Freedom of Speech Barometer for October 2022
In October, IMI experts recorded eight crimes against freedom of speech in Ukraine. Three of them were committed by Russia against Ukrainian media and journalists.
Russia's crimes include kidnapping, destroying TV towers, as well as the detention of Ukrainian journalist Gulsum Halilova in Istanbul at Russia's request made within Interpol's framework.
At the same time, IMI recorded five cases of freedom of speech violation for which the Ukrainian side is responsible. These include obstruction, restricting journalists' access to public information, and cyber crimes.
These are the monitoring data by the Institute of Mass Information.
In early October, Russian troops destroyed a 150-meter TV tower in Komyshuvakha (Luhansk oblast), which had been providing for the needs of more than 200,000 residents of Luhansk and Donetsk oblasts. The TV tower had been spreading Ukrainian content for a 50 km radius, namely to Popasna, Lysychansk, and Severodonetsk.
In temporarily occupied Starobilsk, militants of the "LPR" group have kidnapped Yulia Rybalka, who once was the press secretary of the Luhansk Energy Association LLC. She is being accused of of "leaking information for directing missile attacks to the Armed Forces of Ukraine." The occupiers threaten the woman with 20 years in prison.
Turkish law enforcers detained Crimean Tatar journalist Gulsum Halilova, who works for ATR, in an airport in Istanbul (Turkiye), fulfilling Russia's request made within Interpol's framework. She was later released and allowed to enter Turkiye. We remind you that on July 12, 2019, the Russian-controlled Kyiv District Court of Crimea in absentia chose custody as a measure of detention ATR TV channel journalist Gulsum Halilova, which would start the moment she is detained on Russian territory or in the event of Halilova's extradition to the Russian Federation. On August 1, the "Supreme Court" of Crimea upheld the decision of the first instance court.
The Russian FSB's Crimean Department opened a criminal case against the Crimean Tatar TV channel ATR's journalist Gulsum Halilova under Article 208 of the Criminal Code of Russia ("Participation in an armed formation on the territory of a foreign state").
The freedom of speech situation in Ukraine for which Ukrainian citizens are responsible
In October, IMI recorded five cases of freedom of speech violation for which the Ukrainian side is responsible. These cases had to do with obstruction, access restriction, and cyber crimes. Such cases were recorded in Kyiv, Poltava, and Cherkasy.
In early October, Ukrainska Pravda journalist Mykhailo Tkach reported SMS-bombing and mass phone calls after the publication of his story "Wartime Fast and Furious. How the capital's residents are being terrorized by street races" on September 28.
Later, he reported obstruction, because on October 10, six men came to the home of his filming crew's driver, asking if he worked with Mykhailo Tkach and where is the office where Mykhailo Tkach works and where "Ukrainska Pravda" is based. On October 13, Tkach reported having been hit by a car. He added that he is "not inclined" to associate this case with his professional work, but pointed out certain details. "Was hit by a car today at a pedestrian crossing. Nothing serious. Bruises. I am not inclined to associate this case with my professional work, but it is also difficult to understand the VAZ driver who sped up in front of a pedestrian crossing and in front of me. Therefore, just in case, I'm recording it here," the journalist wrote back then.
Cases of restricting access to public information occurred in Poltava and Cherkasy. Poltava City Council failed to respond to an information request by local journalist Nadia Trush (regarding the sum from the budget of the Poltava community allocated for covering the work of local self-government bodies) on time, and did not provide the requested information. In another case, the Education Department of the Poltava City Council responded to "Fundament" journalist Nadia Trush about the purchase of stationery sets for first graders belatedly and only after she contacted the Verkhovna Rada Commissioner for Human Rights.
In Cherkasy, "18000" journalist Artur Chemyris was removed from a court session, allegedly due to "investigation secrecy", despite the fact that none of the parties had announced that the session would be held behind closed doors.
Russia's crimes
Capturing and abduction of journalists – 1
1. Militants in occupied Starobilsk kidnap former Luhansk Energy Association spokeswoman
13.10.2022 In temporarily occupied Starobilsk, militants of the "LPR" group have kidnapped Yulia Rybalka, who once was the press secretary of the Luhansk Energy Association LLC.
This is reported by Starobilski Novyny.
The militants accuse the woman of "leaking information for directing missile attacks to the Armed Forces of Ukraine."
This is reported by Russian propaganda resources, which published a video of Yulia answering the invaders' questions during an interrogation.
According to pro-Russian propaganda media, the woman is being accused of "gathering information for the Ukrainian special services," namely "for the purpose of aiming the fire to hit civilian objects" in the "LPR." The occupiers threaten the woman with 20 years in prison.
As IMI reported, Russia has officially confirmed the detention of human rights activist Maksym Butkevych.
