The right to investigate suspicions does not imply the right to use any means necessary: Ukrainska Pravda's position

We are profoundly outraged by the statement issued by the Vienna Prosecutor's Office regarding the detention of Ukrainska Pravda journalists Mykhailo Tkach and Yaroslav Bondarenko. Instead of answers to specific questions, we have received an attempt to justify the actions of law enforcement officers.

We consider the measures taken against our colleagues to have been unjustified and disproportionate. Both men say physical force was used during their detention. Yaroslav sustained injuries and required medical assistance. Mykhailo was held for more than 12 hours. The journalists' phones and other communication devices were confiscated, severely restricting their ability to contact the editorial team and their loved ones. Furthermore, our colleagues say several items belonging to them were damaged during the detention and some belongings were lost. All these circumstances require documentation and legal assessment.

Our colleagues informed the law enforcement officers that they were journalists carrying out an assignment. The professional status of Mykhailo Tkach and Yaroslav Bondarenko could have been quickly verified through publicly available sources or by contacting the editorial team directly. It is claimed that the officers did not know they were journalists at the time of their detention, but that does not explain why they continued to be held after the officers had been given this information.

The right to investigate suspicions does not imply the right to use any means necessary. Even if there are grounds for an investigation, that does not automatically justify the use of force, prolonged deprivation of liberty, or the confiscation of communication devices. We believe there are grounds to conclude that the law enforcement officers exceeded their powers and infringed our colleagues' rights.

What is particularly outrageous is that instead of helping the Ukrainian anti-corruption agencies to establish the whereabouts of individuals who may be evading investigation, Austrian law enforcement officers have used force against journalists who are working in the public interest.

Our editorial team has learned that Ruslan Kravchenko is currently in Vienna. The circumstances surrounding his presence there are a matter of public interest and warrant journalistic scrutiny. The Austrian legal system must not be used to stifle legitimate journalistic inquiry.

The public prosecutor's office states that information provided by third parties was one of the grounds for the arrest, but has not explained how the accuracy of that information was established, whether it was corroborated by publicly available information, or whether the possibility that it may have been intended to mislead the law enforcement agencies was examined.

This raises a fundamental question: have the Austrian law enforcement agencies been used to obstruct journalistic work? The actions of those who reported the alleged crime require a separate investigation and legal assessment. It must be established whether the information they provided was accurate and whether they deliberately disseminated false or misleading information. If such conduct is confirmed, those involved must be held accountable as provided for by law.

We expect specific answers: What justified the use of force? Why were our colleagues held for so long? On what legal grounds were their communication devices seized? Why could the information not have been verified by less intrusive means? The damage to and partial loss of property must also be explained separately. The published statement leaves these questions unanswered.

Together with our lawyers, we will be seeking a full investigation into the detention, seeking to hold accountable those responsible for any violations, establish the circumstances in which property was lost, and secure compensation for the damage caused.

The release of our colleagues does not bring this matter to a close. For us, it will remain unresolved until the circumstances have been established and the actions of everyone involved have received a proper legal assessment.

Sevğil Musaieva, editor-in-chief of Ukrainska Pravda

Translation: Ann Kybukevych

Editing: Teresa Pearce