Tkach's defence appealed against decision to drop case on Portnov’s threats
The defense of journalist of Skhemy Mykhailo Tkach filed an appeal against decision of police to drop criminal proceedings against Andriy Portnov, who had previously publicly threatened the program and disclosed detailed personal data of its drivers, as Radio Svoboda reported.
The Pechersk District Court of Kyiv has scheduled a hearing on October 7 at 2:30 p.m.
The journalist's counsel Vira Krat found closure of the case to be violation of journalists' rights to defense.
"We find that pre-trial investigation acted illegitimately. The journalist with Skhemy Mykhaylo Tkach has not been questioned as an aggrieved person to this day, almost a year after the case has been opened. Also, the relevant procedural documents on closing the criminal proceedings have not been served. As a result, he was unable to exercise his right to appeal in a timely manner. That is why we seized the Pechersk District Court filing the relevant complaint, ” she said.
Vira Krat also added: “The person who, in our opinion, made a wrongdoing is well known. She does not deny it. Everyone can evaluate the point of that wrongdoing, who reads this person's Telegram. We believe that there are all elements of a criminal offense, and only through criminal prosecution the justice can be rendered and the rights of journalists be defended.”
The lawyer stressed that journalists are counting on judicial control over observance of rights, freedoms and interests, and noted that such actions of law enforcement officers as closing criminal proceedings, do violate the rights of the victim. "We do not know what reasons for the investigation came to conclusion that there was no criminal offense. We strongly disagree with that conclusion and will defend ourselves in the manner prescribed by law, ” Vira Krat commented.
As IMI reported, in September 2020, it became known that National Police abandoned the criminal proceedings against Andriy Portnov, who had previously publicly threatened the editorial board of the Skhemy investigative journalism program and disclosed the detailed personal data of the program's drivers.
The criminal proceedings were registered under two articles of the Criminal Code: “Obstruction to the lawful professional activity of journalists” and “Threat or violence against the journalist”. Proceedings under the first article have been dropped on July 31, and under the second one have been dropped on August 5, 2020. The cases were dropped "due to the absence of elements of crime."
On August 31, As IMI reported, on August 31, the judge of Kyiv's Pechersk District Court Svitlana Volkova dismissed the privacy claim filed by Skhemy’s driver Borys Mazur. Thus, his request to oblige former Deputy Chief of Staff Andriy Portnov to revoke his personal data from the public domain has been rejected. The court also ruled to recover 52,500 hryvnias (around $1 892) of lawyers’ fees of Portnov from Borys Mazur.
As IMI reported, Two Radio Liberty employees Serhiy Ishchenko and Borys Mazur have filed civil claims with the Pechersk district court of Kyiv against the deputy head of the Presidential Administration Andriy Portnov., as Detektor Media reported, citing the Judiciary website.
The claims were filed on April 13 and 14 in order to defend one’s right to privacy, to obligation the defender to remove personal data and to oblige him to repair moral damage.
There is no information about the date of the court hearings as for now.
On October 31, the former MP and Deputy Head of the Presidential Administration of Viktor Yanukovych Andriy Portnov in his Telegram channel disclosed the personal data of a member of the TV crew of “Schemes: corruption in details" program, as the editorial board is preparing an investigation into the influence and relations of the former official with the new Ukrainian authorities.
Then, he disclosed data of number plates of three other cars related to “Schemes” journalists.
The "Schemes" editorial board regards it is direct pressure.
On November 4, the media movement “Media for conscious choice” and other media figures call on the authorities and the law enforcement agencies to hold the former official Andriy Portnov to account for having threatened journalists with “Scheme” investigative program and ask to ensure security for journalists.
On November 2, 2019, Andriy Portnov threatened the entire editorial board of the Schema investigative journalism program with the publication of "their detailed personal and personal information," as well as "analysis of private life and unobtrusive support in the dark," and published three license plates . in his words, related to journalists.
On November 4, 2019, the Media for Conscious Choice Movement and other media representatives called on the authorities and law enforcement agencies to bring Andriy Portnov to justice and asked to guarantee the safety of journalists.
The aforementioned information is qualified obstruction to lawful activity of journalists and threat or violence against a journalist.
As IMI reported, on October 31, the former MP and Deputy Head of the Presidential Administration of Viktor Yanukovych Andriy Portnov in his Telegram channel disclosed the personal data of a member of the TV crew of “Schemes: corruption in details" program, as the editorial board is preparing an investigation into the influence and relations of the former official with the new Ukrainian authorities.
Then, he disclosed data of number plates of three other cars related to “Schemes” journalists. The "Schemes" editorial board regards it is direct pressure.