Attack on Ukrainska Pravda journalist: defendants receive suspended sentence, subject to appeal

The Obukhiv District Court jailed two defendants for attacking Ukrainska Pravda journalist Mykhailo Tkach while on duty at the Tandyr restaurant in Kozyn. They were sentenced to three years of suspended sentence with probation, as well as the option to appeal the conviction.

Source: press service of the Obukhiv District Court 

Details: According to reports, the court determined that on 17 November 2023, journalist Mykhailo Tkach of Ukrainska Pravda entered the premises of the Tandyr restaurant to record video as part of an editorial investigation.

Around 23:29, visitors began to leave the restaurant, after which Tkach got out of the car and was in an open area – the restaurant's car park, that is, in the public area, and began openly recording video on a digital video camera according to the editorial assignment, guided by the provisions of Art. 5, 7, 24, 25 of the Law of Ukraine On Information.

At the time, the two accused (Khomiak and Oliinyk, according to Ukrainska Pravda), blocked the passage, closed the video camera, and carried out other actions that prevented Tkach from filming the people who left the restaurant, and did not allow him to move closer to the exit, "thus impeding the journalist from carrying out his professional duties."

Quote: "The court found both accused guilty of a crime under Article 28.1 and Article 171.2 of Ukraine's Criminal Code, namely, willful preclusion of legal professional activities of journalists committed by a group of people without prior conspiracy.

The court considered the lack of prior conviction of the accused, the absence of mitigating and aggravating circumstances, and the opinions of the parties to the criminal proceedings before sentencing them to three years of restriction of freedom with a two-year probation period.

The ruling has not taken effect and can be appealed in court."

Background:

• Late in the evening of 17 November, Ukrainska Pravdaʼs Mykhailo Tkach was attacked while filming outside the Tandyr restaurant in Kozyn, Kyiv Oblast.
• Following Ukrainska Pravda’s reporting of the attack on journalist Mykhailo Tkach, the Kyiv Oblast Police have opened a criminal investigation into the obstruction of journalists’ legitimate professional activities.

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