INTERNATIONAL COURT OF JUSTICE
CASE CONCERNING
APPLICATION OF THE INTERNATIONAL CONVENTION FOR THE SUPPRESSION
OF THE FINANCING OF TERRORISM AND OF THE INTERNATIONAL CONVENTION
ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION
(UKRAINE V. RUSSIAN FEDERATION)
VOLUME VII OF THE ANNEXES
TO THE MEMORIAL
SUBMITTED BY UKRAINE
12 JUNE 2018
TABLE OF CONTENTS
Annex 215 Intentionally omitted
Annex 216
Signed Declaration of Oleksiy Oleksandrovych Demchenko, Victim
Interrogation Protocol (30January 2015)
Annex 217
Signed Declaration of Natalya Mutovina, Witness Interrogation Protocol (30
January 2015)
Annex 218
Signed Declaration of Oleksandr Sachava, Suspect Interrogation Protocol (30
January 2015)
Annex 219
Signed Declaration of Oleksandr Chorniy, Witness Interrogation Protocol (12
February 2015)
Annex 220
Signed Declaration of Oleg Mikulenko, Suspect Interrogation Protocol (22
February 2015)
Annex 221
Signed Declaration of S. Bashlykov, Suspect Interrogation Protocol (26
February 2015)
Annex 222
Signed Declaration or Victor Tetyutsky, Suspect Interrogation Protocol (26
February 2015 )
Annex 223
Signed Declaration of Volodymyr Dvornikov, Suspect Interrogation Protocol
(26 February 2015)
Annex 224
Signed Declaration of Maxim Pislar, Suspect Interrogation Protocol (4 March
2015)
Annex 225
Signed Declaration of Olexi Lvov, Suspect Interrogation Protocol (4 March
2015)
Annex 226
Signed Declaration of Vasily Bunchkov, Suspect Interrogation Protocol (4
March 2015)
Annex 227
Signed Declaration of Maksim Mykolaichyk, Suspect Interrogation Protocol
(15 April 2015)
Annex 228
Signed Declaration of Oleg Doroshenko, Suspect Interrogation Protocol (21
April 2015)
Annex 229
Signed Declaration of Vadim Chekhovsky, Suspect Interrogation Protocol (9
May 2015)
Annex 230
Signed Declaration of Dmytro Kononenko, Suspect Interrogation Protocol (13
May 2015)
Annex 231
Signed Declaration of Igor Koval, Suspect Interrogation Testimony (9 June
2015)
Annex 232
Signed Declaration of Igor Panchyshyn, Witness Interrogation Protocol (18
June 2015)
Annex 233
Signed Declaration of Kostiantyn Nuzhnenkoenko, Suspect Interrogation
Protocol (16 July 2015)
- ii -
Annex 234
Signed Declaration of Vladimir Starkov, Suspect Interrogation Protocol (27
July 2015)
Annex 235
Signed Declaration of Sergey Stlitenko, Suspect Interrogation Protocol (10
August 2015)
Annex 236
Signed Declaration of Myckhaylo Reznikov, Suspect Interrogation Protocol
(13 August 2015)
Annex 237
Signed Declaration of Vitaliy Hrynchuk, Witness Interrogation Protocol (19
August 2015)
Annex 238
Signed Declaration of Denys Goiko, Witness Interrogation Protocol (20
August 2015)
Annex 239
Signed Declaration of Denys Hoyko, Victim Interrogation Protocol (20
August 2015)
Annex 240
Signed Declaration of Oleksandr Bondaruk, Victim Interrogation Protocol
(20 August 2015)
Annex 241
Signed Declaration of Yaroslav Zamko, Suspect Interrogation Protocol (26
August 2015)
Annex 242
Signed Declaration of Vasily Pushkarev, Suspect Interrogation Protocol (31
August 2015)
Annex 243
Signed Declaration of Volodymyr Vodyratskyi, Suspect Interrogation Protocol