Shelling and taking over TV towers – 1
1. Occupiers destroy a TV tower covering over 200 thousand clients in Luhansk oblast
04.10.2022 Russian troops destroyed a 150-meter TV tower in Komyshuvakha (Luhansk oblast), which had been providing for the needs of more than 200,000 residents of Luhansk and Donetsk oblasts.
This was reported by the head of the Luhansk RMA, Serhiy Haidai.
The TV tower, which was built over a year ago and paid for by the European Union, had been spreading Ukrainian content for a 50 km radius, namely to Popasna, Lysychansk, and Severodonetsk.
"By the way, it had a 4 x 6 m blue-yellow flag flying at its highest point. It was probably bothering the occupiers as they razed everything to the ground on the Popasna axis," Haidai added.
As IMI reported, on September 22, Russian invaders fired nine missiles at the infrastructure of Zaporizhzhia. One of them fell near the TV tower in the city's center. It was not the TV tower itself that suffered, but the area around it. Namely, the TV center where the editorial office of Suspilne Zaporizhzhia is based was damaged.
Legal pressure – 1
1. ATR journalist Gulsum Halilova detained in Istanbul at Russia's request
28.10.2022 Turkish law enforcers detained Crimean Tatar journalist Gulsum Halilova, who works for ATR, in an airport in Istanbul (Turkiye), fulfilling Russia's request made within Interpol's framework. She has already been released and allowed to enter Turkiye.
People's Deputy of Ukraine Refat Chubarov reported this on his Facebook page.
According to him, the journalist was detained on October 27 at night upon her arrival from Croatia.
"As various sources made clear, the detention was carried out following Russia's request made within the framework of Interpol. As of now, Gulsum Halilova has been released, she was allowed to enter the territory of Turkiye. It is certain that this incident will gain a special traction. Still, I urge those who are discussing this topic to be professional: Interpol requires its member states to follow the procedures. Detention is not the same as arrest and has even less in common with extradition. But in any case, it is humiliating for those who are detained illegally. In this case, based on Russia's false claims," wrote Chubarov.
He added that in the past seven years, he has found himself in circumstances similar to that of Gulsum Halilova twice: he has been detained based on Russia's falsified requests.
Chubarov called to demand that Interpol's member states "immediately deprive Russia of membership in this organization."
In her comment to "Ukrainska Pravda", Halilova said that she had been detained for 17 hours at Russia's request and allegedly due to an entry ban. Now the issue of the ban on her entry to Turkiye is being resolved.
As IMI reported, on July 12, 2019, the Russian-controlled Kyiv District Court of Crimea in absentia chose custody as a measure of detention ATR TV channel journalist Gulsum Halilova, which would start the moment she is detained on Russian territory or in the event of Halilova's extradition to the Russian Federation. On August 1, the "Supreme Court" of Crimea upheld the decision of the first instance court.
The Russian FSB's Crimean Department opened a criminal case against the Crimean Tatar TV channel ATR's journalist Gulsum Halilova under Article 208 of the Criminal Code of Russia ("Participation in an armed formation on the territory of a foreign state").
The Prosecutor's Office of the ARC has opened proceedings following the criminal case against Gulsum Halilova, TV host working for Crimean Tatar channel ATR, and her arrest in absentia.
FREEDOM OF SPEECH SITUATION FOR WHICH UKRAINE IS RESPONSIBLE
Physical aggression
Obstruction of legal journalistic work – 1
1. Mykhailo Tkach reports obstruction of his journalistic work
10.10.2022 Ukrainska Pravda journalist Mykhailo Tkach reported obstruction of his journalistic work.
According to him, on October 10, six men came to the home of his filming crew's driver. Four of them were in military uniform, two wore black.
One of them called himself a policeman and said that the driver was the culprit of an accident on October 10 and had fled the site.
"Then they began questioning the driver's wife about his job: is he the journalist, the driver, or the cameraman. They asked if he works with Mykhailo Tkach. And the most important thing that these men were interested in was where is the office, the office where Mykhailo Tkach works, and where Ukrainska Pravda is based," the journalist noted.
According to him, when the driver's daughter called him and tried to hand the phone over to the men so they could talk to him, they left the driver's family alone and left.
Tkach emphasized that the people were not driving a police car and, according to a neighbor, arrived on foot.
The journalist is convinced that this visit has to do with his team's recent report about racers who disturb the people amidst the war by organizing street races.
"I call on the law enforcement agencies to react. If it's the driver of our filming crew, everyone knows perfectly well who he is, they can easily establish whether there really are any proceedings involving him," the journalist summed up.
