STORY NAME: The Court

COPYRIGHT HOLDER: Press / OPEN Media Hub COPYRIGHT NOTICE: Ownership of content belongs to Euromaidan Press / OPEN Media Hub USAGE TERMS: Share & Adapt - Attribution 4.0 International (CC BY 4.0) https://creativecommons.org/licenses/by/4.0/ EDITOR’S NOTES: The material is originally published with English subtitles and made for the foreign audience SOURCE: Euromaidan Press - http://euromaidanpress.com/2018/11/16/124125/ Open Media Hub – http://www.openmediahub.com “This production was supported by OPEN Media Hub with funds provided by the European Union” LANGUAGE: Ukrainian DURATION: 00:18:00 JOURNALIST: Olena Makarenko EMAIL: [email protected]

SLUGLINE: Creation of the Anti-Corruption Court in Ukraine

HEADLINE: Fight against corruption in Ukraine as seen by civil society

DATELINE: Kyiv, Ukraine – 16/11/2018

SCRIPT: 00:00 - 00:13 - Graphics This is Ukraine and these are the top officials Their task is to make Ukraine prosperous 00:13 - 00:29 - Interview - , the President of Ukraine I don’t have time to wait for the anti-corruption court. I hope we can create anti- corruption chamber next month and then if there will be created anti-corruption court in the year 2019 or 2020 – welcome 00:29 - 00:31 - Graphics In fact, these are the top-officials 00:31 - 00:49 - Interview - Mykhailo Zhernakov, the Head of the DEJURE Foundation Over the last 20 years of Ukraine's independence, our state institutions degraded 00:49 - 00:51 - Graphics - And this is how the top-officials see Ukraine 00:51 - 01:07 - Interview - Oleksandr Limienov, the Head of StateWatch There is no rule of law in Ukraine. The law is seldom implemented as it’s written. We have the political will of top government officials. They turn and twist it as they

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want. 01:07 - 01:16 - Graphics After the Euromaidan Revolution, new people came to power. Actually, they’re not really that new On demand of society and Ukraine’s western partners those in power stepped on the reform path 01:16 - 01:27 - Interview - Anastasia Krasnosilska, the Head of the Anti-Corruption Action Centre In fact, the majority of our everyday work is devoted to analyzing legislation, monitoring the activities of the authorities, preparing suggestions for legislation. 01:27 - 01:47 - Interview - Anastasia Krasnosilska, the Head of the Anti-Corruption Action Centre It’s complex, refined judicial analysis and a very-very-very large amount of consultations with different authorities. Usually, we go to protests when we feel that it is our last instrument to convey our ideas and to persuade. 01:47 - The title The Court 01:51 - 02:07 - Interview - Mykhailo Zhernakov, the Head of the DEJURE Foundation My Euromaidan started from me sitting in the judge’s cabinet. In my cabinet. I was a judge at that moment. When Euromaidan, so to speak, won, I joined a group of experts who were developing a plan for the judicial reform 02:07 - 02:27 - Interview - Mykhailo Zhernakov, the Head of the DEJURE Foundation Today, the Reanimation Package of Reforms is a coalition of civil society organizations. Now it includes 83 of them. They unite about 360 experts on different topics, one of which is the judicial reform. Also there is the direction of the fight against corruption. 02:27 - 02:47 - Interview - Oleksandr Limienov, the Head of StateWatch In 2012, I left the corporate sector. I used to be a lawyer in a big company. I did this after realizing that the team of hammered the last nail into the coffin of the judiciary, and it’s now under the domain of “shadow law.” 02:47 - 03:05 - Interview - Oleksandr Limienov, the Head of StateWatch However, my starting point was that I have two chances: to try to change the rules of the game or to leave this country. Of course I chose the first one - to try to change the situation in Ukraine rather than go. 03:05 - 03:25 - Interview - Krasnosilska, civil activist, lawyer The Anti-Corruption Action Centre is an NGO which works in two main fields. On the one hand, we work as a watchdog. For example, we control the use of state assets through state procurements, through investigations of crimes. On the other hand, we work on advocacy. We prepare laws and persuade MPs and other decision makers to pass them. 03:25 - 03:34 - Interview - Krasnosilska, civil activist, lawyer We were one of the first organizations which promoted the creation of the Anti- 2

