Vitaly Yarema: The Ilovaisk investigation has entered its final stages.

Vitaliy Yarema spoke to Focus about why those responsible for the Maidan massacres have yet to be punished, what could prevent Viktor Yanukovych and his associates from being tried in absentia, and war crimes in the ATO zone. 

Vitaly Yarema

Why is the investigation into crimes committed during the Maidan period progressing so slowly?

— In Lithuania, the investigation into the storming of the television tower in 1991 was completed a few days ago. It lasted 23 years. Investigations related to the Maidan are moving as quickly as possible. We are faced with crimes on a scale our country has never seen before in its recent history. I think Europe has too.

The investigation, especially in the initial stages, had to be carried out by the same law enforcement officers who had participated in the repressions. Plus, there was a total purge of all documentary evidence.

In the summer, you said you'd arrested three people involved in the Maidan shootings. Why haven't any of them been punished?

We have completed the pre-trial investigation into three individuals—the Kyiv Berkut company commander and two of his subordinates. They are currently reviewing the criminal case materials. Everything is proceeding within the timeframes stipulated by the Criminal Procedure Code. Once they have reviewed them, we will submit the indictment to court. The investigation currently has substantial evidence of their involvement in the shooting. Unfortunately, the Pechersky District Court has ordered the Berkut company commander to be placed under house arrest, which resulted in his escape. However, he is wanted and will be found.

Did 77 Maidan protesters really shoot only three people?

Three people were involved in the shooting, and another 22 are linked to its organization and are wanted. But we're investigating more than just the murder of 77 civilians and 13 police officers. We also have the deaths of Sergei Nigoyan and Mykhailo Zhyznevskyi on Hrushevsky Street on February 18. Five more people were killed in Mariinsky Park, and Jalal Aliyev is suspected of murdering Vesti journalist Vyacheslav Veremiy on Velyka Zhytomyrska Street. The case against the individuals who evacuated Maidan activists Ihor Lutsenko and Yuriy Verbytskyi has been referred to court. Five criminal cases have also been sent to court against traffic police officers who issued tickets for AutoMaidan protesters in Kyiv and the Kyiv and Cherkasy regions. In addition, criminal cases have been opened against law enforcement officers in the Dnipropetrovsk and Zaporizhia regions who organized the titushki and sent them to Kyiv. Criminal proceedings are also underway against the prosecutors and investigators who drafted indictments against Maidan protesters and sent them to court. These cases involve a judge from the Solomensky district, three employees of the Kyiv prosecutor's office, and several investigators.

A trial without defendants

Vitaly Yarema

Parliament passed a law allowing for the in absentia trial of fugitives. Have you already begun efforts to hold Viktor Yanukovych and his team accountable?

— Yes. The first cases to go to court will be against Yanukovych himself, as well as Pshonka, Zakharchenko, Klymenko, and Yakymenko. However, I would like to see some small but significant amendments to this law as soon as the new parliament takes office. The law was passed hastily, and it applies only to individuals located outside of Ukraine. And if any defendant provides documentary evidence that they are in Crimea, which is de jure Ukrainian territory, we will not be able to try them under this law.

Will the in absentia conviction of Viktor Yanukovych and other representatives of the fugitive government allow the money they stole to be returned to Ukraine?

"The mandatory basis for returning funds transferred abroad is a court decision. If there are court decisions, we will return them; the necessary materials have been collected. The situation is similar with Ukrainian assets: after the court decisions, they will be returned to the state. We are currently negotiating Lazarenko's funds as well. We hope that for the first time, we will be able to return the money to Ukraine."

In the summer, you announced that former Deputy Chief of Staff Andriy Portnov was wanted. He recently provided a response he received from the Ukrainian Interpol Bureau, refuting this information. So, he was never put on the wanted list?

"If he's so confident, let him come to the investigator and give the necessary testimony. What's he afraid of then?"

At what stage are the criminal cases against Viktor Yanukovych's government officials currently?

We've opened several dozen criminal cases related to economic abuses. For example, on February 14, 2 billion hryvnias were siphoned off from the NBU through Brokbusinessbank. Most of the cases are ready for trial. However, there are many complications. The fact is that members of Viktor Yanukovych's team were not registered as owners of their businesses. Despite this, operatives and investigators are conducting all necessary investigative actions aimed at identifying and seizing the assets of the suspects, such as Serhiy Kurchenko.

What exactly did you arrest?

— Property worth UAH 3 billion was seized: several non-residential premises, seven cars, real estate in the Kyiv region, cash and securities that were part of the collateral in Ukreximbank, worth $10 million, and another $20 million in Ukreximbank accounts.

Armed and very dangerous

Vitaly Yarema

Several months ago, the Minister of Internal Affairs announced the disbandment of the Shakhtyorsk Battalion for looting. Is the military prosecutor's office investigating this battalion's activities?

This matter falls within the purview of the Ministry of Internal Affairs. We're not talking about military personnel, but about volunteers. Overall, the military prosecutor's office has opened over three thousand criminal cases against military personnel for crimes that are systematically committed in the ATO zone. These include failure to comply with orders from superiors, weapons theft, armed robberies, and murder.

Volunteers and soldiers who have served in the ATO zone often return armed to the teeth. Is there any record of these weapons?

