Ukraine: Kyiv Administration Court judges illegally gained access to journalist’s phone

August 4, 2020, Kyiv, Ukraine -- The Coalition For Women In Journalism condemns the attempts of obstructing justice by Kyiv Administration Court judges. 

Political interference, obstruction of justice and personal enrichment have long been part of the practice of the judiciary and security bodies. In fact, the 2014 “Ukraine Revolution of Dignity” at its core, was an anti-corruption uprising. Ukrainians longed for a government that was less corrupt, more responsive to citizens’ demands, and bound by the rule of law. They ousted a government that had denied them their rights, fought the foreign invasion that would have reinstated a repressive kleptocracy, and elected new political leaders. Ukraine’s new president, Volodymyr Zelensky, has promised to do better. The investigation that has been going on since last year, indicates the failure of Zelensky administration in establishing measures which would eliminate corruption and abuse of power.

According to the National Anti-Corruption Bureau of Ukraine, the head of the Kyiv District Administrative Court, Pavlo Vovk and his deputy Yevheniy Ablov tried to influence the work of the Constitutional Court, other courts and supervisory bodies. The judges used personal “acquaintances” to illegally gain access to the personal phone of Slidstivo.Info journalist Yevhenia Motorevska, who was investigating Ablov and the allegations of corruption and bribery against him. 

The heads of the court became interested in the journalist's contacts after Yevhenia prepared a piece about Ablov's birthday celebration at the VaBene restaurant in the center of Kyiv on April 13, 2019. Many politicians, judges from Kyiv and the nearby regions came to congratulate the judge. Ablov’s birthday celebration bill was paid from the Court budget according to Yevhenia’s report.

Shortly after the material was published, according to NABU, Ablov asked Vovk whether it was possible to obtain information on when and with whom Yevhenia spoke by phone on April 13. Issuance of a warrant to gain access to phones is not within the jurisdiction of Administrative Courts and Criminal Courts can only issue them in case of an ongoing investigation and concrete suspicion of a crime, according to Ukrainian laws.

Interference with journalist Yevhenia Motorevska’s mobile activities is only one of the crimes that Vovkl, Yevhen Ablov and five other judges were charged by the National Anti-Corruption Bureau of Ukraine (NABU) in an ongoing investigation since last year. The charges against the notorious judges include organized crime, usurpation of power, bribery and unlawful interference with governmental officials.

It is unknown from NABU records whether the judges received data on the journalist's telephone connections in violation of the law but the recordings clearly indicate that an attempt was made to wire her phone without a warrant.

In spite of NABU’s ongoing efforts, the case against Kyiv Administrative District Court’s judges have been obstructed by numerous officials and judges. Prosecutors working on the case are being threatened and Constitutional Court complicated NABU’S attempts by cancelling the law criminalizing unlawful rulings in June. This clearly indicates the need for genuine reform of Ukraine’s judiciary. 

The Coalition For Women In Journalism deplores any attempts to illegally monitor journalists especially in an atmosphere where journalists are already under attack, this year we have documented three other attacks against women journalists in various forms. Further, Kyiv Administrative Court’s surveillance of Yevhenia Motorevska’s contacts is a violation of journalist’s right to privacy. Authorities must ensure legal protection of all journalists’ right to private communication. We call on the Ukrainian law enforcement agencies to immediately and transparently investigate the allegations against Kyiv Administrative Court judges, suspend them until the investigation is complete and bring the perpetrators to justice in order to reconstruct trust in the judiciary of the country.