As IMI reported, Ukrainska Pravda journalist Mykhailo Tkach reported SMS-bombing and mass phone calls after the publication of his story "Wartime Fast and Furious. How the capital's residents are being terrorized by street races" on September 28.
Censorship. Information access
Information access – 3
04.10.2022 Poltava City Council failed to respond to an information request by local journalist Nadia Trush (regarding the sum from the budget of the Poltava community allocated for covering the work of local self-government bodies) on time, and did not provide the requested information.
Nadia Trush, who is also a regional IMI representative, reported this.
She sent the request on September 12, and only received an answer on October 4.
According to the journalist, the response to the request arrived with a significant delay and only after she published a blog post about getting access to public information from the local authorities, namely about not getting a response to her information request within the legally established deadline. Also, Nadia Trush believes that the answer was given because she informed the head of the Poltava City Council press service that she was preparing a complaint to the Verkhovna Rada Commissioner for Human Rights regarding the lack of an response.
"On September 12, I sent a request to check how the local government communicated with journalists and the community, whether it provided timely answers to information requests. I asked about the sum of money from the budget of the Poltava community allocated for covering the work of local self-government bodies. I did not receive an answer within the five-day period during which I legally should have received it. Only on October 4, after numerous promises that 'it will be there tomorrow' and after I mentioned that I would have to contact the Commissioner for Human Rights of the Verkhovna Rada, I received the answer to my request. However, the sum I asked about was never stated, allegedly due to the fact that the allocated funds have not been spent," said the IMI representative.
As IMI reported, on September 7, the education department of the Poltava City Council responded to a request from Nadia Kucher, a journalist for online media Fundament, by advising her to search for the requested information herself.
2. Poltava City Council responds to journalist's request only after a complaint to the Commissioner
07.10.2022 The Education Department of the Poltava City Council responded to "Fundament" journalist Nadia Trush about the purchase of stationery sets for first graders belatedly and only after she contacted the Verkhovna Rada Commissioner for Human Rights. The journalist told IMI about this.
"This whole story has been going on for a month. On September 7, I wrote a request in which I asked about the sum from the Poltava community's budget allocated for purchasing stationery sets which the city authorities were handing out to first-graders. In response, I heard that 'the requested information is available on the official platform of the Ukrainian online system for public purchases ProZorro,'" Nadiya said.
The journalist said that she called the person who fulfilled the request and informed them about the violation, and also filed a complaint with the Verkhovna Rada Commissioner for Human Rights.
"After complaining to the Commissioner for Human Rights, I finally received a comprehensive answer to my request, with all the information I was interested in," Nadia said.
As IMI reported, on September 7, the education department of the Poltava City Council responded to a request from Nadia Kucher, a journalist for online media Fundament, by advising her to search for the requested information herself.
On October 4, Poltava City Council failed to respond to an information request by local journalist Nadia Trush (regarding the sum from the budget of the Poltava community allocated for covering the work of local self-government bodies) on time, and did not provide the requested information.
3. Cherkasy court removes journalist from a hearing
18.10.2022 In Cherkasy, "18000" journalist Arthur Chemyrys was removed from a court hearing, allegedly due to "investigation secrecy", despite the fact that none of the parties had announced that the hearing would be held behind closed doors. This is reported by "18000".
On October 18, the investigating judge of the Prydniprovsk District Court of Cherkassy, Svitlana Pozaretska, cosidered the appeal filed by an investigator of the Investigative Department of the Cherkasy Oblast National Police; the plaintiff requested that the head of the Cherkasy Regional Red Cross Branch Valery Bezborodov be dismissed from his post. The man is suspected of overestimating the cost of humanitarian aid, which was purchased for donations on the organization's behalf. Law enforcemers believe that Bezborodov involved several entrepreneurs in his illegal machinations, buying food from them at inflated prices.
Before the start of the session, journalist Arthur Chemyrys requested permission to film and take photos at the court session. However, as his petition was being considered, representatives of the prosecution spoke against granting it. Namely, a prosecutor from the Cherkasy Regional Prosecutor's Office appealed to the fact that personal details of the accused (who was not present) may be disclosed during the hearing. An investigator from the Investigative Department of the Cherkasy Oblast NPCD asked to remove the journalist from the courtroom altogether, as "secrets of the investigation" could be disclosed during the hearing, namely the information justifying the motion to remove Valery Bezborodov from his position.
After listening to the parties, Prydniprovsky District Court judge Svitlana Pozaretska granted the investigator's request and removed the "18000" journalist Arthur Chemyrys from the courtroom. Yet, none of the parties had made a request for a closed meeting or discussed the matter separately.
In his comment to IMI, the press service of the Prydniprovsky District Court noted that journalists will be allowed to attend further hearings.
