Five years and one revolution later, the Gongadze case goes to court (01/15/06)

Five years and one revolution later, the Gongadze case goes to court

RFE/RL Ukrainian Service and RFE/RL Newsroom

The trial of three former Internal Ministry officers for their alleged roles in the 2000 killing of journalist Heorhii Gongadze opened briefly in a packed courtroom in the Ukrainian capital on January 9 before the presiding judge adjourned the proceedings until January 23.

Relatives of the slain journalist and their lawyers said they were "surprised" by Kyiv Appeals Court Judge Iryna Grygorieva's decision to adjourn the trial for so long - a move she announced after one of the defendants, former Internal Ministry officer Mykola Protasov, reportedly felt faint in the courtroom.

Reports from Kyiv said dozens of relatives, lawyers and prosecutors were packing the tiny courtroom, which was too small to hold the crowd of reporters covering the event.

Journalists tried to force their way into the room during the recess, arguing that the hearings were open to the public and that all media should be allowed to attend the trial. But guards drove them back.

Among those who attended the trial was Gongadze's widow, Myroslava, who arrived on January 8 from the United States.

Addressing reporters outside the courtroom, she said those truly responsible for her husband's killing have not yet been arrested.

"I don't think this [trial] is enough, because these [three] people [defendants Valeriy Kostenko, Mr. Protasov and Oleksander Popovych] had no personal motives for killing Heorhii," Ms. Gongadze said. "They were carrying out a criminal order. They had the option of not carrying it out. They could have saved their honor and they could have refused to follow the order, but they killed Heorhii and they must be punished. The next step will be when the organizers of this crime are brought to justice. Their identities are known and they must be punished along with the people sitting in the dock today."

In comments made later to RFE/RL's Ukrainian Service, Ms. Gongadze accused Oleksii Pukach, formerly of the Internal Affairs Ministry, of being one of the main organizers behind her husband's killing.

"Pukach directly issued orders," she said. "Pukach took a direct part in this assassination. So far, nothing has been said [in court] about those who ordered the killing, and we intend to invite many witnesses who will be able to shed a lot of light on this case, even in this court session."

Mr. Pukach is wanted in Ukraine, but remains at large. His whereabouts are unknown.

Many in Ukraine suspect former President Leonid Kuchma and other top state officials of orchestrating the murder of Gongadze, who wrote about high-level corruption. Mr. Kuchma denies the accusations.

President Viktor Yushchenko, who took over from Mr. Kuchma following the 2004-2005 Orange Revolution, has publicly vowed to resolve the Gongadze case, calling it a priority.

Gongadze's mother, Lesia, refused to attend the January 9 court hearings, saying she no longer has faith in the Ukrainian justice system.

In comments made on January 8, she said she was disappointed with a December 19, 2005, preliminary hearing at which the judge reportedly turned down her request for an additional probe to help find those responsible for organizing the killing.

Addressing reporters before the court session opened, however, Lesia Gongadze's lawyer, Andrii Fedur, said he attached great importance to the hearings. "For me, it will be very important to see what kind of statements will be made and what kind of questions will be asked, whether the trial will be the same as it was on the 19th, when the prosecutor acted as the main defender of the accused, or whether it will finally consider the real subject," Mr. Fedur said. "So, for me personally, this will be a key court hearing."

The 31-year-old Gongadze was abducted in 2000. His beheaded body was discovered in a forest near Kyiv.

Gongadze's murder is believed to have played a key role in eroding public support for President Kuchma and his government.

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