Corruption Bureau, the Specialized Anti-Corruption Prosecutor Office. 03:34 - 03:54 - Interview - Krasnosilska, civil activist, lawyer So we can immodestly say that we made a large contribution to every brick of the anti-corruption reform which is working now. 03:54 - 03:59 - Graphics After Euromaidan, the main anti-corruption task was to bring the top-corrupts to justice For that reason, two new institutions were created 03:59 - 04:12 - Interview - Petro Poroshenko, the President of Ukraine We started the war against corruption. This is undeniable. However, it is also obvious that we haven’t received significant victories yet. 04:12 - 04:20 - Interview - Petro Poroshenko, the President of Ukraine Today our task is to review the aims, clarify and refine the plan of our common general offensive. 04:24 - 04:27 - Graphics The National Anti-Corruption Bureau (NABU) conducts investigations related to cases of top-level corruption The Specialized Anti-Corruption Prosecutor’s Office (SAPO) provides a complete, and impartial investigation of criminal offenses for NABU 04:27 - 04:46 - Interview - Krasnosilska, civil activist, lawyer Never before in Ukraine’s history did we see politically independent investigations against top officials. There were no politically independent investigations in Ukraine. 04:46 - 04:56 - Interview - Krasnosilska, civil activist, lawyer The NABU is starting to break this caste of “untouchables” who year by year utilized the country as their property. So yes, in this sense NABU is independent and it implements its task. 04:56 - 05:01 - Graphics DURING 3 YEARS, NABU AND SAPO SENT MORE THAN 140 CASES ON TOP CORRUPTION TO COURTS 05:01 - 05:08 - Interview - Oleksandr Limienov, the Head of StateWatch Putting some personality conflicts aside, the NABU and SAPO are success stories. First of all, they are two independent institutions. 05:08 - 05:20 - Interview - Oleksandr Limienov, the Head of StateWatch If we disregard some personalities, like Nazar Kholodnytskyi [SAPO head accused in corruption and influencing investigations himself], we see they include many people who were selected according to new, honest principles. 05:20 - 05:43 - Interview - Oleksandr Limienov, the Head of StateWatch They are ready to achieve results legally, not to take bribes, and to prepare materials which later will allow bringing perpetrators of corruption crimes to justice. 05:43 - 05:51 - Graphics THE CASE AGAINST THIS MAN WAS THE FIRST PROOF THAT NABU AND SAPO CAN LAUNCH INVESTIGATIONS AGAINST THE “UNTOUCHABLES” 3

ROMAN NASIROV, THE HEAD OF THE FISCAL SERVICE OF UKRAINE IS SUSPECTED OF CAUSING $73.7 MN WORTH OF DAMAGE TO THE STATE 05:51 - 06:09 - Interview - Oleksandr Limienov, the Head of StateWatch I guess, once in a week or two, court hearings on the Nasirov case take place. And as one prosecutor stated, the prosecutor read 247 out of 750 pages of the conviction... If I am not mistaken, those are the statistics. 06:09 - 06:13 - Graphics THE INVESTIGATION AGAINST NASIROV MAY ALSO REVEAL OTHER CORRUPTION SCHEMES WHICH INVOLVE TOP UKRAINIAN POLITICIANS 06:13 - 06:31- Interview - Oleksandr Limienov, the Head of StateWatch First of all, I am a lawyer, and I can’t say for sure now that Nasirov will be convicted. But if hypothetically it happens, people would renew their feeling of justice. That a person who broke the law serves his sentence. And this is the most important thing we should aim for. 06:31 - 06:49 - Interview - Krasnosilska, civil activist, lawyer In 2015, we were not sure that a separate Anti-Corruption Court would be needed. There was hope that courts won’t be able to ignore cases of the independent Anti- Corruption Bureau, that they would make fair jugements in them. That they would rule on them according to their honor, conscience, and the criminal procedural code. 06:49 - 07:08 - Interview - Krasnosilska, civil activist, lawyer Unfortunately, this didn’t happen. We saw that the cases of the Anti-Corruption Bureau became obstructed in courts en masse and are not being considered. And that the cases related to top-corruption get delayed more than other simple criminal cases. 07:08 - 07:14 - Graphics The cases of the top-corrupts are now stuck in courts 07:14 - 07:27 - Interview - Oleksandr Limienov, the Head of StateWatch They would ignore any cases with a political interest. Or the cases with a hidden big corruption interest. 07:27 - 07:37 - Interview - Oleksandr Limienov, the Head of StateWatch If big names are involved, and top-corruption is about top-politicians, all cases will slow down. That is why we need to create the anti-corruption court. 07:37 - 07:40 – Graphics 07:40 -07:49 - Interview - Krasnosilska, civil activist, lawyer A few years ago, it were we [the Anti-Corruption Action Centre] who came up with the idea of an anti-corruption court. 07:49 - 08:10 - Interview - Mykhailo Zhernakov, the Head of the DEJURE Foundation I don’t know any other country where activists can create, for example, a new Supreme Court. Or, despite the ongoing judicial reform, to think up an anti- corruption court, to lobby it, to write a draft law and lobby for its adoption. I think

