Я вже писав раніше про «справу Кобалєва». Окрім виразного політичного підтексту, що пов'язаний із контактами та приязними взаєминами українських та молдовських олігархів, ця справа має ще один підтекст.
Вона, по суті, є ідеальним відображенням порушенням усіх можливих прав та свобод, зафіксованих в українському законодавстві.
Починаючи від затримання невідомими людьми без розпізнавальних знаків і аж до екстрадиції з України на чартерному (!) літаку.
Також не можна не загадати про позбавлення громадянства у позасудовому порядку. Або про «прискорений» розгляд справи у суді.
За великим рахунком, у цій справі, куди не ткни — скрізь зіткнешся із якимось порушенням. Цим вона і цікава — це ідеальне порушення законності.
Отже, як виглядає ця справа із точки зору закону. У хронологічному викладі, так як це буде сформульовано у відповідних міжнародних позовах (а вони неодмінно будуть). Ну і як на ці закиди будуть реагувати наші євроінтегратори — питання окреме.
The list of facts in chronological order provided by Vyacheslav Kobalev"s lawyers about Human Rights abuse against Vyacheslav Kobalev (Platon):
1. July 23, 2016 (Saturday, day off) — the decision of Moldovan authorities to arrest Veaceslav Platon:
1.1. On a day off, on Saturday, the Anti-Corruption Prosecutor"s Office of the Republic of Moldova requests Buiucani Court in Chisinau to apply a preventive measure in the form of 30 days-arrest, Vyacheslav Platon, who is accused by the Prosecutor"s office of Moldova in fraud and money laundering.
1.2. On the same day, the Court Buiucani Chisinau petition satisfies the Anti-Corruption Prosecutor"s Office of the Republic of Moldova and shall issue a warrant for provisional arrest of Vyacheslav Plato, for a period of 30 days.
2. July 25, 2016 — the detention of Vyacheslav Kobaleva (Platon) in Kiev, Ukraine:
2.1. On Monday morning, the Anti-Corruption Prosecutor"s Office Head of the Republic of Moldova is holding a press conference at which the organization announced that: a) Veaceslav Platon is a suspect in a criminal case on the $ 1 billion theft from 3 Moldovan banks.; b) The provisional 30-days arrest warrant is issued for Vyacheslav Kobalev for 30 days; c) Veaceslav Platon is added to the international wanted list by Moldovan government, but his name was declined to be listed at Interpol database of wanted persons.
2.2. Vyacheslav Kobalia (Plato) in the Moldovan media comments his prosecutions and states that: a) his prosecution is illegal and is politically motivated; b) It was started by the order of Vladimir Plahotniuc in response to the intention of Vyacheslav Kobaleva (Plato) to testify to American and European law enforcement agencies about the involvement of Mr. Plahotniuc and his entourage to the theft of $ 1 billion from the banking system of Moldova.; c) He is in Ukraine not hiding from anyone and ready to provide evidence to the law enforcement authorities of Moldova by video conference or other means; d) In the near future, he will hold a press conference for Moldovan and foreign mass media, on which he will provide the evidence of criminal activity of Mr. Plahotniuc and related persons from his criminal clan;
2.3. On Monday evening, Vyacheslav Kobalev (Platon), was detained at the request of law enforcement agencies of Moldova in Ukraine by Kiev representatives of the Security Service of Ukraine with the purpose to extradite him to Moldova. This arrest is characterized by the following features:
a) Unusual quickness and coordination of actions by the law enforcement agencies of Moldova and Ukraine: Vyacheslav Kobalev (Plato) was arrested by the Security Service of Ukraine on the same day, when the head of the Anti-Corruption Prosecutor"s Office of the Republic of Moldova declared about his international wanted list. Vyacheslav Kobalev"s lawyer about the arrest of his client conducted by Security Service of Ukraine and General Prosecutor Office: http://obozrevatel.com/crime/78390-platona-izbili-... Interpol regulations claim that before issuing an international arrest warrant, the preceded check for compliance with the Interpol standards should be done.
