GLASNOST DEFENSE FOUNDATION'S DIGEST No. 168 (February 2, 2004)

Ukraine - Crimean Autonomous Republic. Crimean journalists persecuted. Excerpts from journalist Mark Agatov's address to All-Russia Scientific/Practical Conference "Journalism in 2003: Gains, Losses and Development Strategy" (Moscow State University, January 2004).

- In her mid-January address to the Supreme Council of the Crimean Autonomous Republic, Ukrainian Supreme Rada human rights ombudswoman Nina Karpachova said that "a total of 40 journalists have died in Ukraine for various reasons since 1992, including seven Crimean journalists: Yuri Osmanov, editor of the newspaper Areket; Andrey Lazebnikov, political writer and head of the Black Sea Fleet's press center; Vladimir Ivanov, editor-in-chief of the newspaper Slava Sevastopolya; Alexander Motrenko, anchorman of the Criminal Chronicle show on Simferopol television; Alexei Yefimenko, editor of the Saksk-based newspaper Vozrozhdeniye; Vladislav Ryabchikov, correspondent for the newspaper Krymskaya Pravda; and Viktor Romanenko, cameraman for the Twelve Minutes of News show of the state TV/radio company Krym. Thus, Crimeans made up nearly one-sixth of the sad list of journalists killed in Ukraine".

I would add to Ms. Karpachova's statement that most of the above-listed crimes have never been disclosed, and that those killings, according to my information, were linked with the victims' professional activities.

Today's situation in the Crimea is somewhat different. Explosions and submachine-gun fire have calmed down, giving way to more refined methods of struggle against the people daring to tell the truth about Crimean and Ukrainian leaders' performance or honestly reporting on regional developments.

The article on libel has been crossed out from the Penal Code, with only one journalist condemned under it in the Crimea, as far as I know. On February 27, 1997, Ruslan Gorevoy was sentenced by the Zheleznodorozhny district court in Simferopol to two years in prison "for libel", with the execution of the sentence delayed. Besides, he was required to pay 3,000 grivnas to the judge whom the journalist had been bold enough to criticize on the pages of Meschanskaya Gazeta. Later, the punishment was toughened: Ruslan Gorevoy was required to serve his term in a labor camp together with deliberate lawbreakers. Mr. Gorevoy was compelled to seek refuge in Moscow, where he now works for the Glasnost Defense Foundation. Finally, on April 20, 2001, a district court of law in Simferopol, yielding to pressure from international human rights organizations, lifted all charges against him.

While Mr. Gorevoy was lucky enough to flee from repression to Moscow, his less fortunate colleague Sergey Potamanov, a journalist and editor of the Kerch-based radio station Phoenix, had to serve a few years behind bars in a tight-security correctional facility. He had been condemned under five (sic!) articles of Ukraine's Penal Code for criticizing local authorities' performance. In his appeal to colleagues from prison, Mr. Potamanov pointed out that "the court sentence was based on proofs of guilt that were of no legal force at all, and the court session protocol was forged". "I was removed from the courtroom and denied the opportunity to participate in the hearings, ask questions, or make my final statement," he wrote. "The judges failed to consider any documents proving I was not guilty; they also ignored witnesses' testimony that altogether upset the accusations I was facing". Mr. Potamanov and his lawyer are viewing the court sentence as "corrupt officials' revenge" on him for his "journalistic and human rights activities".

Sergey Potamanov's case has much in common with Ruslan Gorevoy's. Both journalists found themselves in trouble after showing what was called "disrespect for the judges".

In June 2000 Mr. Potamanov was arrested for the first time on charges of disrespect for the court where he had spoken as a public defense lawyer. Later, he was accused under Article 222(1) of acquiring and keeping firearms and ammunition; under Article 89(2) of destroying government property by arson; under Article 206(2) of hooliganism with aggravating circumstances; and under Article 84(1) of theft attended by office abuse. On December 18, 2000, the city court of Kerch found him guilty on each of those charges and sentenced Mr. Potamanov, father of five underage children, to 5 years in jail. The Crimean Republic's Supreme Court slashed the term to 3 years. In late April 2001, the journalist's lawyer filed a complaint with the European Human Rights Court.

In the view of Ukrainian human rights ombudswoman Nina Karpachova, "what we are witnessing in Ukraine today is yet another attempt to restrict freedom of expression by making amendments to existing legislation. Thus, the Supreme Rada has passed a package of laws substantially restricting the Ukrainian people's right to be informed, and narrowing the national media's opportunities in the economic and political area. For example, Article 80 of the 2004 State Budget Law deprives the print media of any subscription- or distribution-related benefits, which is fraught with a shrinkage of the circulation or with many newspapers' closure because of financial problems. The Civil Code of Ukraine, effective as of January 1, 2004, contains Article 277 stipulating that 'any negative information circulated about a person shall be deemed to be false'". In Nina Karpachova's opinion, if applied, this article may become a noose for Ukrainian freedom of expression.

Personally, I expect that article to put an end to all journalistic investigations on the territory of Ukraine, because any honest journalistic investigation implies publication of negative information about lawbreakers or criminals. From now on, any official, parliamentarian or businessman dissatisfied with a journalist's performance, or else a mere scandal-maker, upon seeing or hearing his name mentioned by a media outlet, may rush to file a lawsuit against the author to claim huge amounts of compensation for the publication of "negative", and hence, "false", information about him.

I, for one, had to spend two weeks in court trying to prove that the phrase "local entrepreneur" in a tiny report on elections could not possibly have damaged the honor or dignity of a certain Mr. Pekarnikov who insisted that the said phrase in a 20-line note be necessarily replaced with "an incumbent deputy of the Municipal Council of Yevpatoria and head of Crimea-West-99 Ltd.". The plaintiff wanted the newspaper Krymskoye Vremya to pay him 8,000 grivnas (approx. USD 4,000) for "damage" to his honor and dignity. A year ago, Crimean judges found Mr. Pekarnikov's claims to be absurd; today, however, the same judges, guided by the newly-passed laws, may take a different decision.

There is yet another controversial article in Ukraine's Penal Code - Article 182 ("Encroachment Upon a Person's Privacy") envisaging criminal liability for "unlawful gathering, keeping, use or circulation of confidential information about a person without his/her consent, or distribution of such information by means of a public announcement, presentation of a work of art, or publication in the media...". This offense is punishable by up to six-month imprisonment or by restriction of a person's freedom for a term of up to 3 years.

As far as I know, Article 182 has not yet been applied in the Crimea in real terms, but it may well be applied at any time if the authorities say so.

(Abridged).