Генпрокурор Юрій Луценко і його заступник, військовий прокурор Анатолій Матіос використовують свої повноваження для політичних переслідувань, зловживають службовим становищем і причетні до тиску і тортур затриманих в рамках так званої «справи податківців». Про це в своєму листі, адресованому Верховному представнику ЄС із закордонних справ і політики безпеки Федеріці Могеріні і членам Комітету постійних представників Ради ЄС (Coreper), написав лідер партії «Успішна країна» Олександр Клименко. http://oleksandr-klymenko.com/newsroom/news/8739-klimenko-rasskazal-evrochinovnikam-o-zloupotrebleniyah-vlastyu-lutsenko-i-matiosa/

1. +38 0800 200 555,
e-mail: info@uspishnakraina.com
Ms. Federica Mogherini
High Representative of the EU for Foreign Affairs and
Security Policy / Vice-President of the European Commission
European Commission
Rue de la Loi / Wetstraat 200
1049 1049 Brussels
Belgium
October 24, 2017
Dear Ms. Mogherini!
First of all, I would like to express my sincere gratitude for your concern and attention
to the matter of human rights protection in Ukraine. I am also confident that the Law
on education, which was recently adopted, leads to violation of the rights of national
minorities. I respect your desire to resume negotiations with Ukrainian power about
this issues after receiving the conclusions of the Venice Commission. In its turn, team
of the "Uspishna Kraina" party under my leadership deals with lobbying for repealing
the above-mentioned law in Ukraine.
Unfortunately, violation of the rights of national minorities – is not the only human
rights violation that has been permitted by Ukrainian power during the last three years.
I believe that you are aware of the fact that on September 27, the roundtable "Violation
of human rights, limits to freedom of speech and political repressions in Ukraine" took
place in Brussels. Members of the European Parliament, namely, MEPs Jiri
Mashtalka, Javier Cousp Permuy (GUE / NGL), Tatjana Ždanoka (Greens / EFA) and
Andrei Mamykin (S & D) become the organizers of the event. During the event, it was
presented the monitoring of certain aspects of human rights violations in Ukraine,
which was prepared by the human rights group "Uspishna Varta" that is a part of our
team. In particular, the monitoring includes proven facts of persecution for political
reasons of Ukrainian citizens, preclusion of legal activities of political parties,

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restrictions on the right to assemble peacefully, etc. Particular emphasis is placed on
political prisoners in Ukraine and prisoners of conscience.
For instance, Denis Kindrat – student from Lviv – who stored communist symbols and
literature, journalists Dmitry Vasilets, Evgeniy Timonin, Vasil Muravitsky, who
advocated for public criticism of current power in social networks, and others. Besides
journalists, current government puts pressure on independent media, such as the
"Vesti" radio station, the "Strana.ua" website, Inter and 112 TV channels. You can find
all these cases in the monitoring. Please find attached the copy of the monitoring to this
letter.
Another urgent problem in Ukraine is violation of the right to a fair trial and
presumption of innocence. I know about this problem first-hand. As far as I am
concerned, the Prosecutor General's Office periodically informs you and other greatly
respected members of COREPER about the so-called "Klymenko case". Therefore, I
consider it necessary to send my position and the position of my lawyers in order to
provide you with objective picture of the course of events.
Let me recall, starting from March 2014, the Prosecutor General's Office groundlessly
attempts to bring me, Oleksandr Klymenko, to criminal responsibility for offenses that
I did not commit.
It has been passed three years (criminal proceedings No. 32013110090000193 from
September 03, 2014) since the registration of criminal proceedings in the Unified
register of pre-trial investigations, which is specified by the Prosecutor General's
Office. During this period of time, they could have carried out qualitative investigation,
sent criminal proceedings to the court and rendered a verdict. However, it has not been
provided any no evidence, which can prove my involvement. It means that I have
nothing in common with the crimes, which are mentioned in the letters, and I have
never had. In addition, it demonstrates that the investigating agencies are not interested
in carrying out prompt and effective investigation.
Criminal proceedings No. 32013110090000193, which was mentioned by the
Prosecutor General's Office of Ukraine in its letters, does not exist. Since December

3. 3
2014, its materials have been included to the materials of another criminal proceeding
from No. 42014000000000283. Therefore, it is impossible to conduct any investigative
actions and take procedural decisions in criminal proceedings No.
32013110090000193. However, the Prosecutor General's Office carried out
investigations and made illegal procedural decisions exactly during the above-
mentioned proceedings.
Nowadays, there is no judgement, which considers me, Oleksandr Klymenko, to be
involved in committing any crime. In addition, the fact that I am under pre-trial
investigation does not correspond to reality. According to Ukrainian legislation, such
a procedure can only be carried out in case of notifying person about suspicion or
accusation. I have not received a notification of suspicion of committing a crime in the
manner prescribed by Ukrainian legislation. Defense has repeatedly appealed against
inaction of the investigative authorities concerning improper notification of suspicion
in national courts. However, provisions of Ukrainian laws have not been fulfilled yet.
Moreover, on February 15 and 19, 2016, national court granted two decrees, where
investigating judges ordered that notification about suspicion was not issued in in the
way specified by the Criminal Procedure Code of Ukraine. Consequently, I have not
been informed of any suspicions or investigative actions that had been carried out
against me yet.
In addition, the Prosecutor General's Office has not provided evidence about time,
circumstances, and accounts itself, where I allegedly received exactly state funds.
According to interrogation report (which was received by the defense), neither witness
stated that I, Oleksandr Klymenko, has something in common with illegal VAT refund
or any other crime.
The Prosecutor General's Office in its letters refers to the "Acts on the results of
examination of fulfilment of the letter of the Prosecutor General's Office", which are
considered to be circumstances that give grounds for suspecting me, Oleksandr
Klymenko, of taking possession of somebody else's property in respect of especially
gross amounts committed by official with the abuse of office, repeated, committed by
a group of persons upon their prior conspiracy. However, my lawyers examined the

