Showing posts with label Corruption. Show all posts
Showing posts with label Corruption. Show all posts

Tuesday, 17 January 2012

Russian billionaire battle reaches London court climax

LONDON, Jan 17 (Reuters) - A gargantuan lawsuit between two of post-Soviet Russia's richest and most powerful men reached its climax in a London courtroom on Tuesday, with lawyers for tycoon Boris Berezovsky making their case that he was extorted into turning the crown jewel of his business empire over to billionaire rival Roman Abramovich.

The $6 billion case has thrown a spotlight on the shady business dealings of post-Soviet Russia, when opaque privatisation deals turned a handful of insiders into the owners of multi-billion dollar natural resources firms.

It has also captivated the legal industry in Britain, whose globally respected, tradition-bound courts - where lawyers still wear powdered wigs - have become the venue of choice for rich Russians to sue each other, generating massive fees.

Berezovsky, 65, accuses Abramovich - known in Britain as the owner of Chelsea soccer club - of intimidating him into selling his stake in oil firm Sibneft at a knockdown price. Abramovich, 45, denies Berezovsky ever had an interest in Sibneft.

Speaking in a courtroom packed with bodyguards and ranks of lawyers and aides on Tuesday, Berezovsky's lawyer devoted a large part of his closing statement to examining what he said was untruthful evidence by Abramovich and his witnesses.

"The dishonesty of Mr Abramovich and his key witnesses, their cynical manipulation of evidence and indeed of the trial process, is...perhaps the most important of the general points which my Lady will wish to have in mind when weighing up the evidence and making findings of fact in this case," Laurence Rabinowitz told judge Elizabeth Gloster.

A Kremlin insider in the 1990s under former President Boris Yeltsin, Berezovsky left Russia after falling out with Yeltsin's hand-picked successor Vladimir Putin. He says he gave up his Sibneft stake because he feared that if he refused, Abramovich would ensure Putin had the shares expropriated.

Abramovich says he paid Berezovsky $2 billion for his political patronage and protection from criminal gangs, but not as dividends from Sibneft because Berezovsky was never an owner.

Abramovich has since sold Sibneft to the Russian state natural gas monopoly Gazprom.


The trial has been tabloid fodder in Britain ever since a tussle between the two tycoons and their retinues of bodyguards in a Hermes luxury boutique in London, when Berezovsky spotted Abramovich and served him with a writ.

During Tuesday's hearing, Berezovsky appeared relaxed, often laughing and conferring with his younger girlfriend. Abramovich, sitting at the opposite end of the courtroom, listened intently to the Russian translation of the proceedings in headphones.

The trial, which started in early October, is being followed closely by Russia watchers from London and Moscow for new clues into Russian business and politics under Putin, now prime minister but expected to become president again this year.

Abramovich and Berezovsky were close allies when making their fortunes in Russia in the 1990s under Yeltsin.

Since then, Berezovsky has become a sworn enemy of Putin, fending off requests to extradite him from London on Russian criminal charges by arguing that he could not get a fair trial in Russia. Abramovich became a Putin ally and prospered.

Thursday, 21 October 2010

Czechs Arrest Tymoshenko-Era Economy Minister

PRAGUE, Czech Republic -- Police in the Czech Republic say they have arrested former Ukrainian Economy Minister Bohdan Danylyshyn on the basis of an international warrant alleging abuses while in office.
Danylyshyn served as minister in the previous government, led by Yuliya Tymoshenko.

He is the most senior Tymoshenko-era official to be accused of a crime since Viktor Yanukovych defeated her in a two-way presidential runoff in February.

Since Yanukovych took office, Ukrainian authorities have also detained a former director of customs under Tymoshenko's administration and a former CEO of state-run energy giant Naftogaz.

Tymoshenko has called the arrests politically motivated.

Danylyshyn was detained late on October 18, according to Czech Police.

"Basically, the international arrest warrant states a suspicion of committing the crime of failing to execute [his] responsibilities in the management of another party's property and that this occurred in the year 2007, when the man was alleged to have given preference to one of the firms [in a tender] and allegedly inflicted damages on Ukraine of more than 1.3 million euros," Czech Police spokeswoman Pavla Kopecka said.

The charges, filed in August, stem from alleged actions during the sale of assets of Boryspil International Airport.

Kopecka added that there has been no decision yet on whether Danylyshyn would be handed over to Ukrainian authorities.

The Ukrainian Interior Ministry reportedly confirmed the arrest.

Friday, 15 October 2010

Government Of Ukraine Audit Uncovers Corrupt Practices In Past Financial Operations

KIEV, Ukraine -- The Government of Ukraine announced today that a team of international auditors has completed the initial stage of its independent audit of Ukraine's state finances and operations.
The audit revealed evidence of fraud and misapplication of government funds from 2008 to the first quarter of 2010.

The team of lawyers and forensic investigators led by the Washington, DC law firm of Trout Cacheris, PLLC examined a group of transactions by various government bodies.

The audit found evidence of the use of offshore shell companies, sham contracts and other international money laundering mechanisms in transactions involving private parties and the previous administration, as well as the unlawful misapplication of funds, resulting in the waste and misuse of government assets and the enrichment of private parties.

The largest instance of misconduct they have uncovered involved the unlawful misapplication of 2.3 billion hryvnias (euro 200 million) obtained through the sale of carbon credits under the Kyoto Protocol.

High-ranking officials used these funds to conceal massive deficiencies in Ukraine's pension system shortly before the 2010 presidential election.

The audit also uncovered instances in which offshore shell companies and sham transactions were employed to sell automobiles and pharmaceuticals to the government at highly inflated prices; the use of state credit to purchase 1,000 vehicles which were distributed for political gain; manipulation of transactions with the sugar reserve; and the unapproved use of funds to carry out a land registration program to gain political favor in advance of the recent presidential elections.

Lead audit attorney Plato Cacheris of Trout Cacheris and co-counsel Mark MacDougall of Akin Gump Strauss Hauer & Feld noted that today's announcement is another example of how the Ukrainian leadership is committed to exposing corruption.

"Today's report reveals a pattern of impropriety in transactions involving several levels of the Ukrainian government from 2008 through the first quarter of 2010. We are continuing our investigation and will share additional findings once those investigations are completed," MacDougall said.

Sunday, 19 September 2010

Georgiy Gongadze Case: Anatomy Of A Cover-Up

KIEV, Ukraine -- According to alleged testimony of former Interior Ministry official Oleksiy Pukach released on Sept. 14, 2010, Volodymyr Lytvyn (then chief of staff for ex-President Leonid Kuchma) comes to ex-Interior Minister Yuriy Kravchenko’s office (one day after Georgiy Gongadze’s murder), along with First Deputy Interior Minister Mykola Dzhyha and ministry chief of staff Eduard Fere. Kravchenko introduces him to Pukach with the words: “Volodymyr Mykhailovych [Lytvyn], this is our worker who personally took care of Gongadze.” According to Pukach, Kravchenko patted him on the shoulder and said: “Tell the president that we shall fulfill any of his orders.”
A timeline of the cover-up:

Sept. 19, 2000 – President Leonid Kuchma holds a press conference in which he said he is “very upset” to learn of Gongadze’s disappearance. On the same day, police question neighbors in a house that Gongadze had left on Sept. 16. Two of them said they heard a man scream between 10 p.m. and 11 p.m. that night.

Oct. 18, 2000 – Socialist Party leader Oleksandr Moroz meets with presidential bodyguard Mykola Melnychenko, who gives Moroz recordings that allegedly included conversations that implicate Kuchma in the disappearance of Gongadze.

Nov. 2, 2000 – A headless body is found in Tarashcha, south of Kyiv. Melnychenko receives foreign visas for himself and his family to flee Ukraine, nine days after quitting the presidential guard.