(11 September 2015)
Annex 244
Signed Declaration of Anton Fadeev, Witness Interrogation Protocol (16
December 2015)
Annex 245
Signed Declaration of Andrii Tishenko, Suspect Interrogation Protocol (26
December 2015)
Annex 246
Signed Declaration of Dmytro Kononenko, Suspect Interrogation Protocol
(22 February 2016)
Annex 247
Signed Declaration of Konstantin Kutikov, Suspect Interrogation Protocol (16
March 2016)
Annex 248
Signed Declaration of Oleksandr Chekorskyy, Witness Interrogation Protocol
(5 April 2016)
Annex 249
Signed Declaration of Paylak Mikhaelian, Suspect Interrogation Protocol (10
October 2016)
Annex 250
Signed Declaration of Artem Kharko, Victim Interrogation Protocol (1
November 2016)
Annex 251
Transcript of Conversation between Andrienko and Tyhonov (12 December
2016)
Annex 252
Signed Declaration of Oleksiy Andriyenko, Suspect Interrogation Protocol (18
December 2016)
Annex 253
Signed Declaration of Haide Rizayeva, Witness Interrogation Protocol (14
February 2017)
- iii -
Annex 254
Signed Declaration of Hanna Mykolayva Fadeeva, Witness Interrogation
Protocol (15 February 2017)
Annex 255
Signed Declaration of Oleksandr Oleksechuk, Suspect Interrogation Protocol
(16 February 2017)
Annex 256
Signed Declaration of Amonenko Oleksiyovich, Witness Interrogation
Protocol (23 April 2017)
Annex 257
Signed Declaration of Oleksandr Voytov, Witness Interrogation Protocol (24
April 2017)
Annex 258
Signed Declaration of Yuri Martynovsky, Witness Interrogation Protocol (26
April 2017)
Annex 259
Signed Declaration of Andriy Yanushevsky, Witness Interrogation Protocol
(27 April 2017)
Annex 260
Signed Declaration of Roman Melnykov, Witness Interrogation Protocol (27
April 2017)
Annex 261 Transcript of Oleksiy Andriyenko Court Testimony (28 April 2017)
Annex 262
Signed Declaration of Denys Skibin, Witness Interrogation Protocol (21 May
2017)
Annex 263
Signed Declaration of Tornike Dzhincharadze, Suspect Interrogation Protocol
(21 May 2017)
Annex 264
Signed Declaration of Oleksandr Mohilevsky, Witness Interrogation Protocol
(22 May 2017)
Annex 265
Signed Declaration of Oleksandr Kvartyn, Witness Interrogation Protocol (23
May 2017)
Annex 266
Signed Declaration of Yevhen Bokhanevych, Suspect Interrogation Protocol
(26 May 2017)
Annex 267
Signed Declaration of Serhiy Semenchenko, Suspect Interrogation Protocol
(10 July 2017)
Annex 268
Signed Declaration of Myroslav Melnik, Suspect Interrogation Protocol (9
August 2017)
Annex 269
Signed Declaration of Semen Boitsov, Suspect Interrogation Protocol (9
August 2017)
Annex 270
Signed Declaration of Marko Gordiyenko, Witness Interrogation Protocol (14
September 2017)
Annex 271
Signed Declaration of Roman Cheremsky, Witness Interrogation Protocol
(undated)
Annex 272
U.N. General Assembly, 20th Session 1406th Plenary Meeting, Official
Records, U.N. Doc. A_PB.1406, para. 135 (21 December 1965)
Annex 273
U.N. General Assembly Resolution 49/60, U.N. Doc. A/RES/49/60,
Declaration on Measures to Eliminate International Terrorism (9 December
1994)
- iv -
Annex 274
Rome Statute for the International Criminal Court, art. 30, 17 July 1998, U.N.
