Former Crimean judge Valerii Chornobuk, accused of the state treason, managed to be mobilized into the Armed Forces of Ukraine in Dnipro. He used mobilization to stop court consideration of his case in Kyiv.
Valerii Chornobuk, the former Head of the Court of Appeals of Crimea, has been accused of the state treason. As the Center for Journalist Investigations found out, he assisted Russian occupants in adjusting the Crimean system of justice to the Russian legislation, he persuaded his fellow judges to serve Russia and accept Russian citizenship.
When the arrest warrant has been issued, ex-judge tried to escape. He has been detained in the house in Kyiv where he hid.
The case of Valerii Chornobuk has been considered by Pechersk raion court of Kyiv very slowly. Judge Vita Bortnytska has not been able to conduct preparatory hearing for eight months – from January till September 2020. Later court hearings resumed and journalists could sometimes attend them. Since February 24, 2022, it has not been known whether court consideration was still going on.
Judge has not published its decisions in the State Register of court decisions after examination on the merits has been launched. In accordance with information of the Center for Journalist Investigations, the court consideration of Chornobuk’s case has been stopped after he has been mobilized into the Armed Forces of Ukraine. However, we did not find respective court decision in the State Register and did not receive answer to our information request.
Journalist and civic activist from Dnipro Ivan Krasikov wrote on March 30 in his Facebook account that Chornobuk has served in Amur-Nyzhnyodniprovsky raion military enlistment office of Dnipro.
“My sources in the regional administration told me that Valerii Chornobuk has served in Amur-Nyzhnyodniprovsky military enlistment office”, as told Krasikov to the CJI.
Ivan Krasikov, journalist and civic activist. Photo: investigator.org.ua
In order to verify this information, we addressed Valerii Chornobuk and his attorney Kostyantyn Grytsyshen. The attorney neither confirmed nor refuted information about the service of his client in the military enlistment office.
“Let my relations with my client will be the same as they have been before… Good bye!” as told the attorney. Chornobuk did not reply question sent to him through Facebook messenger.
Our inquiry about Chornobuk’s case has been answered by Crimean prosecutors.
“On May 16, Chornobuk’s defendants asked the court to stop court consideration of his case as he has been mobilized into the Armed Forces of Ukraine. Pechersky court satisfied the request and stopped the consideration. Defendants submitted official information from the military enlistment office that he was mobilized but did not provide any details”, as told press secretary of the Prosecutor’s Office of the Autonomous Republic of Crimea and Sevastopol City Kateryna Didenko.
Kateryna Didenko, press secretary of the Prosecutor’s Office of the Autonomous Republic of Crimea and Sevastopol City. Photo: investigator.org.ua
Sources of the Center for Journalist Investigations reported that Valerii Chornobuk serves as the lawyer in the Amur-Nyzhnyodniprovsky military enlistment office. It means that he has an access to very sensitive mobilization and personal data.
It should be mentioned that Chornobuk has acquired military experience since 2014 and received the status of the participant of military actions. After his return from occupied Crimea to Dnipro, he applied as volunteer for the military service. He managed the bathhouse and wrote the book about his experience. Our colleague Oleksandr Kurbatov made video on the basis of Chornobuk’s memoirs.
In accordance with an article 335 of the Code of Criminal Procedure of Ukraine, conscription of the accused person into army service is the legitimate reason to stop court consideration of the criminal case. The attorney should submit respective request supported by official information from the military unit.
Chornobuk used an opportunity stipulated by the Ukrainian legislation. However, the legislation does not impose on the judge the obligation to stop consideration of the case of mobilized person. The judge should evaluate the following arguments: where does the mobilized person serve; type of troops; is the person involved into military actions; the position of the person etc. If the person is not involved into current military fighting, then, the court can continue the consideration of the case, as says Tetyana Gavrylenko, the judge of the High Anti-Corruption Court of Ukraine.
Lawyer of military enlistment office Chornobuk could use video communication to participate in court hearings as he works in Dnipro, not at the front line. However, judge Vita Bortnytska took another decision. It means that consideration of the state treason of the ex-Head of the Court of Appeals of the Autonomous Republic of Crimea will be delayed until the end of the war.