Nov. 6, 2000 – The headless body is identified as Gongadze’s. The news is concealed from the journalist’s relatives and the press. On the same day, general prosecutor’s investigator, Hryhoriy Harbuz, calls Gongadze’s relatives and asks what accessories he had wore and what he had eaten on the day of disappearance.

Nov. 8, 2000 – Forensic expert Ihor Vorotyntsev of Tarashcha is ordered to destroy the body by members of the investigation team from the Interior Ministry and the General Prosecutor’s Office, but refuses to do it.

Nov. 15, 2000 – Vorotyntsev is visited by journalists who were tipped off by Moroz about the body later identified as Gongadze’s. While journalists look for a coffin, local police receive an order from Kravchenko to remove the body.

Nov. 16, 2000 – Kravchenko is called to parliament, but sends his deputy, Mykola Dzhyha, who claims that the body was not identified.

Nov. 17, 2000 – Vorotyntsev’s notes are confiscated along with his computer. He is made a witness in the case to ensure that he can no longer talk about it without breaking the law. His computer is later returned with a virus that eventually deletes all his files.

Nov. 28, 2000 – Moroz publicly releases several excerpts from secretly recorded conversations between Kuchma and other top officials in which they discuss how to get rid of Gongadze. Mykola Melnychenko, a former presidential bodyguard, claims to have made the recordings. In the following days, Moroz is accused of slander while major Kuchma-controlled TV channels fail to report fairly on the tapes.

Nov. 30, 2000 – The prosecutor general announces that he talked to Kuchma and Kravchenko, who deny having conversations like those in the recordings, therefore pronouncing the recordings as fakes.

Dec. 1, 2000 – Kuchma comments on Melnychenko’s tapes for the first time, calling them “a provocation of foreign special services.”

Dec. 15, 2000 – The first public protest takes place by the mass movement Ukraine Without Kuchma, which unites 24 political parties and social organizations. They demand the resignation of Kuchma and his top officials, as well as a full investigation of the Gongadze case.

Jan. 10, 2001 – General Prosecutor Mykhailo Potebenko finally officially admits in parliament that Gongadze’s body was found in November.

Feb. 13, 2001 – Kuchma, Prime Minister Viktor Yushchenko and Verkhovna Rada speaker Ivan Plyushch sign a joint letter referring to the participants of the Ukraine Without Kuchma movement as “fascists.”

March 23, 2001 – Sergiy Tigipko, then leader of the Labor Party, which was financed by Kuchma’s son-in-law Viktor Pinchuk, announces that his party is hiring Kroll, a U.S.-based company specializing in white-collar crime and security, to probe the Gongadze case. In September, Kroll produces a report saying Kuchma was not involved.

May 15, 2001 – Kuchma announces that he knows the names of Gongadze’s killers.

May 16, 2001 – Interior Minister Yuriy Smirnov says the murder of Gongadze was not politically motivated and was conducted by two criminals who died in 2000.

Oct. 22, 2003 – General Prosecutor Svyatoslav Piskun issues an arrest warrant for Pukach, after establishing that the Interior Ministry followed Gongadze in 2000.

Oct. 29, 2003 – Kuchma dismisses Piskun and his deputy and reshuffles the investigating team.

Nov. 5, 2003 – Pukach, who had been detained, is released from custody thanks to a suspicious court ruling.

Dec. 10, 2004 – Piskun is reinstated as prosecutor general after fighting his dismissal in court.

March 1, 2005 – President Viktor Yushchenko triumphantly announces that the Gongadze case has been solved.

March 3, 2005 – Piskun publicly announces that he wants to question former Interior Minister Yuriy Kravchenko in connection with the Gongadze case.

March 4, 2005 – Kravchenko is found dead in the garage of his suburban home in Koncha Zaspa. He has two gunshot wounds to his head, but his death is officially declared a suicide. An alleged note is found close his body proclaiming his innocence. It said: “I fell victim to political intrigues of Leonid Kuchma.” The notebook from which the piece of paper was taken to make the note was never found.

Nov. 23, 2005 – The Kyiv Appeals Court starts hearing the case of Mykola Protasov, Oleksandr Popovych and Valeriy Kostenko, three lower-level Interior Ministry police officers accused of participating in Gongadze’s murder.

March 15, 2008 – Protasov is convicted and sentenced to 13 years in prison, while co-defendants Kostenko and Popovych are also convicted and sentenced to 12 years in prison for murdering Gongadze.

July 21, 2009 – Pukach is found and arrested in a small village in Zhytomyr Oblast.

Sept. 14, 2010 – The Prosecutor General’s Office announces that the pre-trial investigation into Gongadze’s murder is over. They say Kravchenko ordered Pukach to kill the journalist.

Saturday, 18 September 2010

Billionaire Berezovsky feels the pinch

Fugitive tycoon Boris Berezovsky is getting squeezed by the Russian authorities, with chunks of his fortune being paid back to his creditors.

Earlier this week it was reported that Aeroflot had recoverd $52 million Berezovsky allegedly stole from the airline.

And on Thursday ot was reported on plans to recover more than 600 billion roubles owed to car maker AvtoVAZ.

The law enforcement services say they have traced more than 300 million pounds of foreign-held assets to Berezovsky, who is currently living in the UK.

Friday, 27 August 2010

Medvedev Freezes Khimki Highway

President Dmitry Medvedev ordered a halt to the construction of a highway through the Khimki forest Thursday, marking a rare victory for a grassroots effort that the authorities heavy-handedly tried to squash but nevertheless swelled into a thousands-strong rally last weekend .

Medvedev, whose last public comment on the forest was a pledge to consider the issue after being asked about it in Paris on March 2, stopped the partial demolition of the ancient oak forest, planned to make way for an $8 billion highway from Moscow to St. Petersburg, after United Russia unexpectedly sided with growing public discontent over the project.

“Our people, including representatives of the political parties, from the ruling United Russia to opposition ones, as well as public groups and expert circles, say that additional analysis is needed,” Medvedev said in a two-minute video posted on his blog, standing with his back to the green foliage of a forest.

Medvedev promised to initiate a public discussion.

"I can't predict the result of the discussion, but the issue is resonating throughout society," he said.

Yevgenia Chirkova, the businesswoman who led the efforts to stop the deforestation, called the apparent change of heart a victory for civil society.

“I think it's time for a celebration already. Even if the decision is not final, the very fact that [Medvedev] stopped deforestation is a great victory,” she said."I think it will be followed by other victories because people will start believing in their own power."

Earlier Thursday, the head of United Russia's faction in the State Duma,Boris Gryzlov, urged Medvedev to “look into the situation” with the forest near Sheremetyevo Airport north of Moscow.

“A decision must be made either to change the highway's route or to proceed with the construction, but with a deeper understanding of the matter,” he said in a carefully worded statement on the party's web site.

Mayor Yury Luzhkov also supports an alternative route for the highway that would not require deforestation, Oleg Mitvol, a former federal environmental inspector who serves as prefect of the city's Northern Administrative District.

Luzhkov, who was on vacation this week, did not comment on the highway.

The government's backdown on the highway marks a stunning reversal on a decision that had been vigorously defended by the government and backed by the Supreme Court, despite surveys that indicated the project had little support from all levels of society. Public anger over plans caused the European Bank of Reconstruction and Development to pull out of the project early this year.

Environmentalists and local residents, who blocked contractors from starting to clear trees by camping out in the forest in July, have been beaten by unknown assailants and questioned and detained by police both in the forest and during rallies in Moscow.

But the discontent continued to grow, climaxing with a rally of more than 3,000 people on Pushkin Square on Sunday. Rock legend Tury Shevchuk, who asked Prime Minister Vladinir Putin at a charity event in May to stop police crackdowns on rallies, headlined the rally and played two songs despite police efforts to enforce a concert ban imposed by City Hall.

