(CPJ/IFEX) – According to CPJ, on 23 February 1998, a libel judgment was issued against “Vseukrainskiye Vedomosti”, which has forced the shut-down of the popular opposition daily. “Vseukrainskiye Vedomosti” published its last issue on 26 March 1998, after losing a controversial libel case to a government-tied sports organization for 3.5 million hryvnyas (about US$1.8 million) […]
(CPJ/IFEX) – According to CPJ, on 23 February 1998, a libel judgment was
issued against “Vseukrainskiye Vedomosti”, which has forced the shut-down of
the popular opposition daily.
“Vseukrainskiye Vedomosti” published its last issue on 26 March 1998, after
losing a
controversial libel case to a government-tied sports organization for 3.5
million hryvnyas (about US$1.8 million) in moral damages. Volodymyr Ruban,
the paperâs editor-in-chief, said the libel case filed against the daily by
Hryhoriy Surkis, the president of the Kiev Dynamo soccer team who also heads
the national soccer federation, was not only groundless, but illegal. He
cited a number of legal improprieties with Surkisâ case, most notably the
fact that it was filed with a regional arbitration court that lacks
jurisdiction in defamation cases and the courtâs “arbitrary and harsh”
decision, which showed that its goal was to bankrupt and silence the popular
newspaper before the 29 March 1998 parliamentary elections. Colleagues, as
well as legal experts, including former Justice Minister Serhiy Holovaty,
have protested the decision.
Surkis claimed the paper had defamed him in a 17 September 1997 article that
cited him as the source of a rumor that an Italian team made a
multimillion-dollar bid for Dynamo star player, Andriy Shevchenko. Ruban
said the teamâs press agents confirmed that Surkis had spread the rumor. The
case was filed on 31 December 1997 with a court authorized only to arbitrate
commercial disputes, in Chernivtsi, instead of Kiev. On 22 January 1998, the
judge ruled in Surkisâ favor and set a high fine for moral damages without
explanation. On 23 February 1998, the court enforced the ruling, seizing the
paperâs bank account despite its filing for an appeal. The paper ran out of
funds by 27 March 1998.
In another incident, on 22 March 1998, unknown individuals tossed several
Molotov cocktails at “Vseukrainskiye Vedomosti”‘s offices in Kiev. Several
unlit, fuel-filled bottles broke through some windows and caused minor
damage, while the flaming bottles broke against an outer wall. There were no
injuries, but Ruban said police investigating the incident have accused the
paper of orchestrating the incident in an attempt to destroy their financial
records and cover up improprieties. The daily has endured many random tax
inspections in the past six months, as have many other opposition and
independent publications.
CPJ condemns the misuse of libel statutes to silence the opposition
newspaper, “Vseukrainskye Vedomosti” before the 29 March 1998 elections. The
organization is greatly alarmed by the flouting of due process and unchecked
violations of legal procedures by the court in the case, as well as the
courtâs unsubstantiated judgment to slap a ruinous fine on the paper,
clearly aimed at bankrupting it and shutting it down.
Recommended Action
Send appeals to authorities:
against “Vseukrainsiye Vedomosti”, as these attacks violate all of Ukraine’s
international
commitments, as well as the Ukrainian Constitution, which ensures freedom of
the
press
Appeals To
His Excellency Leonid Kuchma
President of Ukraine
VIA FAX: 011-380-44-293-7364/ 291-6161 / 293-1001
Please copy appeals to the source if possible.