Doc. A/CONF.183/9
Annex 275
France, Working Document: Why an International Convention Against the
Financing of Terrorism?, later reproduced as U.N. Doc. A/AC.252/L.7/Add.1,
(March 11, 1999)
Annex 276
U.N.G.A. Ad Hoc Comm. established by G.A. Res. 51/210 of 17 Dec. 1996,
Rep. on its 3d session, 15-16 March 1999, U.N. Doc. A/54/37 (5 May 1999),
Annex III, para. 1, Annex VI
Annex 277
Annex III, Report of the Working Group on Measures to Eliminate
International Terrorism, 54th Session, U.N. Doc. No. A/C.6/54/L.2, at 58 (26
October 1999)
Annex 215
Intentionally omitted
- 6 -
Annex 216
Signed Declaration of Oleksiy Oleksandrovych Demchenko, Victim Interrogation Protocol (30
January 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Annex 217
Signed Declaration of Natalya Mutovina, Witness Interrogation Protocol (30 January 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
This is a true typed record of my oral statement, which I have read. N.A. Mutovina
Investigator, Ordzhonikidze district investigations department
B.O Nazerov
Annex 218
Signed Declaration of Oleksandr Sachava, Suspect Interrogation Protocol (30 January 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
[Signature]
[Seal: FOR DOCUMENTS No. 5. General Prosecutor’s Office of Ukraine * Central
Military Prosecutor’s Office]
[True to original]
Sheet No. 4
[Signature]
[Seal: FOR DOCUMENTS No. 5. General Prosecutor’s Office of Ukraine * Central
Military Prosecutor’s Office]
[True to original]
Sheet No. 5
[Signature]
[Seal: FOR DOCUMENTS No. 5. General Prosecutor’s Office of Ukraine * Central
Military Prosecutor’s Office]
[True to original]
Sheet No. 6
[Signature]
[Seal: FOR DOCUMENTS No. 5. General Prosecutor’s Office of Ukraine * Central
Military Prosecutor’s Office]
[True to original]
Sheet No. 7
[Signature]
[Seal: FOR DOCUMENTS No. 5. General Prosecutor’s Office of Ukraine * Central
Military Prosecutor’s Office]
[True to original]
Sheet No. 8
Annex 219
Signed Declaration of Oleksandr Chorniy, Witness Interrogation Protocol (12 February 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
RECORD
OF VICTIM QUESTIONING
City of Kramatorsk February 12, 2015
Questioning started at 9:00 a.m.
Questioning ended at 9:45 a.m.
Colonel of Justice Vitaliy Mykolayovych Panchenko, Head of the Department for
Procedural Oversight in Criminal Proceedings of the Investigative Unit at the
Directorate for Overseeing the Observance of the Law by United Forces of the Anti-
Terrorist Operation of the Central Military Prosecutor’s Office of the General
Prosecutor’s Office of Ukraine, questioned the following individual, as a victim as part
of a pre-trial investigation in criminal case No. 42015000000000151 of February 10,
2015, in the offices of the Directorate at 21 Mayakovskoho Street, in keeping with the
requirements of Articles 55, 56, 95, 104, 106, 223, and 224 of the Criminal Procedure
Code of Ukraine:
1. First name, patronymic, last name: Oleksandr Dmytrovych Chornyi
[TRANSLATOR’S NOTE: Paragraphs excluded from the translation scope have
been omitted. Refer to the PDF file]
The victim offered the following testimony in response to the questions
asked:
Since December 24, 2014, I have been stationed in Kramatorsk, Donetsk Oblast, as
part of military duty at the Directorate for Overseeing the Observance of the Law by
United Forces of the Anti-Terrorist Operation of the Central Military Prosecutor’s Office
of the General Prosecutor’s Office of Ukraine, where I served as senior prosecutor with
the Department for Procedural Oversight in Criminal Proceedings of the Investigative
Unit.
On the morning of February 10, 2015, Colonel of Justice Kostiantyn Hennadiyevych
Kulyk, who heads the Directorate in question, announced to me Order No. 11-vk of the
Prosecutor General of Ukraine dated February 9, 2015, relieving me of my duties as
senior prosecutor with the Department for Procedural Oversight in Criminal
Proceedings of the Investigative Unit at the Directorate for Overseeing the Observance
of the Law by United Forces of the Anti-Terrorist Operation of the Central Military
Prosecutor’s Office of the General Prosecutor’s Office of Ukraine, and ordering me to
resume my permanent duties as senior prosecutor with the Department for Procedural
Oversight of Pre-trial Investigations and Support of Public Prosecution in Criminal
Proceedings at the Investigative Unit of the Military Prosecutor’s Office in the Southern
Region of Ukraine.
After announcing the order, Colonel of Justice K.H. Kulyk ordered me to proceed to the
Anti-Terrorist Operation (ATO) Headquarters stationed on the grounds of the military
airfield of Kramatorsk, where I was supposed to hand in the service weapon issued to
me for the duration of my service at the Directorate and collect my personal file from
the personnel department of the ATO Headquarters. I was then expected to hand in
my official documents and depart for Odesa to resume my permanent duties.