Bono invited Shevchuk up on stage during U2's first-ever Russian show at Luzhniki stadium on Wednesday night (they sang Bob Dylan's classic “Knockin' on Heaven's Door”) for a performance that environmentalists said sent a clear signal to the authorities about the illegality of their crackdown on Khimki forest defenders.

“The fact that Bono was singing with Shevchuk was a clear answer to those who commit lawless actions,” said Sergei Tsiplyonkov, acting director of Greenpeace Russia.

Bono, an outspoken activist on various social issues, said during a meeting with environmentalists that he regretted not raising the Khimki forest issue during talks with Medvedev in Sochi on Tuesday and promised to assist the forest defenders, environmental activist Yaroslav Nikitenko told Interfax.

The activists' problems continued even on the day of a recent Moscow concert, with police targeting Greenpeace and Amnesty International activists, who usually stage small events before the band's gigs.

About 10 Greenpeace activists were asked to stop collecting signatures in support of Russian forests in the lobby of the Luzhniki stadium, Tsiplyonkov said. Amnesty activists also reported trouble with the police.

Artyom Troitsky, a prominent music critic and the host of Sunday's Pushkin Square rally, said Chirikova deserved all the praise. "She played solo, while Shevchuk and Bono were the backup vocalists," he said.

He said he felt encouraged about the state of civil society but worried that most Russians still did not care enough to stand up for their rights.

"This action shows that if people want something, it is possible to move mountains," he said in a telephone interview. "The other question is that in 99 percent of cases people don't want anything and prefer to live in the backwater."
The highway project was further complicated by the fact that the company contracted to construct it, theNorth-Western Concession Company, has been linked in media reports to Aekady Rotenberg, Putin's friend and former judo trainer.

Rotenberg denied the reports Thursday, saying Igor Koryashkin, who sits on the North-Western Concession Company's board, does not represent him and is an independent director.

But Koryashkin also sits on the board of the Novorossiisk sea port, which is controlled by Rotenberg.

Putin, who heads United Russia, did not comment on the Khimki forest Thursday. His spokesman Dmitry Peskov said in July that the deforestation would proceed.

Stanislav Belkovsky, an independent analyst, said United Russia was aware that Medvedev had planned to halt the highway project and suggested that cracks were emerging in its once-steadfast alliance to Putin.

"The decision shows that the party is responding to orders from the top powers represented by Dmitry Medvedev and not to Vladimir Putin, the party leader," he said.

The authorities are known for being tone-deaf to grassroots campaigns, viewing them as a threat to their power. But things appear to be changing ahead of the upcoming election season, which kicks off with October regional elections and will culminate with the presidential vote in 2012.

Last week, United Russia withdrew its support of Kaliningrad Governor Georgy Boos, who faced mass protests in his region earlier this year, even though Gryzlov had promised to back Boos as recently as July 16. Medvedev subsequently decided not to nominate Boos for a second term.

Environmentalists have scored a victory with the authorities before. After protests, then-President Putin in 2006 ordered that an oil pipeline that was supposed to be constructed near Lake Baikal be moved away from its shores.

Wednesday, 25 August 2010

Luzhkov named Russia’s richest politician

He might be under pressure to quit as Moscow’s mayor, but at least Yury Luzhkov can look forward to a comfortable retirement.

The veteran politician has been named as the wealthiest official by Forbes Russia, sharing a family income of more than 30 billion roubles (approx. $1 billion).

The other 99 representatives on the list pulled down just 56 billion ($1.8 billion) between them.

The Luzhkov family’s earning power is greatly enhanced by the success of his wife, Elena Baturina, and her Inteko construction firm.

Thursday, 10 June 2010

Ukraine Promises EU To Extend Fights Against Corruption And Improve Order Control

BRUSSELS, Belgium -- Ukraine promised on Wednesday the European Union that they will continue fighting against corruption, improve border control among other topics, the European Union (EU) announced.
Ukraine, represented by Minister of Justice Olexander Lavrynovych, met with the Spanish presidency of the European Union and said that Ukraine promised to extend the battle against corruption, human and drug trafficking, and to improve border control.

Spain's delegation was led by Antonio Camacho, the Secretary of State for Security. Camacho remarked that a good border control will result in preventing illegal immigration and will help lead to the lifting of visa requirements for Ukrainians.

"The battle against corruption is another of the conditions required to achieve greater convergence on social, political and economic issues," said Camacho.

On the other hand, Spain's Secretary of State for Justice, Juan Carlos Campo said that Ukraine needs to become a state where rule of law is consolidated with an independent judiciary.

Ukrainian citizens are required to present a visa when they travel to the European Union. Since 2008, Ukraine is aiming for the complete removal of mandatory visa for its citizens.

Saturday, 10 April 2010

Judges In Ukraine Mock Justice With Their Useless Or Corrupt Rulings

KIEV, Ukraine -- Ukraine’s judicial system and rule of law have not emerged from the Viktor Yushchenko era in very good shape, with Ukrainian lawyers and international monitoring organizations noting a sharp rise in corruption among judges and prosecutors in the last five years.
The prosecutor general’s office has become a graveyard for criminal cases, a redundant institution where criminal cases go to linger, stagnate and then be buried and forgotten.

Surveys of Ukrainian lawyers have found they feel that instances of political interference in their work have increased exponentially during the last five years, probably as an outcome of political instability, crises and in-fighting among the elite.

As political elites jostled one another for power, they pressured judges and prosecutors to produce favorable outcomes. We all remember political interference by both sides in the Constitutional Court in the spring 2007 political crisis, after Yushchenko disbanded parliament.

A clear instance of political interference is this week's decision by the Constitutional Court to overturn its 2008 ruling on parliamentary factions by giving the go-ahead for coalitions to be formed by factions and individual parliamentary deputies.

The notorious political decision is reminiscent of the court's 2003 ruling that ex-President Leonid Kuchma could be a candidate in the 2004 elections as he was serving his “first” term.

This week's ruling will discredit the Constitutional Court further and drive a nail into its coffin. The decision will be seen as blatantly political both in Ukraine and in Europe and Washington, ahead of President Viktor Yanukovych’s April 12 visit.

The ruling could well turn out to put Ukraine on a slippery slope towards authoritarianism and, therefore, political instability.

In addition, there has been very little accomplished in the important field of protecting foreign investors, despite rhetoric by all political leaders about making Ukraine friendly for overseas investment.

In the last two years the World Bank has ranked Georgia three times better than Ukraine in protecting foreign investors. In terms of ease in doing business and starting up a business, the World Bank ranks Georgia 7-10 times better than Ukraine.

What went wrong in Ukraine?

And why the dissimilarity with Georgia following each of the democratic revolutions, which took place within one year of each other in 2003-2004. The answer is that Georgia elected a leader who has political will and who operates in a system where his policies can be enforced.

Nevertheless, Ukraine is not all doom and gloom and, as ex-President Leonid Kuchma once famously wrote. Ukraine is not Russia – at least for now. Ukraine’s judicial system is down but not yet out.

In 2009, Steven Chepa, Norstone Financial Corporation’s president and chief executive officer, lost a $12 million investment in a corporate raid on his wood processing factory, Starwood Zakarpattia. For more than a year, Norstone has fought the attempted takeover through Ukraine’s court system. Results have been positive.

Well, mostly. As Americans and Canadians would say, “You can’t make this stuff up:” a low-level state official in Vinnytsia has set himself above the courts of Kyiv and Trans-Carpathia. Disregard for the law has reached astounding proportions.

As Chepa said: “As astonishing as it is that private security guards are capable of intimidating the police to the point where they would rather withdraw than enforce the law, it is absolutely incredible that a district registrar would dare to disobey instructions issued by the Kiev Administrative Court of Appeal.”

