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Act of force against journalist had no legal basis - IMI lawyer

09.10.2020, 13:48
Photo credits: AP/M.Ugarte
Photo credits: AP/M.Ugarte

The act of force the police had recourse to against the freelance journalist with KyivPost and documentary filmmaker Taisiya ​​Kutuzova constituted criminal offense and had no legal basis. 

This was a comment made by the lawyer of the Institute of Mass Information Ali Safarov as to the attack targeting the journalist in the village of Hatne, Kyiv region on October 6.

“The main question is, on the basis of which norm of the law did the police use force against the journalist? After all, such actions hindered legitimate journalistic activity and turned violent towards the journalist, in the course of which the journalist's property was damaged, ” the lawyer said.

According to Ali Safarov, such actions constituted the criminal offenses provided by articles 171, 345-1, 347-1 of the Criminal code of Ukraine. 

"I expect that the official investigation into this incident, as well as the pre-trial investigation over the journalist's complaint, will provide an answer to this question," he said.

In addition, the lawyer reminded that the law on the National Police clearly defines the cases in which the police can use force. 

“And this is definitely not the case of the lawful journalistic activity. I have also to remind you that in compliance with Article 34 of the Constitution of Ukraine, every citizen (including those ones who are not journalists) has the right to freely collect, store, use and disseminate information by oral, written or other means - at their own choice. Restrictions on this right may be defined solely by law and solely in the interests of national security, territorial integrity or public order to prevent riots or crimes, to protect public health, to protect the reputation or rights of others, to prevent the disclosure of confidential information. or to maintain the authority and impartiality of justice, ” the lawyer said. 

He also noted that in addition, the part 25 of the Law of Ukraine "On Information" stipulated that while performing one’s professional duties, the journalist has the right to make written, audio and video recordings using the necessary technical means, except the cases as provided by law.

As IMI reported, on October 6, In the village of Hatne (Kyiv region) on October 6, police attacked Taisiya Kutuzova, freelancer freelance journalist for KyivPost and documentary filmmaker. The incident took place on the street near the territorial election commission of Fastiv district, where the journalist was filming for the documentary “Shut up!” about local activist Serhiy Chagarov. 

On June 1, in the village of Hatne (Kyiv region), the guards of the village council physicaly prevented a freelance journalist Taisia ​​Kutuzovafrom accessing the village council's premises, justifying it by lockdown.

August 14 in the village Gatnoe (Kyiv region) on August 14 the security guards of the village council did not let the journalist-frylanserku Taisiya Kutuzova to the village council.

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