The measures to restrict the freedom of Yurii Sheliazhenko, secretary of the Ukrainian Pacifist Movement, have already been taken.
He cannot leave his home at night and he has been obliged not to communicate with the witnesses of the investigation. What we can read is only the “pronouncement”. The reasons for the judge’s decision will be filed on 18 August. Only by reading the reasons we will be able to understand how the matter is put. At first sight, it seems that the judge has lightened the position of the suspect with respect to the PM’s (public prosecutor’s) requests. But the road is all uphill and in the background, there is the risk of a five-year sentence with the seizure of Yurii Sheliazhenko’s assets.
The provision in question consists of a precautionary measure applied to a person under investigation for a crime.
Which? “War Propaganda”. Article 436 of the Criminal Code of Ukraine, the first in a series of articles classified under “crimes against peace, human security and the international legal order”.
It is truly paradoxical that toward such an internationally renowned nonviolent pacifist as Yurii Sheliazhenko an article classified among “crimes against peace” should be applied.
But let’s come to the charges: “The preliminary investigation,” the documents say, “established that the citizen of Ukraine SHELIAZHENKO, in his capacity of executive secretary of the ‘Ukrainian Movement of Pacifists,’ administrator of the Telegram channel of the same name – spreads information of an anti-Ukrainian nature. Yes, SHELIAZHENKO, knowing for a fact that on the basis of the Decree of the President of Ukraine No. 64/2022 of February 24, 2022, martial law was introduced in Ukraine and in accordance with Art. 1 of the Law of Ukraine “On Preparation for Mobilization and [on] Mobilization” and Art. 1 of the Law of Ukraine “On the Defense of Ukraine” mobilization has begun, using the possibilities of Telegram channels, publicly calls the population to resist mobilization, refuse to serve in the army and hide at home, and through petitions and letters sends an appeal to the authorities of Ukraine with a request to lift the travel ban on male citizens of Ukraine aged 18-60 abroad.”
Not only that. His “faults,” according to investigators, do not end there. “In addition to relevant publications, he also provides personal advice to the channel’s readers and prepared the manual ‘Human Right to the Ideal Refusal of Military Service.’ These actions were carried out deliberately and could lead to the disorganization of preparations for mobilization and, as a result, the weakening of Ukraine’s defensive capabilities under the conditions of hostilities.”
Investigators accuse Yurii Sheliazhenko of spreading “Russian propaganda patterns concerning the ban of the Russian language in the public space in Ukraine.” Another accusation: in his publications, he dares to write about an “alleged violent change of power in Ukraine in 2014 with the financial support of the West.” Another fault would be that in his analyses he takes into account the issue of NATO membership as a trigger for the military conflict.
In the investigators’ papers, much attention is placed on Yurii Sheliazhenko’s connections with left-wing activists, including “a number of left-wing activists from Italy, involved in the activity of World beyond war,” which is an international website coordinating peace groups around the world.
The activities of “World beyond war” – so feared by Ukrainian investigators – have also been followed by PeaceLink, [organization] co-organizing anti-war webinars in the past.
Yurii Sheliazhenko is perceived as a danger to national security precisely because of his strong international connections. The investigators write, “In addition to controlled Telegram channels, SHELIAZHENKO promotes specified narratives through participation in international conferences and on various internet platforms, including those of foreign journalists.”
The point the investigators dwell on is that of conscientious objection. And they write, “SHELIAZHENKO, who presents himself as a pacifist, constantly defends the right to conscientious objection.”
Not only that, “He actively participates in international discussion forums, monitors legal issues, etc., disseminates appeals to avoid mobilization, promotes refusal of military service and rejection of military duty during war.”
And thus, here is the absurd charge, “justifies the armed aggression of the Russian Federation against Ukraine.”
What punishment does Yurii Sheliazhenko face?
The court papers state, “According to Article 12 of the Criminal Code of Ukraine, a criminal offense provided for in Part 2 of Article 436-2 of the Criminal Code of Ukraine (…) shall be punished by restriction of liberty for a period of up to five years or deprivation of liberty for the same term, with or without confiscation of property.”
Note: THE CAUTIONARY MEASURES FOR YURII SHELIAZHENKO
Case number 760/17969/23 1-ks/760/7714/23
DECISION ON BEHALF OF UKRAINE (introductory and final parts)
On August 15, 2023, the investigative judge of the Solomyanskyi District Court of Kyiv Sergienko G.L., under the secretariat of Shmaniv T.I., with the participation of the prosecutor of the department of the Public Prosecutor’s Office of the City of Kyiv Pavlyk S.A, the suspect Sheliazhenko Yu.V. defended by attorneys S.V. Novytska, O.I. Veremienko, having examined in public hearing in the Solomyanskyi District Court of Kyiv the petition of the chief investigator of the Investigative Department of the Security Service of Ukraine in Kyiv City and Kyiv Oblast Novak O.S, concurred with by the prosecutor of the Office of the Public Prosecutor of the City of Kyiv Pavlyk S.A., on the request for a preventive measure in the form of house arrest against suspect Yurii Vadimovich Sheliazhenko, born February 2, 1981, in criminal case No. 22022101110000288 of August 11, 2022,
ACKNOWLEDGED: on the basis of Part 2 of Article 376 of the Code of Criminal Procedure of Ukraine, the decisive part of the decision is announced,
[IT] HAS BEEN DECIDED: The request is granted in part.
It is ordered that suspect Yurii Vadimovich Sheliazhenko, born February 2, 1981, be placed under house arrest, prohibiting him from leaving his place of residence at the address: Kyiv, ****, during the period of time from 10:00 p.m. to 6:00 a.m. on the following day until and including 11.10.2023, excluding the need to leave this residence during an air raid and to receive emergency medical assistance.
The following obligations are imposed on the suspect Sheliazhenko Y.V. up to and including October 11, 2023: to report to the investigator, prosecutor, investigating judge, in court, at each request; to surrender to the relevant state authorities his passport(s) for travel abroad, [as well as] other documents that confer the right to leave Ukraine and to enter Ukraine (if such documents are available); to inform the investigator, prosecutor, or court, of a change of residence and/or employment; to refrain from communicating with persons identified by the investigator as witnesses.
It is explained to the suspect Yu.V. Sheliazhenko that in accordance with Part 5 of Art. 181 of the Code of Criminal Procedure of Ukraine, employees of the National Police, in order to monitor his behavior, have the right to appear at the house where he is under house arrest, to ask for oral or written explanations on matters related to the fulfillment of his obligations.
The National Police Corps at the suspect’s place of residence will be in charge of executing the decision on the choice of a preventive measure in the form of house arrest.
The National Police Corps shall immediately register the suspect Yu.V. Sheliazhenko placed under house arrest and inform the investigator.
Control over the execution of the decision will be entrusted to the prosecutor in the criminal case – to the prosecutor of the department of the Office of the Public Prosecutor of the City of Kyiv Pavlyk S.A.
The decision is subject to immediate execution.
The decision may be appealed directly to the Kyiv Court of Appeals within 5 (five) days, by the suspect, from the date of its pronouncement – in the same period from the moment a copy of this decision was delivered to him.
The full text of the resolution will be announced on 18.08.2023 at 16:20 at the premises of the Solomyansky District Court, located in the city of Kyiv, at Maksym Kryvonos Avenue 25. Investigating judge: Sergiyenko G.L.