Following this order, I put on a bullet-proof vest and helmet, took my service weapon
and departed for the ATO Headquarters at around 11:30 a.m. in an UAZ-31514
military vehicle (number plate: 7007 E1) accompanied by Colonel of Justice Serhiy
Anatoliyevych Kotsyuba (head of department at the Directorate) and the driver –
soldier Anton Mykolayevych Buyakov.
After our arrival at the airfield where the Headquarters were stationed, Colonel of
Justice S.A. Kotsyuba went to the Headquarters on official business. I drove to the
armory (District 65) where I handed in my service weapon by 12:00 p.m. or
thereabouts. At this time, I witnessed a hostile reconnaissance drone get shot down
over the airfield.
After handing in my service weapon, I went to the information security department of
the ATO Headquarters, where I collected my state secret clearance authorization with
appropriate notations made by the head of the personnel department.
Then I returned to the vehicle where the driver – soldier A.M. Buyakov was waiting.
Together we waited for Colonel of Justice S.A. Kotsyuba.
At around 12:30 – 12:40 p.m., 3-5 minutes after I returned to the vehicle, I saw
servicemen start running out of their tents and box vans and take cover in trench
shelters. Then, I heard the sounds of explosions. After telling the driver that the
airfield was obviously under attack and we needed to find shelter, I jumped out of the
vehicle and ran for cover. Some 10-15 meters away from the vehicle, I felt a powerful
impact in the region of my back and neck, which sent me flying to the ground. While
on the ground, I heard explosions. I can’t say how many exactly. I also heard missile
fragments whistling past me. When the noise stopped, I got up and ran to the shelter
where servicemen (particularly personnel of the information security department) were
taking cover. In the shelter, an officer I didn’t know noticed that I had a neck wound
and provided first aid by applying bandages to the wounds.
After the shelling, they took me to an ambulance and transported me along with other
wounded personnel to the trauma wing of Kramatorsk Municipal Hospital No. 3. Since
severely wounded patients had been already brought to the trauma wing before us,
and more of them kept arriving, I could no longer wait to receive medical aid as I was
bleeding profusely. Because of this I went to the inpatient facility – the ear, nose,
throat department, where doctor V.Yu. Chibisov treated my wounds, stitched them up
and staunched the bleeding. That same day, February 11, 2015, I was examined by
trauma doctors V.M. Uskov and V.V. Hetmanov at the trauma wing. They diagnosed
me with a closed craniocerebral injury, shell shock, and a shrapnel wound to the neck
on the right side. They recommended inpatient treatment at the hospital’s neurology
department.
I sustained the above-mentioned injuries and wounds as a result of an enemy attack
with multiple rocket launchers that targeted the airfield of Kramatorsk on February 10,
2015, at around 12:30 p.m. while I was on duty and on an official mission.
During the shelling, I sustained wounds despite wearing a bullet-proof vest and
helmet, which remained intact. Following a medical examination and X-ray, no foreign
objects (fragments) were found in my neck.
I have personally reviewed this record. My testimony has been written down correctly.
I have no comments or anything else to add to the record. [Signature] O.D. Chornyi
Questioned by [Signature] V.M. Panchenko
Annex 220
Signed Declaration of Oleg Mikulenko, Suspect Interrogation Protocol (22 February 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
I personally read the record of questioning. My testimony has been
written down correctly. I have no other comments or additions to make.
Annex 221
Signed Declaration of S. Bashlykov, Suspect Interrogation Protocol (26 February 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
I have read the transcript, and it is an accurate record of my testimony. I have no comments
and nothing further to add.
S.O. Bashlykov
Annex 222
Signed Declaration or Victor Tetyutsky, Suspect Interrogation Protocol (26 February 2015 )
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Investigator’s question:
Suspect’s answer:
Investigator’s question:
Suspect’s answer:
Investigator’s question:
Suspect’s response:
Investigator’s question:
Suspect’s answer:
Investigator’s question:
Suspect’s answer:
Investigator’s question:
Suspect’s answer:
I wish to add that the car started moving, at V.M. Dvornykov’s command, as soon as
the mobile received the SMS “I’m coming.” I had not been informed about his actions and
had no idea that these actions would cause loss of life. I thought this would scare people,
nothing more, without harming them.
I have read this interrogation record. It is an accurate record of my oral statement.