Two court rulings – issued by the Kiev Administrative Court of Appeal’s Judge Saprykina on Jan. 6 and March 3 – made it necessary for the government registrar to register ownership of Starwood Zakarpattia with Norstone. In 2009, the corporate raiders were able to exert sufficient influence to have Starwood Zakarpattia registered as their property in the hope of asset stripping the factory and thus appropriating Norstone’s multi-million dollar investment.

A third court ruling – this by the Trans-Carpathian administrative court and dated March 17 – also supports Norstone’s case that it was the victim of an illegal corporate raid and calls for the re-registration of Starwood Zakarpattia where it rightfully belongs. Three court rulings should be sufficient to enforce the matter; or so Norstone thought.

It would seem that under the Ukrainian system the same office that knowingly registered Starwood Zakarpattia illegally with the corporate raiders is now required to re-register Starwood Zakarpattia with its rightful owners.

This is like asking the fox who stole the chicken to give it back. Is it merely coincidence that the registry office is Vinnytsia, home turf for the corporate raiders?

The registry’s bureaucrats have refused to abide by three court rulings, placing themselves above the rule of law. This is legal anarchy! Bureaucrats have no basis on which to refuse to abide by iron-clad court rulings – especially when they come in threes.

It is simply unimaginable that a notary in a European or North American democracy could refuse to abide by a court ruling. The consequences would be a fine, immediate dismissal, or even jail.

The actions of the Vinnytsia notary make a mockery of Ukraine’s judicial system. Indeed, what is the point of court rulings if they cannot be enforced?

The Vinnytsia notary is effectively blocking the re-opening of the Starwood Zakarpattia factory, depriving an economically depressed region (Trans-Carpathia) that is part of a country (Ukraine) that, alongside Latvia and Hungary, experienced some of the worst effects of the global financial crisis.

When up and running, Starwood Zakarpattia will employ 100 Trans-Carpathians: one small but significant step in helping Ukraine emerge from its severe economic downturn.

Chepa expressed his shock at the actions of the notary in undermining Ukrainian justice in a letter sent to Mykhailo Brodsky, the new head of the State Committee on Regulatory Politics and Enterprises.

Andriy Portnov, newly appointed deputy head of the presidential administration with responsibility for legal reforms, should also be made aware of the legal quagmire that Ukraine’s legal system has sunk into.

Foreign investment and capital are crucial for the modernization of Ukraine’s economy and vital for economically depressed regions such as Transcarpathia. That is why preventing corporate raiding of foreign investors should be a priority for Brodsky and Portnov.

Sunday, 4 April 2010

Ukraine – In Intimidating Move, Police Question Two Journalists, Search Homes, Seize Files

KIEV, Ukraine -- Reporters Without Borders condemns the conduct of the Kiev police in interrogating online journalist and blogger Olena Bilozerska and press photographer Olexiy Furman of the Photolenta agency and searching their homes in the past few days in a bid to obtain information about participants in protests.
Bilozerska and Furman were summoned to a police station, respectively on 30 March and in early March. They were questioned about certain demonstrations by opposition activists that they covered in February. Their interrogation came three days after police armed with search warrants searched their apartments and examined the contents of their computers.

Two DVDs with photographs were taken from Bilozerska's apartment. Two computers system blocks, four cameras (with no film inside) and about 50 DVDs were removed from Furman's. All of Furman's material was later returned to him.

“We deplore the way these two journalists have been treated as suspects, not as witnesses, although they just did their job by covering a news event. The confiscation of journalists' files is a violation of Ukrainian law. We urge the police to respect the law and to put a stop to practices of this kind, which endanger media freedom.”

The press freedom organisation added: “We demand the immediate return of Bilozerska's DVD-ROMs. We also note that the methods employed by the police seem to have been designed in part to encourage journalists to censor themselves.”

Bilozerska and Furman said the police were above all looking for photos, video footage and print materials of members of the radical opposition movement “Autonomous Resistance”.

They removed photos of demonstrators who threw eggs with paint in them and smoke grenades in a Kiev shop that sells furs on 18 February in a protest against the killing of animals. One of the protestors was arrested at the time.

Furman was himself detained for three hours on the day of the protest, along with the protestor, and his photos were examined by the police. At the same time, he was prevented from seeing his lawyer, who was waiting in the street outside.

Bilozerska's lawyer, Sydir Kyzin, who went to her home during the 27 March search, said the confiscation of journalistic material violated article 17 of Ukraine's media law, which says: “Journalists may not be arrested or detained because of their professional activity, nor may their material be confiscated.”

During Bilozerska's interrogation on 30 March, the police promised to return her DVDs in the next few days. Furman's material was all returned to him the same day after the police had copied his photos.

Bilozerska told Reporters Without Borders she took great care when covering this kind of demonstration not to photograph the faces of the participants so that no one would be compromised by the photos. Furman said he did the same. Bilozerska and Furman said they were grateful for the support she has been getting from her fellow journalists.

Monday, 15 February 2010

IKEA fires top managers of Russian branch over bribes

General Director for IKEA in Russia and the CIS Pierre Kaufman and General Director for IKEA MOS Retail and Property Stefan Gross have been relieved of their duties, quoting the company's press secretary Oksana Belaichuk.
IKEA's Swedish group found that their Russian division had "cases of tolerance towards their contractor's corrupt actions". Kommersant reports that the issue was over an alleged bribe given by IKEA's contractor for providing power to a Mega shopping mall in St Petersburg. The name of the company is not being released, citing an ongoing investigation.
"Although the actions taken on Friday are unprecedented for a global corporation, but IKEA is committed to taking a firm stance on such issues," the press office reemphasized. "Our company has a strict business ethics code and specific rules that are mandatory not just for our employees' but for all of our business partners as well. These rules are the same for all countries of the world, and Russia is no exception."
Neither Kaufman nor Gross could be reached for comment. Kommersant daily quoted Belaichuk as saying both men were currently outside of Russia.
"We're deeply disappointed and upset. Any tolerance shown towards corruption is unacceptable for IKEA. That is why we consider the situation at hand intolerable, and we will act quickly and definitively," said IKEA's President Mikael Ohlsson.
Kaufman was responsible for development in Russia since 2006, and Gross worked in Russia since 2009, although has been employed overall with IKEA since 1999. According to Belaichuk, the mangers were informed that their contractor is using corrupt methods, but no action was taken.
The first IKEA store opened in Russia in 2000.
IKEA is the largest world retail chain that sells furniture and household items. It runs 11 stores and 13 Mega shopping malls throughout Russia, not only in Moscow and St.Petersburg, but also in Kazan, Nizhniy Novgorod, Yekaterinburg, and Novosibirsk.

Thursday, 19 November 2009

Rights groups want Russia lawyer death investigated

MOSCOW - Human rights groups have called for an independent investigation into the sudden death of a 37-year-old witness in a Russian legal battle over tax fraud. Sergei Magnitsky, a suspect in a tax evasion case against Hermitage, once Russia's biggest investment fund, died of heart failure in prison on Monday, state prosecutors said.Magnitsky's lawyer had complained that he had been denied medical attention during almost a year in custody, and on Wednesday called for an investigation into whether the state had failed to provide the necessary care.Russia's Interior Ministry's investigative committee has said it had not been aware of any serious health problems."If it is true that Magnitsky complained about his health and was in a facility that did not have a prison hospital ... it is more than troubling," said Allison Gill, Moscow director of New York-based Human Rights Watch."When someone dies in custody, international standards state the burden is on national governments to explain the circumstances of the death," she said, adding that an investigation should be launched.A second human rights expert said the Russian system tended to keep prisoners in jail regardless of health -- a situation that needed to be reformed."It wasn't necessary to keep him (Magnitsky) in jail -- just to make some restrictions on his freedom of movement within Moscow," said Valery Borshchev, a Russia-based human rights and prison rights activist.Magnitsky was a former legal adviser to Hermitage's co-founder Bill Browder who fell out with Russian authorities after publicly berating big companies over their treatment of minority shareholders.The U.S.-born hedge fund manager was denied entry into Russia in 2005 on national security grounds and has since waged a corporate and legal war against the country.He has accused Russian officials of taking cash from the state budget and has in turn been accused of tax evasion -- a case that also implicated Magnitsky and led to his arrest in November last year on conspiracy charges.

