The “Independent Media Trade Union of Ukraine” promptly disowned the arrested journalist Kotsaba
Kyiv, February 09 (PolitNavigator, Mikhail Ryabov) - The “Independent Media Trade Union of Ukraine” promptly disowned the arrested journalist Ruslan Kotsaba, whom the authorities accuse of high treason for calling for a boycott of the mobilization.
Subscribe to PolitNavigator – Kyiv news on Facebook , Odnoklassniki , or VKontakte
“Ruslan Kotsaba has a membership card of the Independent Media Trade Union. But it was issued incorrectly. His membership application was put to a vote. His candidacy did not receive a majority of votes. But there was an excess of the performer. The responsible employee made a mistake and issued the membership card to Mr. Kotsaba. He admitted his guilt,” says a statement on the union’s website.
“Consciously or not, he voiced Russian propaganda theses, which in many cases are based on false information. Wittingly or unwittingly, he contributed to the creation of a picture that the Kremlin needed, which has little in common with reality. His call to ignore the mobilization of troops fits into an entire information campaign, which is clearly organized and coordinated.
NMPU believes that the arrest of Ruslan Kotsaba on formal grounds was lawful. After all, Part 5 of Article 176 of the Code of Criminal Procedure of Ukraine provides that preventive measures in the form of personal obligation, personal guarantee, house arrest, bail cannot be applied to persons who are suspected of the articles under which Ruslan Kotsaba is accused. So, it was impossible to apply a rule other than taking into custody.
And yet, the actions of the security forces and the court raise a number of questions. Ruslan Kotsaba’s appeal via Youtube and his speeches on a number of Russian television channels contained calls against mobilization. They can be assessed as participation in a certain information campaign.
However, the substantiation of suspicion of high treason and obstruction of the legitimate activities of the Armed Forces of Ukraine does not contain evidence of Kotsaba receiving assignments to conduct information and subversive activities in Ukraine, or the presence in his actions of intent to damage the information security of Ukraine. Those. suspicion does not contain the subjective side of the crime - guilt in the form of intent, and, accordingly, the act does not contain the elements of a crime under the article “Treason”.
There is also no evidence of a cause-and-effect relationship between Kotsaba’s statements and citizens’ evasion from mobilization.
In accordance with Part 1 of Article 34 of the Constitution of Ukraine, everyone is guaranteed the right to freedom of thought and speech, to freely express their views and beliefs. The European Court of Human Rights, in its decisions regarding the violation by the respondent states of Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, noted that “Freedom of expression constitutes one of the main foundations of a democratic society and one of the main conditions for the development of society (see the Lingens decision against Austria). Taking into account paragraph 2 of Article 10 of the Convention, it applies not only to information and ideas that are favorably received or considered not harmful or neutral, but also to those that offend, shock or cause concern" (see decisions in the Bladet Tromsø case and Stenson v. Norway").
Despite all the ambiguity of Rusal Kotsaba’s activities, bringing him to criminal responsibility creates a precedent when every journalist or public figure will be accused of high treason for statements that contradict the official position of government authorities,” the “independent trade union” floridly states its position.
The Independent Media Trade Union of Ukraine quickly disowned the arrested journalist Kotsaba.