V.V. Tetyutsky
Defense attorney: I.L. Ustymenko
Annex 223
Signed Declaration of Volodymyr Dvornikov, Suspect Interrogation Protocol (26 February 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
My testimony has been recorded accurately and has been read by me. I have no comments and nothing
further to add.
V.N. Dvornikov
[illegible]
Annex 224
Signed Declaration of Maxim Pislar, Suspect Interrogation Protocol (4 March 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
The witness offered the following testimony in response to the questions
asked:
I, Maxim Alexandrovich Pislar, d.o.b. August 26, 1993, reside at 295
Klochkovskaya Street, apartment 113, with my mother Alisa Semionovna Pislar, d.o.b.
March 8, 1967. I am currently officially unemployed. Previously, between June 2011 and
August 2012 I worked at the Venbest security firm in the Pomerki District of Kharkiv.
When the events in Kyiv’s Independence Square began in October-November
2014, I supported the old regime headed by Ukrainian President Viktor Yanukovych. At
the time I was in the city of Kharkiv, following the developments in Kyiv’s central square
through the mass media. Also, after the Maidan Revolution began I joined the “Anti-
Maidan”, “Anti-Maidan Kharkiv”, “Vezhlivye Ludi”, and “Berkut – Oplot Spokoystviya”
groups in the VKontakte social network on the Internet.
Between February 2014 and April 2014, I attended many pro-Russian rallies of the
so-called “Anti-Maidan” in Freedom Square in Kharkiv.
On or around April 14, 2014, a rally of pro-Russian activists of “Anti-Maidan” took
place near Kharkiv City Hall in Constitution Square. During the meeting, I and Alexey
Leonidovich Lvov, who goes by the alias “Lev”, Valery Makagonov (“Makar”), a man
named Ruslan (a.k.a. “Cobra”) approached an unknown man in a Cossack uniform (we
later found out he was Viacheslav Gubin, who went by the alias “Varfolomey”).
We thought he was the main activist of that rally. However, when we spoke to him
he said he was simply a participant and a Cossack chief. We then asked him if we could
help the meeting being held that day, but he said it would be best if we went home
because the police could begin picking up people that day.
We were very interested in the organization of which Viacheslav Gubin was a
member, specifically the so-called Cossack Movement. We took his phone number to
later call him and, possibly, join the ranks of this organization.
Roughly in mid-April 2014 we agreed to meet with Gubin to get to know him
better. The meeting took place in Slatino not far from Kharkiv. Valery Makagonov
(“Makar”), a man named Ruslan (“Cobra”), and A.L. Lvov were already there.
Continuation of the record of questioning of witness M.O. Pislar dated
March 4, 2015
During our meeting, V. Gubin was accompanied by a man who went by the alias
“Vegas” and an unknown thin man with bald patches, about 180 cm tall.
During the conversation we learned that V. Gubin, just like us, had pro-Russian
views and supported federalization of Ukraine. “Vegas” and V. Gubin were organizers of
the Cossack movement. However, Gubin was an official leader while “Vegas”, to my
understanding, was an unofficial figure. Sometimes they jointly held airsoft practice
sessions. “Vegas” focused more on political propaganda with an obvious pro-Russian
slant.
During this meeting they offered us to join the ranks of Cossacks. We accepted
their proposal. On May 2, 2014, my friends and I took the oath of Cossacks. Then we
took an active part in the activity of this organization and practiced airsoft.
In early August 2014, V. Gubin and “Vegas” offered us to go to Belgorod, Russia,
for an airsoft tournament. A.L. Lvov, Vitaliy Bunchikov (a.k.a. “Bunya”), a man named
Volodya (a.k.a. “Sam”), Sviatoslav Gubin (a.k.a. “Zhak”), Alexey Polonsky (a.k.a.
“Kolchak”), two men who went by “Apteka” and “Boyaryshnik”, Oleg Verba (a.k.a. “Lis”),
a man named Alexander (a.k.a. “Ross”), a man named Dmitry (a.k.a. “Mitya”), a man
named Alexander (a.k.a. “Khan”), a man who went by the nickname “Liotchik”, a man
named Artiom (a.k.a. “Jose”), a man who went by the nickname “Joker”, a man who
went by “Yakut”, and a man named Zorislav Zorislavovich Kalashnik (a.k.a. “Zorik”,
“Diesel”) were also present there.