Tuesday, 17 November 2009

Russia police corruption row rages on

The political storm triggered in Russia over accusations of police corruption is still rumbling on.
It all started when a major in the Militia, as Russia's police force is still known, went public this week with details of alleged corruption among his fellow officers in the southern Russian city of Novorossiysk.
Alexei Dymovsky had many complaints about his superiors, but perhaps the most serious was that they deliberately fabricated cases to suggest clear-up rates were improving.
What was even more shocking was that he posted his concerns on the video-sharing site YouTube for Russia and the rest of the world to see.
In the video, he called upon the Russian leadership to make the law enforcement agencies act properly. His superiors were furious, and the fallout has begun.
Mr Dymovsky has now been suspended, and his colleagues and former officers from the Novorossiysk police garrison accused him of "slinging mud at achievements accumulated over the years".
He was, they said, a "disgruntled man, denigrating the effort of honest officers".
They have threatened him with libel charges.
Meanwhile, the Russian Interior Minister, Rashid Nurgaliyev, has ordered an inquiry, and the Prosecutor General's Office has also taken an interest.
The authorities have acknowledged that the problems described by Major Dymovsky are widespread and far from new.
As a journalist working for the official magazine of the Soviet police in the 1980s, I heard many stories about the "pressers" - those bullying senior officers, motivated by careerism, leaving trampled people in their wake as they progressed through the ranks.
I heard dozens of stories of junior officers forced to write humiliating self-denunciations for failing to reach performance targets.
Arguably, Maj Dymovsky's greatest mistake was to voice what everybody in Russia already knows.
But what motivated him to do so?
There has always been a category of professional complainers in Russia, people convinced that the "kindly Tsar" knows nothing of the corruption permeating everything everywhere else.
So, Maj Dymovsky called upon President Medvedev and Prime Minister Putin directly for help, bypassing both his own managers and the Interior Ministry, which controls the Militia.
Fate has not always been kind to Russia's complaining class. In Soviet times, many of them ended up in psychiatric hospitals.
Things are easier now, of course, but there are still plenty of conspiracy theories as to why Maj Dymovsky behaved as he did.
It has been suggested that he was acting on behalf of former police officers with their own grudges and agendas, or - the most serious thing you can be accused of in Russia these days - he was acting on behalf of western intelligence agencies or non-governmental groups.
Maj Dymovsky denies this.
Mr Medvedev and Mr Putin are unlikely to agree to Maj Dymovsky's request for a personal meeting.
It would be a public humiliation for the interior minister who has repeatedly pledged personally to tackle every case of corruption in the militia.
Yet it might just convince a rather cynical public that Mr Nurgaliyev is serious, were he to hold an open meeting with Maj Dymovsky to listen to his accusations in person.
Russia has conducted campaigns against corrupt police officers before.
From 1982-1986, a time of authoritarian Soviet rule, some 200,000 officers were dismissed.
The method was simple: those visibly living beyond their means were asked to write resignation letters. As an alternative, they were offered a spell behind bars.
So what is stopping Russian leaders from adopting similarly harsh tactics?
The respected Russian political analyst, Alexander Goltz, says: "The staircase needs to be swept from the top.
"If the state can use the police to bankrupt the oil giant, Yukos, every neighbourhood police officer understands he can do whatever he wants to the shop owner opposite."
Russia's recent experience suggests that the state is quite picky about who is labelled corrupt.
In 2008 an MP, Alexander Khinshtein, accused one of Russia's most senior judicial officials, Alexander Bastyrkin, Head of the procurator's investigative committee, of having private business interests - in contravention of the law.
Mr Khinshtein invited the official to sue him, or to resign. He did neither.
At the two men's next public meeting, Mr Bastyrkin announced that he had "explained himself to the country's leadership, and that's the only explaining he needed to do".
Russia's leadership likes to flag up its major achievement - "stability". Yet more and more Russians compare the current era with the zastoi of the late Brezhnev period.
Zastoi is Russian for stagnation, but it also refers to the crushing dullness, the emptiness, of life.
Russia now has little of the desire for reform and change that characterised society in the late 1980s.
The national mood won't allow it.
That's why it's thought that Alexei Dymovsky's demarche will have little if any effect.

Sunday, 15 November 2009

Russia police corruption row rages on

The political storm triggered in Russia over accusations of police corruption is still rumbling on.
It all started when a major in the Militia, as Russia's police force is still known, went public this week with details of alleged corruption among his fellow officers in the southern Russian city of Novorossiysk.
Alexei Dymovsky had many complaints about his superiors, but perhaps the most serious was that they deliberately fabricated cases to suggest clear-up rates were improving.
What was even more shocking was that he posted his concerns on the video-sharing site YouTube for Russia and the rest of the world to see.
In the video, he called upon the Russian leadership to make the law enforcement agencies act properly.
Disgruntled man?
His superiors were furious, and the fallout has begun.
Mr Dymovsky has now been suspended, and his colleagues and former officers from the Novorossiysk police garrison accused him of "slinging mud at achievements accumulated over the years".
He was, they said, a "disgruntled man, denigrating the effort of honest officers".
They have threatened him with libel charges.
Meanwhile, the Russian Interior Minister, Rashid Nurgaliyev, has ordered an inquiry, and the Prosecutor General's Office has also taken an interest.
The authorities have acknowledged that the problems described by Major Dymovsky are widespread and far from new.
As a journalist working for the official magazine of the Soviet police in the 1980s, I heard many stories about the "pressers" - those bullying senior officers, motivated by careerism, leaving trampled people in their wake as they progressed through the ranks.
I heard dozens of stories of junior officers forced to write humiliating self-denunciations for failing to reach performance targets.
Arguably, Maj Dymovsky's greatest mistake was to voice what everybody in Russia already knows.
But what motivated him to do so?
There has always been a category of professional complainers in Russia, people convinced that the "kindly Tsar" knows nothing of the corruption permeating everything everywhere else.
Appeal to leaders
So, Maj Dymovsky called upon President Medvedev and Prime Minister Putin directly for help, bypassing both his own managers and the Interior Ministry, which controls the Militia.
Fate has not always been kind to Russia's complaining class. In Soviet times, many of them ended up in psychiatric hospitals.
Things are easier now, of course, but there are still plenty of conspiracy theories as to why Maj Dymovsky behaved as he did.
It has been suggested that he was acting on behalf of former police officers with their own grudges and agendas, or - the most serious thing you can be accused of in Russia these days - he was acting on behalf of western intelligence agencies or non-governmental groups.
Maj Dymovsky denies this.
Mr Medvedev and Mr Putin are unlikely to agree to Maj Dymovsky's request for a personal meeting.
It would be a public humiliation for the interior minister who has repeatedly pledged personally to tackle every case of corruption in the militia.
Yet it might just convince a rather cynical public that Mr Nurgaliyev is serious, were he to hold an open meeting with Maj Dymovsky to listen to his accusations in person.
History
Russia has conducted campaigns against corrupt police officers before.
From 1982-1986, a time of authoritarian Soviet rule, some 200,000 officers were dismissed.
The method was simple: those visibly living beyond their means were asked to write resignation letters. As an alternative, they were offered a spell behind bars.
So what is stopping Russian leaders from adopting similarly harsh tactics?
The respected Russian political analyst, Alexander Goltz, says: "The staircase needs to be swept from the top.
"If the state can use the police to bankrupt the oil giant, Yukos, every neighbourhood police officer understands he can do whatever he wants to the shop owner opposite."
Russia's recent experience suggests that the state is quite picky about who is labelled corrupt.
In 2008 an MP, Alexander Khinshtein, accused one of Russia's most senior judicial officials, Alexander Bastyrkin, Head of the procurator's investigative committee, of having private business interests - in contravention of the law.
Mr Khinshtein invited the official to sue him, or to resign. He did neither.
At the two men's next public meeting, Mr Bastyrkin announced that he had "explained himself to the country's leadership, and that's the only explaining he needed to do".
Russia's leadership likes to flag up its major achievement - "stability". Yet more and more Russians compare the current era with the zastoi of the late Brezhnev period.
Zastoi is Russian for stagnation, but it also refers to the crushing dullness, the emptiness, of life.
Russia now has little of the desire for reform and change that characterised society in the late 1980s.
The national mood won't allow it.
That's why it's thought that Alexei Dymovsky's demarche will have little if any effect.