"The court made such a decision, taking into account the absence of the accused and the fact that some of his personal details, including medical diagnoses, would be announced. The hearing itself has not taken place. It was just the preparatory part. Journalists will be allowed to attend further hearings," the court's press service commented.
We remind you that according to part 2 of Art. 27 of the Criminal Procedure Code of Ukraine, criminal proceedings in courts of all instances should be open. The investigating judge or the court may decide to restrict access to a session for persons who are not participants in the court process while quarantine restrictions established by the Cabinet of Ministers of Ukraine according to the Law "On the Protection of the People from Infectious Diseases" are in place, if being present at the court session could pose a threat to someone's life or personal health. However, the investigating judge or the court may decide to hold all or some court sessions in the course of a case in the following circumstances: 1) if the accused is underage; 2) if the court is considering a case regarding a criminal offense against one's sexual freedom and sexual inviolability; 3) if there is a need to prevent the disclosure of information about one's private and family life or circumstances that degrade one's dignity; 4) if conducting proceedings in an open court session may lead to the disclosure of a secret protected by law; 5) if there is a the need to guarantee the safety of the persons participating in the proceedings.
Roman Holovenko, lawyer at the Institute of Mass Information, points out that removing a journalist from the courtroom in such a way does not fit into any of the cases where limiting the publicity of a court hearing is justified under part 2 of Article 27 of the CPC. "No decision was made to hold the court session behind closed doors or to restrict the public attendance for quarantine reasons. As for the filming, in a criminal trial, it is really only allowed to conduct upon the court's permission," said the lawyer.
Internet pressure
Cyber crimes – 1
1. Journalist Mykhailo Tkach reports SMS-bombing after a material about Kyiv street racers
06.10.2022 Ukrainska Pravda journalist Mykhailo Tkach reported SMS-bombing and mass phone calls after the publication of his story "Wartime Fast and Furious. How the capital's residents are being terrorized by street races" on September 28. He wrote about this on his Facebook page.
According to him, he received many text messages and calls from unknown numbers.
"About 200 SMS in half an hour. Calls from Turkish, French, British numbers. [...] Dear racers, I record all conversations, and the numbers from which you or your friends are calling me, too. Saying this just so that there are no surprises for you later," he wrote.
In the story, UP journalists observed street racing enthusiasts in Kyiv in late August – early September. Tkach recalled that on June 26, the Kyiv City Council banned vehicles to move without noise absorbers during martial law.
UP journalists believe that the rumble of the engines of street racing fans in the capital of the country, which lives in war conditions, looks defiant and at least inappropriate at a time when many Ukrainians live with post-traumatic syndrome as a result of Russian aggression.
"We deliberately do not tell, but show what we happened to see on the streets of Kyiv. Because this content obviously does not need any comments, but only a harsh reaction of the relevant authorities and complete disappearance of street races and loud cars from Kyiv streets as a result," the caption to the story says.
Mykhailo Tkach called on the street racers to stop trying to pressure him, and also called on everyone to talk without threats and appeals.
"Stop trying to pressure me, please. Currently, I have been recognized as a victim in seven criminal proceedings, and I do not want to waste time and energy on an eighth. Because it should be and will be as follows. As a journalist, I continue to turn people's attention to the problem – I just show things as they are, even without off-screen comments," he wrote.
IMI has written to Mykhailo Tkach for details about the situation.
Freedom of speech defense
The authorities' response to freedom of speech violations – 1
1. Man suspected of making death threats to journalist Inna Biletska to be tried in Rivne
31.10.2022 The Rivne District Prosecutor's Office sent an indictment against Andriy Buzynarsky, accused of threatening journalist Inna Biletska and her family with violence, to the court. This is reported by the Rivne Regional Prosecutor's Office.
According to the investigation, in August 2018, Andriy Buzynarsky, who was supposed to be under house arrest, was driving a car while intoxicated and eventually got into an accident. When Inna Biletska (Suspilne Rivne producer at that time) arrived at the scene to get his comment, he started making death threats to her and her family. The man even mentioned the method that would be used to carry out these threats, which the victim perceived to be real. "You will be a corpse at best, an invalid at worst. You have any children?" Buzynarsky said to the journalist.
The prosecutor's office sent the indictment to the Rivne City Court.
Andriy Buzynarsky faces up to three years in prison.
As IMI reported, on September 8, 2022, local court arrested Buzynarsky; however, in October, the measure of restraint for him was changed to house arrest. He is being charged with threats of violence against a journalist due to the journalist's legal professional activities (Part 1 of Article 345-1 of the Criminal Code of Ukraine).
A year ago, the investigation in this case slowed down – the police were saying that the prosecutor's office had refused to announce any suspicions, and the prosecutors were saying that no one had reached out to them.
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