In particular, Interpol does not declare the person as internationally wanted, if the prosecution is political, religious, military, racial character. The rapid arrest of Vyacheslav Kobalev (Platon) shows that in this case no check for compliance with the Interpol standards declaring him as internationally wanted person was not carried out by Interpol. In the case of its implementation, it would be found that the prosecution of Vyacheslav Kobalev (Platon ) is politically motivated and that the international manhunt is not legal and can not be executed.
b) Inadequate and cruel measures applicable during the arrest of Vyacheslav Kobalev (Plato) by members of the Security Service of Ukraine Vyacheslav Kobalev (Plato): i) is a well-known businessman; ii) officially married to a citizen of Ukraine, who lives in Kiev; iii) has as a little daughter, who also lives in the city of Kyiv; iv) officially lives and works in Kiev; v) not hiding from anyone; vi) does not have a criminal record; vii) illegally accused by the law enforcement agencies of Moldova in the economic crimes that do not involve a threat to human life or health, etc. Despite the fact that Vyacheslav Kobalia (Plato) did not constitute any threat to the public, was not socially dangerous, not a fugitive from justice, about 12 employees of the Security Service of Ukraine was drawn to his detention. Needless detention occurred with the demonstrative use of brute force against Vyacheslav Kobalevu (Plato), whereby he sustained numerous physical injuries (bruises, abrasions, bruises, chest trauma, etc.), a negative effect on his health.
c) The detention of a citizen of Ukraine that is not a subject to extradition to Moldova: While registering the detention, the employees of the Security Service of Ukraine have been informed that Vyacheslav Kobalev (Plato) is a citizen of Ukraine, and is not to be extradited to another country. In particular, given the relevant documents that Vyacheslav Platon changed his name to Kobalev n January 9, 2002 and on 10 January 2002, Popelnyanskyi RA Ministry of Internal Affairs of Ukraine issued a passport with the number ВН № 051 164 (passport series letters are in Ukrainian language) on his name (Kobalev Vyacheslav) in Zhytomyr region. Despite the fact that Vyacheslav Kobalev (Plato) had Ukrainian citizenship, he was detained by the Security Service of Ukraine for the purpose to be extradited to Ukraine. In addition, it should be noted that during the arrest of Vyacheslav Kobalev, he had the Ukrainian passport (Plato). Ukrainian Security Service immediately made a statement that this is a fake passport. At the same time, no tests or examinations, confirming his forgery has not been done. In the future, despite the fact that the State Migration Service of Ukraine confirmed the issue of of the passport for Vyacheslav Kobalev (Plato) in 2002 , State Migration Service of Ukraine stated in a letter dated 26.07.2016 that the passport was issued illegally under the pressure of the Ukrainian Security Service. According to available information, at the moment the Security Service of Ukraine already have a decision of the State Migration Service of Ukraine to annul the Ukrainian passport Vyacheslav Kobaleva (Plato). This illegal decision of the State Migration Service of Ukraine is planned be used in the future by the law enforcement agencies of Ukraine to justify the legality of the extradition proceedings of Vyacheslav Kobalev (Plato).
d) The wide coverage in the information sources and mass media of the detention process of Vyacheslav Kobaleva (Plato): The process of arrest of Vyacheslav Kobaleva (Plato) was widely covered in various information sources. The first photo of Vyacheslav Kobalev (Plato detention was posted by the citizen of Moldova Vitalie Esanu on his page on the social network Facebook. Later on, photos and videos from places of detention have also been posted on the official website of the Ukrainian Security Service. Also, it should be noted that during the investigation of Vyacheslav Kobalev (Plato) in the premises of the Security Service of Ukraine at Kiev, Vladimirskaya str., 33, some of the employees of the Security Service of Ukraine took photos of Vyacheslav Kobalev. Subsequently, these photographs have also been published in various information sources, including Moldovan mass media.
3. On July 27-28th, 2016 — the trial in Pechersk district court in Kiev on the application of temporary arrest of Vyacheslav Kobalev (Plato):
3.1. On July 27, 2016, the prosecutor"s office appealed to the Kiev Pechersk District Court of Kyiv with a request for provisional arrest of Vyacheslav Kobalev (Plato) for a period of 40 days before the request for his extradition from Moldova.
3.2. July 28, 2016 Pechersk District Court of Kyiv ruled illegal decision on the application for provisional arrest of Vyacheslav Kobalevu (Plato) for a period of 40 days before the request for his extradition from Moldova.