Sunday, 11 October 2009

Medvedev’s Corruption Drive Nets Small Fish

A yearlong campaign against corruption has allowed law enforcement officials to tally up thousands of cases, but major successes have been elusive.
President Dmitry Medvedev submitted a package of anti-corruption laws to the State Duma in October 2008.
In the first half of 2009, the Prosecutor General’s Office uncovered more than 11,000 violations of the law on state service, including on income declarations, Prosecutor General Yury Chaika said at a meeting Wednesday. Authorities at all levels of government are committing violations, with officials owning large stakes in companies and holding positions in commercial structures.
This year, 532 government officials have been convicted on corruption-related charges, as have 764 law enforcement officials. Some 6,000 cases are under investigation, he said.
Among those snared were some high-ranking individuals: the acting deputy prime minister of Karelia, the chairman of the Stavropol legislative assembly, and deputy governors in the Kurgan, Oryol and Volgograd regions, Interior Minister Rashid Nurgaliyev said at the meeting.
A federal deputy minister was illegally running a business as the sole founder of a limited liability company, Chaika said, although he closed shop after prosecutors got involved.
Duma Deputy Alexander Khinshtein and one other lawmaker identified the federal government’s violator as Oleg Savelyev, the deputy economic development minister overseeing the special economic zones. The Economic Development Ministry declined comment.
Prime Minister Vladimir Putin’s spokesman, Dmitry Peskov, declined to comment on complaints about specific officials, saying only that the fight against corruption was important.
A criminal investigator in the Interior Ministry’s central office said high-ranking officials have been detained with increasing frequency for violations of the law on state service but for the most part the violations had been minor.
The figures from the Prosecutor General’s Office and Interior Ministry really are insignificant violations of the law on state service, agreed Mikhail Grishankov, a United Russia deputy in the State Duma and deputy head of the Security Committee.
Viktor Ilyukhin, a Communist who serves as deputy head of the Duma’s Constitution and State Affairs Committee, said midlevel officials were responsible for the increases, which allowed the state to meet its national target for catching bribe takers. Even the deputy minister mentioned by Chaika kept his post, he said.
Gennady Gudkov, a Just Russia deputy who also sits on the Security Committee, said the changes were only noticeable at the regional level, with the discovery of corrupt mayors, deputy governors, regional officials and local lawmakers.
On the federal level, however, there’s a caste of officials who are untouchable and the corrupt among them will remain untouched, Gudkov said.
Grishankov agreed, saying that unfortunately a lot of evidence would not be investigated or uncovered for political reasons.

Sunday, 2 August 2009

Will Pukach’s Arrest Solve Gongadze Case?

KIEV, Ukraine -- Roman Kupchinsky says Yushchenko apparently needs a spectacular show to regain his lost popularity and the arrest of Pukach could be the answer to his prayers on Hoverla Mountain in the Carpathian Mountains.
The Ukrainian justice system has many ways of pulling the wool over your eyes. At first glance, everything seems to be in perfect order. Prosecutors, according to the law, refrain from discussing the details of ongoing cases, which are later dropped due to a mysterious lack of evidence. Judges remain clean and untouchable, until they are selectively exposed for taking graft, and no high-profile cases are ever brought to trial.In many ways it is a carbon copy of the Russian justice system, a system manipulated by those in power to protect those who promulgate the rampant corruption that has overwhelmed Russia.Is the Ukrainian justice system willing to prosecute Oleksiy Pukach, the former head of the Interior Ministry’s investigation department, who was recently apprehended by the State Security Service (SBU) in an obscure village in Zhytomyr Oblast? He is alleged to be the murderer of Internet journalist Georgiy Gongadze in 2000. Will the prosecutor’s office have the will to learn from Pukach who ordered the murder of Gongadze and tell Ukrainians the truth? Will President Victor Yushchenko allow them to do so?The bitter truth is hard to swallow.For years, the current president of Ukraine has promised to solve the Gongadze murder and, for various undisclosed reasons, has not been able to fulfill his multiple promises. Now that the January 2010 election campaign has begun, Pukach was suddenly arrested and has allegedly told the prosecutor’s office who ordered the killing and where Gongadze’s severed head is hidden. But, as always, the prosecutor’s office sticks to legal procedures and refuses to disclose who Pukach named. Everything appears to be consistent with the law of the land. Yet… and there always seems to be a yet.Ukrainians have learned the hard way not to trust their leaders or their criminal justice system. Many continue to believe that it was former President Leonid Kuchma who ordered, or suggested, that Gongadze “be removed.” Yushchenko is still widely suspected of giving Kuchma immunity from prosecution in exchange for allowing the third run-off vote in the contested 2004 elections. The alleged pledge to Kuchma might not be operable today. Some suspect that Yushchenko is finally willing to throw the old, discredited former president, to whom he once pledged total loyalty, to the dogs.While I have no love for Kuchma and his gang, I am beginning to have less love for Yushchenko and his gang.Yushchenko is not known to keep his word on many issues. So why should he change his moral standards now?Today, Yushchenko apparently needs a spectacular show to regain his lost popularity and the arrest of Pukach could be the answer to his prayers on Hoverla Mountain in the Carpathian Mountains, where he recently announced his bid to run for re-election.But it is not only Yushchenko who is interested in the final outcome of the Pukach affair. Rada speaker Volodymyr Lytvyn, whose voice was allegedly recorded on the Mykola Melnychenko tapes as urging Kuchma to deal forcibly with Gongadze, is also scared of what Pukach might reveal. Lytvyn has also announced his presidential bid. Any revelations by Pukach that he was an active co-conspirator in the Gongadze murder would destroy his chances forever and make him liable to criminal charges.The SBU appears to be a willing tool in the hands of Yushchenko. And while many rank and file SBU officers are decent men and women, the leadership is beholden to the president of the country. The deputy head of the SBU, Yushchenko appointee, Valery Khoroskovsky, appears to understand intelligence and criminal investigation as much as a wolf understands astronomy.This blend of political intrigue, self interest and convenient image building could be another disastrous last straw attempt by Yushchenko to remain in power. It can also extract a heavy price on Ukraine’s credibility around the world