"After the events on Maidan, after dozens of weapons were stolen from police stations, including those of Berkut officers who had shot people, the record-keeping system became a mess. Previously, having two bullets in your pocket could have led to criminal charges, but now it's commonplace to bring automatic weapons and grenade launchers from the ATO zone. I know that the relevant agencies are currently working to confiscate such weapons."

Why doesn't the military prosecutor's office view the lack of weapons records in the ATO zone as negligence on the part of certain officials?

"When the terrorists launched their offensive, there was no time to write down the serial numbers of each machine gun or fire them from the warehouse. Weapons were issued in the hundreds and thousands."

Is it really impossible to not allow armed soldiers into peaceful areas?

"Weapons are smuggled illegally in backpacks and cars, using dozens of unguarded roads. I'm sure we'll continue to have problems with illegal weapons for a long time after the ATO ends. It's one thing for someone to simply stash a weapon away for later use. It's much worse if criminal organizations get their hands on it and use it for murder or armed robbery, as happened recently in the Poltava region, when cash collectors were attacked. This poses a huge threat to law and order."

Have you managed to find out any new details about the events near Ilovaisk?

"The investigation is in its final stages. We've completed all necessary investigative steps, questioned Defense Ministry officials, those involved in the operation, and those who planned it. I can't provide any more details at this time."

When will the case go to court?

"First, we will submit to court the indictment related to the deaths of the 49 paratroopers who were on the Il-76 plane shot down by terrorists. As part of the investigation, senior officials of the Ministry of Defense will be held accountable."

When the National Guard mutiny occurred in early October, you claimed it was a planned action. Have you figured out who was behind it yet?

We've created an investigative task force, including representatives of the Security Service of Ukraine (SBU). The military prosecutor's office has opened a criminal investigation. An investigation is currently underway, and one of the National Guard's leaders has already been charged.

On November 14, the Prosecutor General's Office conducted searches of Defense Ministry officials. What was the reason for this, and what were the results?

"This is one of the investigative actions the military prosecutor's office is conducting against officials suspected of embezzling public funds during public procurement. On that day and the day before, searches were conducted related to events five or six years ago, when the Ministry of Defense, together with Ukroboronprom, purchased and sold equipment, embezzling public funds."

Last summer, you said you were investigating the dismantling of several dozen infantry fighting vehicles at the Zhytomyr Armored Plant. What did you find out?

We have opened criminal proceedings against officials of armored vehicle factories in Kyiv, Zhytomyr, Lviv, and Kharkiv. Today, the head of the Kyiv armored vehicle factory is reviewing the criminal case file on allegations of abuse of office and embezzlement, after which the case will be sent to court.

Lustration to the detriment of

Vitaly Yarema

You were one of the staunch opponents of the lustration law. Despite this, parliament supported it, and the Prosecutor General's Office is forced to accept this. What challenges are you facing in implementing it?

As expected, we've already received over 50 complaints from former prosecutor's office employees who believe their dismissal was unconstitutional. But the law is the law, and we comply with it. Following the first stage of lustration, 138 employees were dismissed from the prosecutor's office. A total of 450 people are subject to dismissal. The next stage will begin on November 21st—we will be investigating and identifying those who actively participated in the repressions against Maidan and AutoMaidan protesters.

What specifically do you not like about this law?

According to the Constitution, we must verify each individual's personal involvement or non-involvement in specific crimes. It's wrong to tar everyone with the same brush. In this case, most people will be deprived of their constitutional rights, including the right to hold civil service positions for 10 years, on formal grounds—simply because they held a certain position (were heads of departments). This approach by the legislator not only runs counter to the very idea of ​​lustration enshrined in this law, but also violates the provisions of the Constitution of Ukraine.

Why was the lustration law adopted in this particular version?

The very procedure for its adoption was violated: the draft failed to pass the review process by the Verkhovna Rada's Main Scientific, Expertise, and Legal Departments, parliamentary committees, the first reading, amendments, and the second reading. Had this happened, all the flaws in the law would have been removed. The adoption of this document had a political subtext—it should have been voted on before the elections. Now the law must be amended and the rights of those who have no connection to the repressions and the activities of the previous government must be rehabilitated.

Left without supervision
On the eve of the elections, parliament passed another controversial law, "On the Prosecutor's Office." It stripped your agency of its right to conduct so-called general oversight.

— The function of general oversight is enshrined in the Constitution, and before voting on the Law on the Prosecutor's Office, it was first necessary to amend the Basic Law.

Previously, 70% of the complaints we received concerned general oversight. People would contact the prosecutor's office regarding illegal dismissals or unpaid wages, but now there's simply nowhere to go to complain. Now, the first priority is not the prosecutor's office's functions, but rather which agency will protect citizens' rights and freedoms, for example, in medical institutions and social welfare agencies—where there's no criminal offense. In six months, when the law comes into force, special free legal aid centers should be created to replace the prosecutor's office. We'll see how this works. But, in my opinion, general oversight was removed prematurely—the situation in the country needed to stabilize first.

Will the fact that the prosecutor's office has been deprived of general oversight help reduce the pressure on business?

"Businesses don't suffer from the prosecutor's office these days. Prosecutors are prohibited from conducting inspections—I hold them accountable for that, including dismissal."

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