3.3. This trial has the following circumstances:
a) The judge on the trial was implicated in a miscarriage of justice against civil society activists during a so-called "Revolution of dignity": This case was considered by the investigating judge of Pechersk district court in Kiev Ekaterina Moskalenko. The Judge Moskalenko E.A. is known that during the so-called "Revolution of dignity" in 2014 had rendered unjust judgment against civil society activists, based on forged documents. These facts are the reason for bringing the judge Moskalenko EA to justice. However, rather than to attract the judge Moskalenko E.A. to criminal responsibility, she is regularly involved in the consideration of resonant criminal cases and makes the required judgments ordered by the Prosecutor of Ukraine. It seems the offering a blatant and regular loyalty to General Prosecutor Office of Ukraine, the judge Moskalenko E.A. has an informal agreement in exchange for not bringing her to criminal liability. The judge Moskalenko E.A. is ready to fulfill all the requirements and guidance by the law enforcement bodies of Ukraine, even if they are illegal.
b) Closure: Case of Vyacheslav Kobaleva (Plato) caused a great resonance in the society and the media were interested in covering this trial. At the same time, despite the fact that all court proceedings in Ukraine are transparent and open, prosecutor"s office in Kiev insisted on a private investigation of Vyacheslav Kobaleva (Plato) case. At the request of the prosecutor"s office, the Pechersk district court of Kyiv made the trial closed and did not allow its media coverage in mass media.
c) The presence of the consul of Moldova and other persons (previously, employees of special services of Moldova and Ukraine) During the trial of Vyacheslav Kobalev (Plato) in the building of Pechersk district court in Kiev attended by the Consul of Moldova, as well as other persons, previously secret services of Ukraine and Moldova. Despite the fact that the trial was closed and private, the Court did not object to the presence of the consul of Moldova during the trial, which was in regular contact with someone on the phone and demanded the quick judgment decision from the Court. Other persons including employees of special services of Ukraine and Moldova, also regularly communicated with the prosecutor during the breaks in the trial.
d) Limitations in rights of defenders Vyacheslav Kobaleva (Plato): All the time during this court session Court did not allow the defenders of Vyacheslav Kobalev (Plato) to fully use their procedural rights to submit petitions, etc. e) Restrictions of the Vyacheslav Kobalev (Plato) right to receive a medical care: During the court hearing defenders of Vyacheslav Kobaleva (Plato) have repeatedly drawn the Court"s attention to the poor physical health of their client and demanded to provide him with medical care. However, all such requests defenders Vyacheslav Kobaleva (Plato) were rejected by the Court. Only after Vyacheslav Kobalia (Plato) began to lose consciousness during the trial, the Court called an ambulance for examination and assisted him. Ambulance Brigade stated the need for hospitalization of Vyacheslav Kobalev (Plato). For a detailed medical examination Vyacheslav Kobalev (Plato) was delivered by Security Service of Ukraine to the hospital №17. At the hospital, X-rays and examination of the results revealed the evidence of a beating of Vyacheslav Kobaleva (Plato) such as closed chest trauma, thoracic injury, hematomas, multiple injuries of the head, soft tissue injuries of the face, swelling under the eye, multiple bruises and abrasions. The doctor wanted to appoint Vyacheslav Kobalev (Plato) to immediate hospitalization, but after a brief dialogue with the General Prosecutor Office, held behind closed doors, the hospitalization for Vyacheslav Kobalev (Plato) was denied.
4. July 29, 2016 — illegal limitations of Vyacheslav Kobalev (Plato) rights to meet with lawyers and his wife: Before the lunch at that day, Vyacheslav Kobalev (Plato) was in the Investigative prison of Security Service of Ukraine, where he has held several meetings with lawyers. At the request of the lawyers of the future location of their client Vyacheslav Kobaleva (Plato), prosecutor"s office in Kiev said that until Monday (01.08.2016), he will be kept in the detention facility of the Security Service of Ukraine, and on Monday (08.01.2016), he will be transferred to the detention center Lukyanovsky. In connection with this information, the wife of Vyacheslav Kobaleva (Plato), as well as his lawyers, had planned to hold several meetings with him after lunch 29/07/2016 in prison of Security Service. They had submitted the relevant application to the prosecutor. However, the prosecutor refused their right to meet Vyacheslav Kobalev (Plato), on the grounds that this afternoon he will be transferred from the detention center of Security Service of Ukraine to Lukyanovsky detention center . At 15:30 Ukrainian Security Service reported that Vyacheslav Kobalia (Plato) was transferred to the detention center Lukyanovsky. According to the schedule of Lukyanovsky detention center, meeting with detainees on Friday is only possible until 16:00 and during the weekend the meetings are not allowed. Despite these facts, the wife of Vyacheslav Kobalev (Plato), and his lawyers were not able to meet with him 29/07/2016. 5. August 4th, 2016 — the hearing of the Appeal Court of Kyiv regarding the determination of Pechersk District Court of Kyiv from 07.28.2016 of the arrest: This case was examined by a panel of judges (Masenko, Glynyanyi, Efimova), with dubious reputation. Also, it should be noted that the case essentially 08.04.2016 has not been considered and was rescheduled for 08/09/2016 due to the fact that at the hearing the prosecutor and translator failed to appear at court .
