Ukrainian Parliament is forbidden without special permission of the Ukrainian Parliament (Verkhovna Rada of Ukraine).
3. The Law of Ukraine «About the status of people’s deputy of Ukraine»
ARTICLE 27
The people’s deputies of Ukraine shall be guaranteed immunity of a deputy for the whole term of the deputy powers.
It means that the search, detention of MP of Ukrainian Parliament or the inspection of personal things and luggage, transport, housing or office of MP of Ukrainian Parliament, as well as violations of the privacy of correspondence, telephone conversations, and the application of the other measures are, according to the law, restrict the rights and freedoms of MP of Ukrainian Parliament, and are permitted only in cases when the Parliament of Ukraine (Verkhovna Rada of Ukraine) has given the consent to pursue criminal proceedings.
And all the materials submitted and publicly announced by the prosecution against Nadiia Savchenko as an evidence are gathered before the consent of the Parliament of Ukraine (Verkhovna Rada of Ukraine) to pursue criminal proceedings, that is, illegally.
Also violated the procedural norms, which are enshrined in the Law of Ukraine “On the Rules of the Verkhovna Rada of Ukraine”, the Criminal Code of Ukraine, the Code of Criminal Procedure of Ukraine
Savchenko first burst into Ukrainians’ imagination in 2014, when she was captured fighting in the eastern Donbas region. A former soldier who served as a peacekeeper in Iraq, she had joined one of the pro-government volunteer battalions aiding in the battle against Kremlin-supported separatists.
She soon appeared in captivity in Russia itself, though how she got there was unclear. Ukrainian officials said she was illegally transported across the border, while Moscow said she crossed on her own, incognito. She was charged and put on trial for allegedly causing the death of two Russian journalists covering the war.
The trial became a cause celebre, and Savchenko a symbol of Ukraine’s struggle. During the proceedings, she sang the Ukrainian national anthem, launched a hunger strike and read an impassioned speech lashing out at Russian President Vladimir Putin. At one point, she also showed the presiding judge her middle finger.
She was convicted and sentenced to 22 years but was then released in a prisoner exchange two months later. She returned to Ukraine to scenes of mass adulation.
In her absence, Savchenko had been elected to parliament as a member of the Fatherland party, headed by former prime minister Yulia Tymoshenko. Once she took her position, Savchenko quickly distinguished herself as one of the legislature’s most outspoken — and controversial — members, calling at one point for Kiev to accept Russia’s annexation of Crimea in exchange for ending the war in the East.
Last year, she caused an uproar after it emerged that she met with separatist leaders unilaterally, in an effort, she said, to get them to release captured Ukrainians.
Today The Savchenko affair presents two equally difficult-to-digest scenarios for Ukrainians.
Either one of the country’s best-known figures intended to stage a government takeover involving unbelievable bloodshed — evidence submitted by the general prosecutor suggested Savchenko was willing to accept 400,000 deaths as part of the plot — or the government was willing to go to incredible lengths to remove one of its political opponents.
And given Savchenko’s ability to transform a trial into a political platform, authorities might be wary of providing her too much of a forum.
She has already posted on her Facebook page two professionally produced videos: one calling for a change in the political system, and another announcing her intention to run for president.
For more info: freesavchenko.com