Human Rights Activist Recalls Beating At Hands Of Gongadze Suspect

KIEV, Ukraine -- Also a victim allegedly of Oleksiy Pukach, Oleksiy Podolsky doesn’t believe Ukraine’s leaders want to solve the Georgiy Gongadze case.
Oleksiy Podolsky cannot forget the perverse joy that Oleksiy Pukach took in strangling him nine years ago, just three months before the Sept. 16, 2000, kidnapping and murder of journalist Georgiy Gongadze.“Unlike the other officers who were beating me, it seemed like Pukach was not just carrying out orders, but getting delight in doing so. He took off his belt and tightened it around my neck. I saw pleasure on his face. That was the same he [allegedly] did with Gongadze.”Pukach, a key suspect in the Gongadze case, was arrested on July 21 in rural Zhytomyr Oblast. The former Interior Ministry general’s detention ended nearly six years on the run for the man who allegedly organized Gongadze’s kidnapping and strangled him with his own hands. Three of his ex-subordinates, all police officers at the time, have been convicted and sentenced to 12-13 years in prison for their role in the murder. The three convicted are Mykola Protasov, Valeriy Kostenko and Oleksandr Popovych.The big question now is whether Pukach will identify those who ordered the murder of Gongadze, whose investigative journalism had angered ex-President Leonid Kuchma and former high-ranking members of his administration.Podolsky, whose human rights activists had also run afoul of the Kuchma administration, does not think that Pukach’s arrest will solve the case. He sides with those who dismiss Pukach’s arrest as a re-election campaign stunt by President Victor Yushchenko.“Pukach’s arrest was a clever stroke of the coming election campaign. Those who helped him to hide once, gave him up today.” Podolsky said. “I do not believe he could have been hiding for six years under his own name and nobody could find him. It’s nonsense! There was just no political will to show him earlier because all of our politicians were born amid the surroundings of Kuchma, including Yushchenko.”Podolsky thinks the political will to solve the Gongadze case may have died with former Interior Minister Yuriy Kravchenko, Pukach’s boss. Kravchenko died of two gunshot wounds to the head on March 4, 2005, the day he was supposed to give testimony to investigators in the Gongadze case.The official ruling that Kravchenko committed suicide has always been in dispute.“If they were interested in letting people know the truth, they would not have let Kravchenko die in the first days of Yushchenko’s presidency,” Podolsky said. “They quickly let Kravchenko’s body be cremated, just not to let [independent forensic] medical experts prove it was not a suicide,” Podolsky said. “Pukach is just a pre-election [chess] move.”Exposing the truth about who ordered Gongadze’s murder would also reopen the events described on the Mykola Melnychenko tapes. Those voluminous tapes were recorded by Melnychenko, Kuchma’s former bodyguard. They purportedly show Kuchma having a conversation with his top assistants – including current parliament speaker Volodymyr Lytvyn (then presidential chief of staff) and Kravchenko, among others – about the need to silence Gongadze.But the Gongadze murder was only one of many high-level crimes allegedly captured by the tapes. The 700-plus hours of recordings purportedly covered events in 1999 and 2000. If true, they show that Kuchma ran the nation like a mafia boss by plotting to harass political enemies, ordering the rigging of the 1999 presidential election in his favor and discussing corruption of other officials.Kuchma has denied the allegations. A succession of prosecutors, meanwhile, has stalled for nine years on authenticating the Melnychenko tapes, much less confirming or refuting the events described on them through credible, aggr-essive and competent investigations. But many others note that events described on the Melnychenko tapes mirrored actual events, including Gongadze’s murder, lending credibility to their authenticity.Podolsky is among those who suspect that Yushchenko privately offered Kuchma immunity in the Gongadze case and possibly involving other events, perhaps in exchange for allowing the 2004 Orange Revolution to end peacefully with the Dec. 26, 2004, election of Yushchenko as president.“When the Prosecutor General’s Office does not want to surrender Melnychenko’s tapes for international independent expert examination, it proves Yushchenko’s guarantees to Kuchma,” Podolsky said. “If it is proved that the tapes are authentic, we’ll establish evidence of the crimes against Gongadze and Podolsky” and many others, including privatization scandals and election fraud, he said.Like Gongadze did with his investigative reporting, Podolsky evidently ran afoul of the Kuchma administration with his human rights activity.As he does now, Podolsky in 2000 had been working as a political scientist at Ukrainian Initiative political fund and We, a Kyiv-based human rights organization that had been criticizing Kuchma’s regime in articles and booklets.On June 9, 2000, Podolsky was kidnapped the same way and by the same car as Gongadze was three months later.“I was walking down Lviv Square in Kyiv. At 10:30 p.m. there stopped a Hyundai Sonata. Inside were Pukach and two officers from the Interior Ministry’s Criminal Investigation Department – Major Oleh Marynyak and Colonel Mykola Naumets – [convicted on May 8, 2007, by the Kyiv City Appellate Court].” Podolsky said. “When I got into the car, I was immediately hit. They took away my wallet, my passport and my glasses so that I could not see where we were going.”What later happened to Gongadze, Podolsky charged, was almost exactly what Pukach and his team had done to him.Podolsky said his kidnappers took him 130 kilometers from Kyiv to the woods of Petrivka village in Chernihiv Oblast. They beat him and threatened to kill if he continued writing articles against the Kuchma regime.The police ordered him to dig his own grave.“Marynyak showed me a spade and a gasoline can to burn my body. He told I would be digging my own grave if I would do anything against Kuchma and the Interior Ministry.” Podolsky said. “But when he was taking a can out of the car, I heard it was empty. That is when I understood it was all a theatrical performance going on. Unfortunately, with Gongadze it was not.”Even though Podolsky still is involved in human rights work for the same organization, he no longer is afraid of being kidnapped or killed for his work. He is simply not a threat to anyone in power, he said.“The Melnychenko tapes prove that Kuchma ordered then Interior Minister Yuriy Kravchenko” to murder Gongadze, Podolsky said. “On the tapes we may also hear Kravchenko’s report on the Podolsky beating.”Pukach may still be tried with Podolsky’s kidnapping now.Podolsky said his kidnapping – and its resemblance to Gongadze’s murder -- has made it more difficult for him to get jobs. “First I was taken in by employers and the next day they changed their minds. It means they are afraid themselves. It means it is not safe to express political views in Ukraine,” he said.Over the years, journalists outside of Ukraine have taken a much greater interest in Podolsky’s story than journalists inside the nation.“They do not invite me because they know what I will say and whom I will blame, such as Kuchma and the late Kravchenko. That is a sign there is no freedom of press in Ukraine. They just do not want to hear me,” Podolsky said. “But while Ukrainian media were keeping quiet, many of my colleagues from My (We) human rights organization had been warned or killed. First Serhiy Odarych, the mayor of Cherkasy, was warned, then he was shot in the back. Luckily he lived. Then Oleksandr Yakymenko, my friend and deputy of the local Donetsk board, the head of the representative office of “My,” was killed. The flat of the other “My” representative, Serhiy Kudryashov, set on fire. Nobody cared. There is no political will to care in Ukraine.”

Wednesday, 29 July 2009

Requiem for a republic









The killing of Natalya Estemirova comes as a hammer blow to hopes of peace and stability in Chechnya - where she documented human rights abuses, house burnings and disappearances - and the wider North Caucasus.
A prominent activist for the human rights group Memorial, a 50-year-old single mother and the widow of a Chechen policeman, Estemirova was abducted and killed on Wednesday July 15. Her body was dumped, execution-style, near a major highway in neighbouring Ingushetia.