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activists have a huge influence in Ukraine today. 08:10 - 08:14 - Graphics 08:14 - 08:31 - Interview - Petro Poroshenko, the President of Ukraine Where the anti-corruption court exists? In the countries that can demonstrate the great achievements in the fight against corruption? 08:31 - 08:35 - Interview - Petro Poroshenko, the President of Ukraine They exist in Kenya, in Uganda. It seems to me in Malaysia or and in Croatia 08:35 - 08:55 - Interview - Krasnosilska, civil activist, lawyer It is obvious that anti-corruption courts exist in countries with unprecedented levels of corruption. Second, they exist in countries with no stable tradition of the rule of law. Is there an unprecedented level of corruption in Ukraine? Yes. Is there a long tradition of justice? No. 08:55 - 09:12 - Interview - Krasnosilska, civil activist, lawyer These two diseases are best healed by creation of an anti-corruption court. The President said that a judicial reform will take place and that it will affect all the courts in the country. And all the courts will become anti-corruption ones. Maybe one day this will happen. 09:12 - 09:19 - Interview - Krasnosilska, civil activist, lawyer It will take 5, or maybe 7 years. We are not ready to wait for the top-corrupt to be brought to justice for so long. 09:19 - 09:23 - Graphics OCTOBER 2017, THE VENICE COMMISSION INVITES THE PRESIDENT OF UKRAINE TO PROMPTLY SUBMIT HIS OWN DRAFT ON ANTI-CORRUPTION COURT 09:23 - 09:33 - Interview - Mykhailo Zhernakov, the Head of the DEJURE Foundation Ukrainian western partners hold a position support and money in trade for reforms 09:33 - 09:39 - Graphics By demand of society and Ukraine’s western partners, those in power stepped on the reform path 09:39 - 09:58 - Interview - Krasnosilska, civil activist, lawyer First of all, the Anti-Corruption Court was a request of Ukrainian society. It was supported by the IMF. Of course, the position of the IMF was crucial. Because the creation of the Anti- Corruption Court was the last demand, on which Ukraine’s next IMF loan depended. 09:58 - 10:16 - Interview - Krasnosilska, civil activist, lawyer It so happened that this loan is highly important for Ukraine. Because the financial situation in the country is such that without this loan it would be very difficult for us to pay a great part of our external debts. And we have to do it at the beginning of 2019. 10:16 - 10:26 - Interview - Oleksandr Limienov, the Head of StateWatch If there are political profiteers in power who view power only as a way of