6. August 9, 2016 — hearing of the Appeal Court of Kyiv (Judge: Masenko, Glynyanyi, Prysyazhnyuk) Review appeals the determination of Pechersk district court in Kiev on 28.07.2016 of the arrest: This case was examined by a panel judge (Masenko, Clay, Prysyazhnyuk) having disreputable judge that since the existence of compromising evidence against them, always support the position of the prosecutor"s office. This case is considered to be a flagrant violation of the current Ukrainian legislation. Despite the fact that the lawyers of Mr. Kobalev (Plato) provided appropriate and compelling evidence to Vyacheslav Kobalev case materials, showing that he had Ukrainian citizenship, Court of Appeal judges in Kiev left the illegal decision of Pechersk District Court of Kyiv from 28.07 .2016 unchanged. This judgment of the Appeal Court of Kyiv from 09.08.2016 shall be final and is not a subject to appeal.
7. August 22nd, 2016 — the trial in Pechersk district Court in Kiev on the application of the extradition arrest of Vyacheslav Kobalev (Plato):
7.1. On 17th August 2016 The Prosecutor"s office in Kiev appealed to Pechersk District Court of Kyiv with a request for the application of the extradition arrest to Vyacheslav Kobalev (Plato).
7.2. On August 22nd, 2016 Pechersk District Court of Kyiv ruled illegal decision on the application for extradition arrest Vyacheslav Kobalev (Plato) for the period until the resolution of the issue on his extradition to Moldova. 7.3. This case was heard by the judge Volodymyr Karaban having the dubious reputation of a judge who, since the existence of compromising material against him, has always supported the position of the prosecutor"s office.
7.4. This case was considered a flagrant violation of the current legislation of Ukraine. Despite the fact that the lawyers of Mr. Kobalev (Platon) had provided appropriate and compelling evidence showing that he had Ukrainian citizenship, the judges of Pechersk district court of Kyiv ruled to apply the extradition arrest of Vyacheslav Kobalev (Platon).
8. August 29, 2016 — Extradition of Vyacheslav Kobalev (Platon) to Moldova:
8.1. On August 29th, 2016, Deputy Prosecutor General of Ukraine Evgeniy Enin ruled on extradition (extradition) Plato (Kobaleva) to Moldova.
8.2. On the same day, in the evening (around 19:00), at the Detention Unit of the Security Service of Ukraine, Prosecutor of the Prosecutor"s Office of the city of Kiev, Kim, in the presence of other persons, handed Mr. Kobalevu (Plato) said a decision on his extradition.
8.3. Immediately thereafter, Mr. Kobalev (Platon) was brought to the inner courtyard of the Detention Unit of the Security Service of Ukraine, where unknown people in masks put the bag on his head, put Mr. Kobalev in a van, and took him to an unknown destination.
8.4. Mr. Kobalev (Platon) was taken by unknown people in masks to the International airport "Kiev" (also known as the Kiev airport "Zhulyany"), where he was put in a private airplane (charter) with the Ukrainian registration. 4 people had been already on the board of the aircraft, who identified themselves as employees of law enforcement bodies of the Republic of Moldova.
8.5. On August 29th, 2016, in the evening, accompanied by four law enforcement bodies of the Republic of Moldova, in a private plane, Mr. Kobalev (Plato) was extradited from Ukraine to Moldova.
8.6. It should be noted that the extradition procedure has been carried out in a gross violation of the current legislation of Ukraine. The extradition enactment ruling to extradite Vyacheslav Kobalev (Plato) to Moldova was given to Mr. Kobalev without the presence of his lawyers. Part 3 of the Article 590 of the Criminal Procedure Code of Ukraine states that: "In case of a decision on extradition (extradition) of a person, such person is handed a copy of this decision. If within ten days this decision is not appealed by the court, the actual delivery of that person to the competent authorities of a foreign state is implemented. Therefore, by the time of extradition process of Vyacheslav Kobalev (Plato) to Moldova, the decision of General Prosecutor of Ukraine regarding extradition had not come into force. The reason is that Vyacheslav Kobalev had 10 days to appeal the decision in court. During those 10 days the extradition of Vyacheslav Kobalev (Platon) to Moldova is prohibited under the direct law. In addition, by extraditing Vyacheslav Kobalev (Platon) to Moldova on the basis of unlawful decision that had not come into legal force, the law enforcement agencies of Ukraine had actually deprived Vyacheslav kobalev (Platon) of his legal and guaranteed right to judicial protection.