The killing prompted outrage in Chechnya and around the world.
Estemirova is the latest critic of Chechen President Ramzan Kadyrov to wind up dead, and this has prompted speculation of involvement by some in his regime - or of people seeking to discredit him. In death, Estemirova followed fellow human rights activists - journalists Anna Politkovskaya, Anastasia Baburova and lawyer Stanislav Markelov - who colleagues say died because of their work connected to Chechnya.
The result is likely to be a new destabilisation of Chechnya and surrounding republics, as an atmosphere grows of fear and extrajudicial punishments. Kadyrov's rule may well come under increased pressure as authorities see his regime as either out of control, or unable to control the situation.
The Kremlin's dilemma
The Kremlin's problem is both simple and seemingly intractable: it installed Kadyrov and turned a blind eye to his methods. Kadyrov knows he's the only horse in the race, and Moscow feels it must back him no matter what. To replace Kadyrov with another official - such as in neighbouring Ingushetia, where Medvedev's new choice for governor was nearly killed in an ambush two weeks ago - would be practically unthinkable for the Kremlin, given the alternative of chaos and a renewed civil war.
Oleg Orlov, the head of Memorial, lashed out after the killing, saying Kadyrov bore the responsibility for Estemirova death.
"I know, I am certain who is behind the murder of Natasha Estemirova. We all know this person. His name is Ramzan Kadyrov," Orlov said in a statement posted on Memorial's web site. "Ramzan has already threatened Natalya.... We do not know if he personally gave the order or if his close colleagues did this to please their boss. Meanwhile, President Dmitry Medvedev is apparently fine with having a killer as the head of a Russian region."
Medvedev expresses outrage
Medvedev expressed outrage at the killing, but, pressed about his reaction during a press conference after his meeting with German chancellor Angela Merkel, said that blaming Kadyrov was "primitive."
"Those who carried out this evil deed, this crime, were counting on [provoking] the most primitive and the most unrealistic scenarios for the government," Medvedev said. "This is a provocation. I am certain that this crime will be solved and those who committed it will be punished in accordance with Russian criminal law."
Kadyrov reacted strongly to the accusations against him.
"The search for the criminal will be carried out not only as part of the official investigation, but unofficially, in line with the traditions of Chechens," RIA Novosti quoted Kadyrov as saying Wednesday evening. This is not the first time that Kadyrov - directly or indirectly - referred to a blood feud. In April he suggested this was a possibility in investigating the killing of Sulim Yamadayev, a former warlord shot down in Dubai in March.
At a news conference on Thursday, Orlov accused Kadyrov of the killing, saying that he had threatened his colleague. Orlov cited an incident when Estemirova, who had spoken out against forcing girls to wear headscarves in Chechnya, was summoned by Kadyrov and insulted and threatened by him.
On another occasion, he said, Nurdi Nukhazhiyev, a Chechen human rights official, said that what Estemirova had uncovered had caused "indignation at the very top of the government of the Chechen republic." The official then reportedly warned him that her activities were endangering her life.
Islamic burial
Estemirova was buried in line with Islamic tradition before sunset on Thursday, in a cemetery in her ancestral village, Koshkeldy, in Chechnya's Gudermes district. A funeral procession of 200 people was broken up by paramilitary police, who said it might turn into a demonstration.
According to Orlov, Kadyrov had indicated that he preferred any human rights abuses uncovered by Estemirova to be reported to Kadyrov privately, without publicity.
Kadyrov's press service said that the Chechen president phoned Orlov and told him that the allegations he was making were "unethical."
"You are not a prosecutor, or a judge, or an investigator," Kadyrov reportedly said to Orlov on his cellphone and insisted that he had nothing to do with her death, according to RIA Novosti. "I think that you should think about my rights as well, before you tell all the world that I am to blame for Estemirova's death."
On Friday, Kadyrov said he would file a lawsuit against Orlov for defamation. Kadyrov's lawyer, Andrei Krasnenkov, would file the lawsuit in Moscow once he had prepared it.
Kadyrov was not the only official accused. Lyudmila Alexeyeva, of the Moscow Helsinki Group, said that Prime Minister Vladimir Putin was to blame because, while he was president, he brought Kadyrov to power and was his chief benefactor.
Accusation denied
Putin's spokesman, Dmitry Peskov, said these accusations were unfounded. "The pain of losing your colleague is understandable, but nothing can serve to justify such nonsense," he said of the allegations against Putin, who had not made any official statements about the murder because, as Peskov said, prosecutors and investigators answer to the president, not the prime minister.
No one should doubt that such a murder can elicit nothing but outrage" Peskov continued, adding that Putin was doing all he could in his current capacity as prime minister "to get these crimes solved." The prime minister felt "deep respect" for organisations such as Memorial, Peskov noted, and that the government should strive to create better working conditions for them.
Kidnappings rise
Estemirova had worked on uncovering abuses such as cases where the homes of families were burned down because their relatives, accused of taking part in military groups, would refuse to surrender. She had also said that kidnappings had increased in the last year. According to Memorial, 187 people were kidnapped in 2006, 35 in 2007, 42 in 2009, and already over 75 in the first half of 2009.
On Saturday, Alexander Cherkasov, a member of Memorial, told Ekho Moskvy radio that the group would suspend its work in Chechnya, RIA Novosti reported.
"As long as what we are doing is life threatening for people, we cannot risk it," Cherkasov said.
Kadyrov was in Moscow over the weekend, attending an informal summit with Medvedev and CIS leaders at the city's Hippodrome and watching horse racing there. Kadyrov brought 11 racehorses to the event, and one finished fourth.

Sunday, 26 July 2009

Courts Get $29Bln in Corruption Cases

Twelve corruption cases causing damages of more than 896 billion rubles ($29 billion) were sent to court in the first half of 2009, Investigative Committee head Alexander Bastrykin said Thursday.
President Dmitry Medvedev has made the fight against official corruption a priority, and the announcement appeared to be an attempt to show that the campaign was bearing fruit.
Bastrykin said suspects in the cases included Interior Ministry officials, customs agents, Audit Chamber members, prosecutors and local officials.
He said 106 investigations were currently being conducted by the Investigative Committee, and 66 of them are related to corruption among bureaucrats and law enforcement officers.
He also complained that foreign authorities often do not respond quickly to the Investigative Committee’s inquiries.
Bastrykin provided scarce details about the cases that have been sent to court in the first six months of this year. The dozen cases consist of 23 defendants, he said. Five of the cases involve accepting bribes, two are for fraud and the rest are offenses ranging from misappropriation to obstruction of justice.
Last month, Bastrykin told prosecutors that he ordered former investigator Dmitry Dovgy in 2007 to investigate Deputy Finance Minister Sergei Storchak for attempting to embezzle $43 million, despite Dovgy’s objections.
Bastrykin was speaking at Dovgy’s trial on charges of accepting a 750,000 euro bribe to halt a separate embezzlement investigation. On July 31, Moscow City Court sentenced Dovgy to nine years in prison.

Wednesday, 22 July 2009

Fugitive Officer Held In Ukraine Reporter's Murder


KIEV, Ukraine -- A fugitive top policeman charged in the murder of an investigative reporter in Ukraine that triggered a protracted political crisis has been arrested, Ukrainian security forces said Wednesday.

Senior officials said they hoped the arrest Tuesday evening of Oleksiy Pukach would shed light on who ordered the 2000 murder of Georgy Gongadze, head of an internet news agency highly critical of then-president Leonid Kuchma.Pukach, a former general and top interior ministry official, had been on the run since 2003. He was charged in absentia with the murder of Gongadze, whose headless corpse was found outside Kiev two months after he disappeared in September 2000.President Viktor Yushchenko established as a top priority the solving of Gongadze's murder after being swept to power by pro-Western "Orange Revolution" rallies in 2004.Three policemen were arrested soon after and last year were sentenced to long prison terms. But it has not been established who ordered the murder."I believe this time it will not be underlings brought to justice, but those who ordered the murder," Prime Minister Yulia Tymoshenko told reporters after a cabinet meeting.Yushchenko's spokeswoman said prosecutors believed Pukach had been in charge of a unit of police that tracked the reporter's movements before he was killed.Tapes produced by the speaker of Ukraine's parliament, Oleksander Moroz, purported to show that Kuchma as president had ordered the reporter's murder in discussions in his office.But Kuchma, accused by the opposition and rights groups of hobbling the independent media, denied the allegations and his involvement was never proven.Yuri Kravchenko, the interior minister of the time also implicated by the tapes. He was found shot dead at his country home, in what investigators said was a suicide, within days of Yushchenko vowing to punish those behind the murder.