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enrichment, what can we expect from them? Of course they lie and manipulate to achieve their goals. 10:26 - 10:40 - Interview - Oleksandr Limienov, the Head of StateWatch And citizens are somewhere far away, the mere taxpayers. They remember about their citizens two times in 5 years - during presidential and parliamentary elections 10:40 - 10:43 - Graphics 17 OCTOBER, 2017, THE PROTESTS CALLED “BIG POLITICAL REFORM” STARTED 10:43 - 10:58 - Interview - Krasnosilska, civil activist, lawyer When society's mass demand for the anti-corruption court became obvious, the president had no way out. 10:58 - 11:03 Graphics DECEMBER 2017, THE BILL ON THE CREATION OF THE ANTI-CORRUPTION COURT APPEARED ON THE WEB-SITE OF THE PARLIAMENT IT WAS DRAFTED FULLY BY PRESIDENT POROSHENKO'S ADMINISTRATION 11:03 - 11:31 - Interview - Mykhailo Zhernakov, the Head of the DEJURE Foundation First of all, Poroshenko does not need an independent court. Over the 4 years of his presidency, he proved that a judicial reform, in his view, means a further subordination of the court to him under the guise of greater independence and implementation of international standards. 11:31 - 11:51 - Interview - Oleksandr Limienov, the Head of StateWatch There is a thing called telephone justice. This telephone justice is what really influences the corresponding decisions in court institutions. When top politicians allow themselves to directly communicate with representatives of the judiciary and pressure them. Despite this being illegal. 11:51 - 12:07 - Graphics - January 2018 Civil society of Ukraine raised an alarm regarding the bill on the Anti-Corruption Court IMF slams presidential draft bill on anti-corruption court in Ukraine Now World Bank slams Poroshenko’s anti-corruption court bill, $800 mn in the air EU criticizes Poroshenko’s Anti-Corruption Court bill, hints at suspending visa-free travel 12:07 - 12:15 - Interview - Krasnosilska, civil activist, lawyer The number one question regarding the Anti-Corruption Court was: “how do we make sure the judges will be independent?” 12:15 - 12:27 - Graphics What makes a court independent? Neither a bigger salary, nor security will help, if the judges are already politically dependent. So the key question is: who will select them? The competition to the Supreme Court showed that bodies of judicial self- government can’t select independent judges. 12:27 - 12:31 - Graphics “Only involvement of international experts with a veto right can make the process 6

effective,” say the activists 12:31 - 12:37 - Graphics They should review the list of candidates and point out those who do not fit the criteria of integrity and professional ethics. Such candidates will not pass. 12:37 - 12:57 - Graphics During the competition to the Supreme Court, representatives of civil society were given this role. But they weren't given the powers to toss out dishonest candidates. 12:57 - 13:04 - Interview - Krasnosilska, civil activist, lawyer After one and a half years of discussions, the President submitted a bill where international experts were given an advisory role. 13:04 - 13:21 - Interview - Krasnosilska, civil activist, lawyer Honestly, it looked like a jeer. At that time, the competition to the Supreme Court, which also had an advisory body made of civil society representatives, had already taken place. We were told this advisory body will have an influence. But it didn’t happen. 13:21 -13:25 - Graphics 13:25 - 13:33 - Interview - Mykhailo Zhernakov, the Head of the DEJURE Foundation The High Qualification Commission of Judges [judicial self government institution] overturned most of the Public Integrity Council’s conclusions on dishonest candidates. 13:33 - 13:40 - Interview - Mykhailo Zhernakov, the Head of the DEJURE Foundation It saw no problems with judges involved in political trials, nor with prosecutions of Euromaidan activists, nor with judges harboring immense wealth. 13:40 - 14:00 - Interview - Mykhailo Zhernakov, the Head of the DEJURE Foundation Political pressure and political agreements were decisive. A few new judges were appointed to show there is a progress and some renewal. I think it was also a political decision. 14:00 - 14:06 - Graphics 14:06 - 14:19 - Interview - Petro Poroshenko, the President of Ukraine The competition to the Supreme Court is a highly important precedent which all the system inherits. The fight for the creation of the new Supreme Court was not easy at all 14:19 - 14:39 - Interview - Mykhailo Zhernakov, the Head of the DEJURE Foundation What we should avoid [during the creation of the anti-corruption court] is a repeating the [Supreme Court] scenario. The President’s bill foresaw that the Council of International Experts will have the same responsibilities as the Public Integrity Council. 14:39 - 14:49 - Interview - Mykhailo Zhernakov, the Head of the DEJURE Foundation 7

