The executive director of “Institute of mass information Oksana Romanyuk called the general prosecutor’s office to abstain from making pressure on the Novoe Vremya weekly. Oksana Romanyuk told it to Radio FreeEurope. She added there are three remarks as to the resolution issued by the Kyiv Pechersk distric court.
“First of all, in conformity to the “Law on information” the journalist has right not to disclose the source of information or any information which allows to disclose the source of information, (unless there is no the ruling of the court on this issue). In conformity to the trial jurisdiction of the European court on human rights, one should adopt such a resolution only after having been acquainted with the case and solely in the case when there was no other mean to proceed, unless to disclose the source of information. This is an extreme case, if all other means have been exhausted.
Hic, the judge failed to take into account that this measure concerned the journalist, the mass media, he just failed to think over it. That’s why there is highly questionable what could be professional level of the judge”, she said.
“Secondly, according to the Code of criminal procedure, the mass media have a special legal status. Thirdly, the journalists are liable for disclosure of secrecy of investigation, because they are fundamentally not liable for disclosure of information, because it is not incumbent to them not to disclose the information, they are not functionaries, they did not sign a written notification on non-disclosure of information. Thus, all public statements on some penal fines are absolutely out of reality and sound like a pressure onto the journalists”, she said.
Also, Romanyuk appealed to the law enforcement bodies and the courts suggesting to work out case law on the access to the documents of the mass media and the journalists.
“We urge the General prosecutor’s office of Ukraine to abstain from making pressure on the Novoe Vremya and from any action which could take effect on disclosure of the sources of information, from implementing of the ruling of the court.
We call the High council of justice of Ukraine to provide an evaluation of professionalism and uprightness of the judge who issued very strange court ruling which could result in search at an independent mass media outlet.
In general, we call the law enforcement bodies and the courts of justice to work out finally the proper caselaw of access to the documents of the mass media and the journalists. As for crying out loud, how many times they will fall into the same trap?! Read please the Code of criminal procedure!” Oksana Romanyuk told.
IMI informed earlier, the February 4th, the Pechersk district court in Kyiv provided the Prosecutor’s general office with an access to the internal documents of the editorial board of Novoe Vremya and to all materials that the journalist Ivan Verstyuk had sent to the addresses of electronic mails of the edition.
The press officer for the GPO Andriy Lysenko informed the investigation officers of the public prosecutor’s office were compelled to obtain the access to the materials of the Novoe Vremya weekly edition at the court of justice, because the holder of the information company “The Publishing house “Media-DK” declined to provide all necessarily materials to the investigation.
February 19th, the Media Movement claimed to consider the actions of General prosecutor’s office and of the Pechersk district court in Kyiv regarding the allowing of access to the materials of the Novoe Vremya as violation of the freedom of speech.