4. 4
above-mentioned Acts. In particular, it includes the facts that deny all the presented
accusations. Information, which is prescribed by the Acts, confirms and demonstrates
that I, Oleksandr Klymenko, acted only on the grounds, within the powers, and in the
way determined by the Constitution and the laws of Ukraine, Acts and orders of the
President of Ukraine, Decrees of the Cabinet of Ministers of Ukraine, orders of the
Ministry of Finance of Ukraine as a Minister of Revenue and Duties.
Statements of the Prosecutor General's Office about the fact that Oleksandr Klymenko
was put on the wanted list on June 05, 2015 does not correspond to reality. My lawyers
informed me that, according to the decision of the Commission for the Control of
INTERPOL’S Files of February 27,2017 – March 03, 2017, Oleksandr Klymenko was
removed from the databases of the General Secretariat due to gross violations of the
General Regulations and The INTERPOL Constitution. Thus, this decision of the
international organization confirmed reasonableness of the lawyer about the fact that I
have not had status of a suspect during the entire criminal procedure. All the procedural
decisions against me, which are made by law enforcement agencies at the national
level, are void. Nowadays, the Department of Interpol and Europol do not carry out
global activities against Oleksandr Klymenko.
In my letters to you and to greatly respected members of COREPER, I have repeatedly
emphasized that accusations of malversation brought against me by Ukrainian
authorities are nothing more than political persecution directed against my active
political position.
Having no evidence of guilt, law enforcement agencies of Ukraine, namely, the
Military Prosecutor's Office under the leadership of Anatoly Matios, at the end of May
2017, representatives of the Prosecutor General’s Office of Ukraine and the National
Police of Ukraine carried out the so-called "anti-corruption special operation" and
detained 24 former employees of tax authorities, 44 people were notified about
suspicion, plethora interrogations were carried out throughout Ukraine. All these
procedural actions became the result of the investigation of the so-called "Klymenko
case".

5. 5
At the moment, pre-trial investigation of the above-mentioned case is carried out. The
detainees are subjected to cruel treatment, pressure and torture by the authorities in
order to obtain confessions against themselves and their former leader.
Lawyers of the detainees created an initiative group in order to draw attention to
violation of the rights of detainees. In addition, they called on international human
rights organizations and asked to clarify the situation. Defenders appealed to numerous
procedural violations and cruel treatment towards their clients.
Among the obvious violations by law enforcement agencies, there are manipulation
and abuse of procedural rights in criminal proceedings. This criminal procedure was
registered on March 31, 2013, meanwhile detention of the accused took place on May
24, 2017. This proves a violation of Art. 28 of the Criminal Procedure Code of Ukraine.
According to the protocols related to detention of former heads of tax authorities, the
reason for the detention is allegedly Art. 208 para 1 cl. 3 of the Criminal Procedure
Code of Ukraine, namely, if there are reasonable grounds to believe that a possible
escape aimed at evading the criminal responsibility of a person suspected of
committing a grave or especially grave corruption crime is referred to the investigative
jurisdiction of the National Anti-Corruption Bureau of Ukraine. However, detention
was carried out by investigators and prosecutors of the Chief Military Prosecutor's
Office of the Prosecutor General’s Office of Ukraine. They are not employees of the
National Anti-Corruption Bureau of Ukraine. Thus, they are not authorized to detain
person based on the above-mentioned grounds.
In addition, leadership of law enforcement agencies, namely, Yuriy Lutsenko, the
Prosecutor General of Ukraine, and Anatoly Matios, the Chief Military Prosecutor,
publicly threatened judges in social networks during the process of choosing the form
of preventive measure. Such statements of the head of the most influential law
enforcement agency in the country can be regarded as a violation of Art. 6 of the
Convention on Human Rights and Fundamental Freedoms. Such course of event is
unacceptable in the country that adheres to European values and carried out a policy of
compliance with European standards and best practices of justice administration in