That it will analyze something and then the High Qualification Commission of Judges will overcome its decisions very fast. 14:49 - 15:02 - Title 1 March 2018, the voting for the Presidential bill on the Anti-Corruption court in the first reading. , Chairman of the 15:02 - 15:22 - Title I put the bill #7440 on the High Anti-Corruption Court as a base up for vote. I ask you to vote, ask you to support it. Let’s vote, colleagues. I ask to support it. Every voice is important. Let’s vote. 15:22 - 15:25 - Interview - Andriy Parubiy, Chairman of the Verkhovna Rada 282 votes for it. Congratulations, friends! 15:25 - 15:32 - Title - ALMOST 2000 AMENDMENTS WERE MADE FOR THE SECOND READING 15:32 - 15:43 - Interview - Krasnosilska, civil activist, lawyer Between the first and the second reading, the President’s Administration rolled out the cheap bargaining. 15:43 - 15:58 - Interview - Krasnosilska, civil activist, lawyer They realized they needed the money, but at the same time haggled to reduce the role of international experts in selecting anti-corruption judges 15:58 - 16:01 Title JUNE 7. THE VOTING FOR THE PRESIDENTIAL BILL ON THE ANTI-CORRUPTION COURT IN THE SECOND READING 16:01 - 16:19 - Interview - Petro Poroshenko, the President of Ukraine I call on the Verkhovna Rada to today find the strength and resources which it showed many times during the last four years and to vote for the bill on the Anti- Corruption Court. 16:19 - 16:28 - Interview - Petro Poroshenko, the President of Ukraine I am sure that it will pass this exam today with dignity. Good luck! Thank you. 16:28 - 16:30 - Interview - Andriy Parubiy, Chairman of the Verkhovna Rada Thank you, Mr. President! 16:30 - 16:47 - Interview - Anastasia Krasnosilska, the Head of the Anti-Corruption Negotiations with the IMF went on for very long - until the last night before the bill was passed. And until the last moment the President’s Administration tried to think of at least something to reduce the role of the international experts. 16:47 - 17:05 - Interview - Andriy Parubiy, Chairman of the Verkhovna Rada Let’s vote colleagues! It’s a historical decision. I ask you to support it, ask you to vote. Let’s vote, colleagues. 17:05 - 17:25 - Interview - Andriy Parubiy, Chairman of the Verkhovna Rada 315 in favour. The decision is made. Congratulations to all in the session hall. It is a great victory. The Verkhovna Rada once again proved its ability and readiness for the hardest reforms. Congratulations to all of you, colleagues! Congratulations to

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the President of Ukraine. 17:25 - 17:40 - the end - titles A compromise was made regarding the veto right for international experts. However, the High Qualification Commission of Judges still remains the most influential institution in the selecting process. 342 candidates applied for the positions of judges. The commission disqualified 69. 17:40 - 18:00 - the end - titles The IMF reached an agreement on allocating the tranche for Ukraine. Tentatively, it would be signed by the end of 2018. The whole selection process is expected to end by February or March 2019. Activists see the same trends in the commission’s manipulations as those which took place during the competition to the Supreme Court.

SHOTLIST: Videographics, Yes Conference, Interview (DEJURE Foundation office, Reanimation Package of Reforms Office, Kyiv street), official meetings of President Petro Poroshenko, Photo (the work of NABU, SAPO, the court hearing on the case of Roman Nasirov), Verkhovna Rada (Ukrainian Parliament) sessions

SCRIPT: (Original language)

CAMERA OPERATOR: Denis Melnik

VIDEO EDITOR: Dmytro Tiazhlov, Oleksandra Chuprina, Ganna Naronina

MUSIC RIGHTS: Kevin MacLeod, Dances and Dames (If applicable) Airtone, NightWalk NiGiD, Regeneratings NiGiD, Low Battery NiGiD, Lucky Thirteen News Intro

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