Lt.General Hennady Moskal reported on the results of an independent investigation of the beating of EuroMaidan protesters conducted by the National Resistance Headquarters in parallel with Prosecutor General Pshonka (the transcript of his remarks follows below).
“We conducted a parallel investigation, but did not make public its results as we have been waiting for the conclusions of the Office of Prosecutor General (PGO). They took their time and finally shocked us by handing a notice of suspision to Mr. Popov – the Head of Kyiv City State Administration, Mr. Sivkovych – Deputy Secretary of the National Security and Defense Council, and Mr. Koriak – the Chief of the Main Administration of the Ministry of Internal Affairs of Ukraine in Kyiv.
Let’s start with the legal framework. We have the current Law of Ukraine On the Police, which has not not been contested by the Constitutional Court or repealed by the Parliament. This law states that the police in their work are subject to the Interior Ministry. The Minister of Interior directs all police in Ukraine. Neither Popov, nor Sivkovych have anything to do with this function.
Now let’s move on to how the events unfolded. Before November 30, i.e. before the events at the Maidan, Interior Minister Zakharchenko sent a cryptogram (its number and copy is in our possession, and we are ready to provide it to the PGO, despite the fact that it is classified), instructing all oblasts, except Zakarpattia, Ternopil and Ivano-Frankivsk, to send their Berkut units under the [direct] MIA command – not under the command of the Main Administration of the Interior Ministry of Ukraine of Kyiv City.
This means that the former Head of the Kyiv Police Valerii Koriak could not control [Berkut] and had absolutely no right to do this.
Popov had no authority over the police either. If it was municipal police, then Popov would have to be responsible. I do not understand how Popov could possibly direct the police. He can manage municipal janitors, plumbers and the like.
As for Mr. Sivkovych, he is the Deputy Secretary of the NSDC. If he acted on his own initiative bypassing the chain of command, even so, how could the police possibly take his orders? The police report only to the Interior Minister. The Internal Troops [of the Interior Ministry] are also subordinate to the Chief of the Armed Forces, that is the President of Ukraine.
Petro Feshchuk is also among those accused. He is certainly as bad a douchebag as can be in the police, but we so far do not have any direct evidence against him. Perhaps the PGO has such data.
Thus, all the police and Berkut who were stationed in Kyiv, reported directly to the Minister of Internal Affairs of Ukraine (MIA). At 3:45 am Marynenko O.I., the head of the Public Safety Department of the MIA in Kyiv, who for some reason is not mentioned anywhere, provides instruction as directed by the MIA Department of Public Safety tasking police units, which I will list so that people are clearly aware, which Berkut units took part in the beating. These are Berkut units from the Crimea Poltava, Chernihiv, Sumy, Luhansk oblasts and Kyiv City. The order was, verbatim: “Disperse the rally on EuroMaidan.” One of Berkut officers recorded it on his cell phone.
The units were lined up around Independence Square, the order to disperse [the rally] was given by Deputy Chief of the Public Safety, Lt. Colonel S.V. Kyryndiuk, under whose operational command all these units were.
Maidan dispersal was planned, and the police were given not rubber, but plastic batons that are much more dangerous and prohibited by all conventions in the book, and are illegal in Ukraine.
It is not clear why notice of suspicion has not been served to Mr. Marynenko or Berkut chiefs in the specified oblasts, who fulfilled clearly criminal orders.
And the most important thing. The order of the Minister of Internal Affairs of Ukraine no. 529 “On Approval of Provisions on Berkut Special Police Units” has no stamp “Registered with the Ministry of Justice.” In accordance with the Decree of the President of Ukraine of 1992 issued by President Kravchuk, since January 1, 1993 all statutory acts that deal with the rights and freedoms of citizens shall be registered with the Ministry of Justice of Ukraine. Unregistered documents are deemed invalid and not enforceable in the territory of Ukraine.
Furthermore, according to the Constitution of Ukraine, laws and regulations of Ukraine that are not communicated to the public are also invalid. We have made requests to newspapers Uriadovyi Kurier, Holos Ukrainy and all departmental publications of the MIA. Nobody published this order, which means that it has not been communicated to the public. Thus, regardless of any MIA statements, Berkut units today are illegal paramilitary formations acting contrary to the Constitution of Ukraine and laws of Ukraine and the responsibility for everything that was carried out falls on Interior Minister Zakharchenko.
If no action is taken against him by the top political leadership of the state, an appeal will be sent to the International Criminal Tribunal in the Hague, and there is every reason to do this. 45 assaults on journalists have been established – none of the police officers, including those I mentioned, has been given a notice of suspicion. The dispersal of peaceful protesters and beatings on December 1 and 11 are de facto unpunished.
As you know, Ukraine did not accede to the International Criminal Court in the Hague, as the Constitutional Court in 2001 recognized the accession to the court as unconstitutional, because the process of filing applications against the then president Kuchma started in connection with the Gongadze case. But among recent police violence victims there are many people with dual citizenship as well as citizens of Ukraine legally residing in the EU, and these people have all rights as a citizen of this country, except the right to be in public service, serving in the national army, to elect and be elected. These people can apply on behalf of the State to the Hague Tribunal.
We are in contact with such people, and are currently negotiating with the countries where they live, to support their applications. Thus, I provided specific names, identified specific positions and regional Berkut units, who participated [in the dispersal]. My question now is the following: why notices of suspicion have still not been served to these individuals?
I’m just helping the investigation. Please, take these people and bring them to justice, I do not want to go down to each sergeant. Each sergeant has an officer, who gave him orders, so let them answer. And each sergeant will have to answer for those, whom he hit – Ivanov, Petrov, Sidorov. Investigation and prosecution has to establish this.
If this information is brought to the public, tomorrow there will be a lot more police officers sitting here instead of me, who will say much more than I did.”