6. 6
accordance with Ukraine Judiciary Development Strategy 2015-2020, approved by the
Council of Judges of Ukraine on December 11, 2014, №71.
In addition, during the so-called "special operation", Yuriy Lutsenko, the Prosecutor
General of Ukraine, and Anatoly Matios, the Chief Military Prosecutor, have
repeatedly made statements about the alleged guiltiness of former leadership of the tax
authorities. However, the European Court of Human Rights (hereinafter – ECHR) has
repeatedly emphasized the necessity of ensuring the compliance with the presumption
of innocence and inadmissibility of accusing a person until proved guilty according to
law.
Moreover, according to Art. 17 para 3 of the Criminal Procedure Code of Ukraine,
charges may not be based on evidence obtained illegally. However, Anatoly Matios,
the Chief Military Prosecutor, stated that Nasirov Roman Mikhailovich (suspected of
committing abuse of official post) – the Head of the State Fiscal Service – provided the
Prosecutor General’s Office of Ukraine with an access to tax databases without a court
ruling. Considering the requirements of Art. 62 para 2 of the Constitution of Ukraine
and Art 87 para 2 of the Criminal Procedure Code of Ukraine, an accusation shall not
be based on illegally obtained evidence or on assumptions. Any information, which
was obtained from tax databases, is considered to be inadmissible and illegal.
Artificiality of the criminal proceedings against suspects and contradictions with the
objectives of criminal procedure prescribed in Art. 2 of the Criminal Procedure Code
of Ukraine can be proved by the fact that temporary restriction of freedom of these
individuals is used not for the sake of completeness, comprehensiveness and
objectiveness of investigation, but for coercion to sign a plea bargain.
In addition, people, who are held in custody, are being under enormous psychological
pressure and physical violence in order to obtain necessary testimony. All detainees
are located in temporary detention centres. There are no conditions for providing
medical care. Thus, Olga Gulko Vasilyvna – former head of tax service in the
Artemovsky district of Luhansk – was detained in Truskavets, where she was treated
kidney disease. Defenders have repeatedly appealed to the head of the detention centre
with a request to carry out an examination and treatment of the suspect, including at

7. 7
her own expense. However, the lawyers have not received an official permission for
treatment during the month. At the same time, health of Gulko is constantly
deteriorating. According to the practice of the European Court of Human Rights, the
situation should be considered as a cruel treatment.
On June 21-22, a cellmate attacked Volodymyr Dubel, former head of the tax service
of the Leninsky district in Luhansk, and caused bodily injury. Despite the repeated
messages of the suspect about his fears for his safety, administration of the detention
centre ignored it. Moreover, the lawyer of the suspect was not informed about an attack
on his client. It should be noted that before the incident, representative of the Prosecutor
General's Office of Ukraine visited the suspect and was trying to force him to sign a
plea agreement. As a result, the suspect refused.
In addition, on August 21, 2017, Oleksiy Yaroshenko – former head of the state tax
inspection in the Podilsky district of Kyiv – died of a heart attack. He was also detained
during the special operation of law enforcement agencies of Ukraine. According to
relatives, Oleksiy Yaroshenko was put under severe pressure by the Military
Prosecutor's Office. He was inclined to sign an agreement with the investigation,
threatened him with criminal punishments against him and his family. Relatives are
confident that the heart attack was the result of inhuman pressure of the Military
Prosecutor's Office.
Forcing people to sign plea agreements, arrests of the suspect’s property, intimidation
of their relatives and friends, threats, conducting of the so-called "exploratory" in
temporary detention centres are the elements of pressure on suspects and aimed at
obtaining evidence that will be used in PR actions by the leadership of prosecutor's
office. They will use it in order to create a public perception of victory in their fight
against criminality.
These actions prove violation of Art. 3 and Art. 5 of the Convention and Art. 11 of the
Criminal Procedure Code of Ukraine. Moreover, according to Art. 87 para 2 of the
Criminal Procedure Code of Ukraine, an accusation shall not be based on illegally
(using of such methods) obtained evidence.

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The pre-trial investigation, which is called sensational and revealing by the leadership
of the Prosecutor General’s Office of Ukraine is, in fact, politically motivated. It has
nothing in common with complete, comprehensive and objective investigation.
In particular, this proves the fact of searches in apartments of Nataliya Dmitrichenko,
Chairman of the Political Council of the "Uspishna Kraina" party, within the
framework of the so-called "Klymenko case". On October 19, representatives of the
Military Prosecutor's Office carried out the search with gross violations of the laws.
They stated about allegedly involvement of Dmitrichenko in "functioning of money
laundering schemes". I am the Honorary leader of the "Uspishna Kraina" party. During
the last three years, the party has been providing National Agency for Prevention of
Corruption with reports. In addition, the party is absolutely transparent in terms of
financing.
We established fruitful cooperation with international human rights organizations in
order to use all our powers and experience of protecting human rights and freedoms
with the aim of termination of lawlessness and breaching the law in Ukraine.
I would like to kindly ask you to pay attention to the above-mentioned facts of human
rights violations in Ukraine and to take it into account during the communication with
representatives of Ukrainian power and law enforcement agencies.
Yours sincerely,
Oleksandr Klymenko,
Honorary leader of the "Uspishna Kraina" party,
Founder of the "Restoring Donbas" community initiative.