9. The situation with the refugee status in Ukraine;
9.1. Both domestic legislation of Ukraine and rules of international law prohibit the extradition of a person who requested a refugee status.
9.2. On August 1st, 2016, Vyacheslav Kobalev (Platon) addressed the request to the State Migration Service of Ukraine (hereinafter — the GMR Ukraine) with an application for refugee status in Ukraine.
9.3. On August 1st, 2016 — National Migration Service of Ukraine issued a certificate of application for protection in Ukraine for Vyacheslav Platon (Kobalev). The validity of this certificate was — until 01.09.2016. 9.4. On August 16th, 2016 — National Migration Service of Ukraine issued an order №439 of acceptance of documents for registration of Plato (Kobaleva) to resolve the issue of recognition him as a refugee or a person in need for additional protection.
9.5. On August 19, 2016 (Friday) Vyacheslav Kobalev"s (Platon) lawyer Antonovich Alexander filed a request to the National Migration Service of Ukraine. In response to that message the lawyer received a copy of the order that has been received before, as well as orally reported statement that checking the circumstances of Vyacheslav Kobalev"s (Platon) request will be reviewed in Ukraine on August 22nd, 2016 (Monday).
9.6. Ukrainian legislation establishes a specific sequence of actions that must comply with National Migration Service of Ukraine in order to take a decision on granting or refusal to grant refugee status in Ukraine.
9.7. According to this plan of actions, the National Migration Service in Ukraine is obliged to carry out due diligence on the circumstances in which Vyacheslav Kobalev in danger, send several requests to get answers and get additional information from the applicant etc..
9.8. According to Ukrainian legislation, the lines of such examination is 6 months and, if necessary, may be extended for a longer period. Also, at the time of this inspection, the extradition of the person who applied for refugee status is prohibited by the rule of law.
9.9. Consequently, in connection with an application for a refugee status in Ukraine in August 2016, the actual extradition of Vyacheslav Kobalev to Moldova until the beginning of 2017 would be impossible, because till that time National Migration Service of Ukraine is obliged to examine his application for a refugee status.
9.10. At the same time, on August 29th, 2016 before serving Kobalev (Platon) with the resolution on extradition, Vyacheslav kobalev (Platon) had been granted the decision of National Migration Service of Ukraine for reference. This decision stated that from August 22, 2016 Vyacheslav Kobalev is refused to be granted a refugee status in Ukraine.
9.11. The foregoing decision of National Migration Service of Ukraine of 22.08.2016 was not directed to Vyacheslav Kobalev (Platon) or his lawyers until 29th August 2016 Platon (Kobalev) was unaware of the existence of this decision. At this case, neither Vyacheslav Kobalev (Platon), nor his lawyers had not received a decision of the National Migration Service of Ukraine today.
9.12. Obviously, hiding the decision of National Migration Service of 22.08.2016 from Vyacheslav Platon (Kobalev), as well as from his lawyers, was intentional to deprive the lawyers and Vyacheslav Kobalev (Platon) of their right to appeal against this illegal decision in court, and thereby suspend the illegal extradition of Vyacheslav Kobalev (Platon) to Moldova .
10. The situation today:
10.1. In Moldova rude violations are committed against the rights of Mr. Kobalev (Plato) as a human, in particular: a) Limitations in communication and meetings with lawyers and relatives; b) Keeping Vyacheslav Kobalev in inhuman and degrading conditions; c) Tortures in the form of restrictions in the water and using lavatory, etc; d) abusive behavior and violence by law enforcement.
10.2. September 1, 2016 — Moldovan Court (Court Buiucani Chisinau) extended the arrest of Mr. Kobalev (Platon) for 30 days.
10.3. Mr. Kobalev (Platon) has been detained in the Chisinau Penitentiary №13. There are at least 13 European Court for Human Rights judgments against this detention center that claim that the Penitentiary № 13 does not meet the minimum standards for detention of people.
