The criminal case against Volodymyr Zakalyuznyi, PORA activist that was instituted according to first part of article 186 of the Criminal Code of Ukraine “Open stealing of someone else’s belonging (robbery)”  was closed due to the absence of the crime on the 19^th of November, 2004.

PORA activist was represented by attorney of Pechersk board of attorneys of Kyiv city A.Yutkovska hired by “Found of legal help to human rights violations victims” of Ukrainian Helsinki Human Rights Union.  

Volodymyr Zakalyuzhnyi was detained in Kyiv on the 23^rd of October at the concert on open air during giving away leaflets that criticize activity of Viktor Yanukovych. He was brought to Shevshenko district police station in Kyiv and was accused of stealing mobile phone. 

The reason for instituting the criminal proceeding was the application of the woman who named herself as Halena Nina Ivanivna. On the 23^rd of October about 7 pm during concert in support of presidential candidate Viktor Yanukovych she discovered that unknown stole her mobile phone and “Jeans” prepaid package. Then she blamed unknown for stealing also the money that were discovered in her pocket later. 

MPs Pavlenko, Khmara, Orobets who were present at the site stated that at the moment the woman was complaining about stealing of the phone to police it rang in her pocket. Then she explained that she had another one but she doesn’t remember the number since she used it as pager.

During giving the explanations the woman was very disturbed that caused suspicion in her testimonies. 

However, police brought Zakalyuzhnyi to Shevchenko district police station in Kyiv and he was accuses of stealing mobile phone that could be punished by 2 years depriving of freedom.

During preliminary investigation police discovered that except disputable testimonies she also named herself with the wrong lastname. Volodymyr Zakalyuzhnyi pleaded not guilty in committing the crime; it was also confirmed by witnesses. On the other hand the witnesses who could confirm women’s complaint and to point to Zakhalyuzhnyi as a robber were not found. 

Taking into consideration that all possible investigation actions were done, the investigators came to conclusion that the fact of the crime is absent and thus the criminal charges should be dropped.

We should also mention that closing the criminal case due to the absence of the crime fact is quite rare in law-enforcement activity practice. According to the data of Visnyk of Supreme Court of Ukraine (№8(48)) in 2003 due to the absence of the crime fact or corpus delicti the courts closed criminal cases regarding 138 persons (out of 28 400), that is less then 0,5%.

As it is known when the criminal case is closed due to the absence of the crime fact in most cases it means that police acted illegally and violated person’s rights.

Now the attorney of “Found of legal help” of Ukrainian Helsinki Human Rights Union complains the actions of police and will demand the compensation of damage to Volodymyr Zakalyuzhnyi. We hope that all responsible for illegal detention of civic movement PORA activist will be punished and in a future the law-enforcement officers will avoid serious mistakes that can spoil somebody’s life. 

Due to the groundless accusations of civic campaign activist this case could be considered as additional example of criminal persecution of law-enforcement organs for expressing person’s political views.

Olena Holyuk

RUPOR