All of the above-mentioned individuals agreed and went to the proposed location
on a Kharkiv-Naumovka commuter train. In Naumovka, Russia, we switched to another
commuter train from Naumovka to Belgorod. The day when V. Gubin suggested that we
go to Belgorod, Russia, and when we agreed, he split our team into several groups (I
don’t recall the exact number). He did not tell us why he did so.
I, A.L. Lvov (“Lev”), Oleg Verba (“Lis”), Alexander (“Ross”), Sviatoslav Gubin
(“Zhak”), Dmitry (“Mitya”), Alexey Polonsky (“Kolchak”), and Z.Z. Kalashnik (“Zorik”)
came to Belgorod, Russia, under the above-mentioned circumstances. I don’t know how
the other groups reached their destination.
“Vegas” met us in Belgorod. He said that we would be going to the Patriot Hotel to
check in. After a 10-minute walk we reached the hotel where we were met by a man
whom I saw once in Slatino, Kharkiv Oblast, at a Cossack training (roughly in late July –
early August 2014), who introduced himself as Sergey. After communicating with my
group members later, I learned that his code name was “Ded”.
The following night another group of people joined us at the hotel. It included the
people who initially set out together with us. V. Gubin and “Vegas” arrived roughly 10
minutes later. Then they brought us together and “Vegas” began telling that we would
be further taken to a camp for recon and sabotage training, with the skills acquired to be
subsequently used in Kharkiv. They also told us that they would teach us how to handle
explosives, explosive devices, particularly how to detonate TNT, plastic-based
explosives, grenades, fire grenade launchers and firearms.
Continuation of the record of questioning of witness M.O. Pislar dated
March 4, 2015
He also said that after completing our training we would return to Kharkiv and, as
and when necessary, would stage explosions to destabilize the social and political
situation in Kharkiv. While “Vegas” was peaking, V. Gubin supported him and expressed
his consent with the words he said and ideas he expressed.
Then a bus drove up to our hotel. Our two groups boarded the bus and left in an
unknown direction. A separate group of people numbering 16 to 20 members also
traveled with us. In this group I remembered a woman named Marina. I paid attention
to her because she was the only woman in the group and also because she behaved as
the group leader: she told people which seats to take and where. I can describe her as
an overweight blonde, looking to be 45 years old, with a round face. I can identify her. I
don’t know the names of other group members but I can identify them in photos.
After about six hours of travel, I saw a road sign with the name “Tambov”. I
realized we arrived in the city of Tambov, Russia. 15-20 minutes later the bus stopped
in the middle of the road. We were told to go outside. When I went outside I saw an
URAL army truck with a green tarpaulin and another bus parked next to our bus. We
then boarded this bus and the URAL truck. Our group traveled in the URAL truck.
Because the tarpaulin was secured in place, I could not see anything and did not know
where we were going.
The group of people with Marina rode the bus. After about 20-30 minutes we
arrived at a military camp to which we were escorted by “Ded” and V. Gubin (a.k.a.
“Batya”). We were met by a man named Viktor, who explained that we arrived to train
for recon and sabotage activities to be conducted in Kharkiv Oblast. He said the camp
was surrounded by men with assault rifles and prohibited us from leaving it. Then they
took our papers and all electronic devices (phones, flash cards, laptops, etc.). We moved
into two tents, each group separately from the other. Marina lived in a separate tent.
That same day we were issued Russian military uniforms. During the next ten days
we underwent training in recon and sabotage activities. I personally studied to become
an explosives expert. During this training they showed me how to properly used TNT,
hang grenades, plastic-based explosives, AK-74 assault rifles, the RPG-7 shoulder-fired
grenade launcher, assault rocket grenades. I learned to use all of those explosives,
weapons, and firearms by learning how to detonate, fire, and use them.
They explained that the skills we acquired would be needed in the future to
conduct recon and sabotage activities and to blow up certain facilities (they did not say
which exactly but told us that further updates would be coming over time) in order to
destabilize the situation in Kharkiv and cause Kharkiv to split off from Ukraine and
create an independent Kharkiv People’s Republic that would join the state of
Novorossiya.
Marina’s group trained under the same program. Sometimes they trained
separately from us and sometimes together. Marina herself was a sniper. I would be
able to say which group member received which military specialty after seeing their
photos.
Continuation of the record of questioning of witness M.O. Pislar dated
March 4, 2015
I also recall that Marina went by the code name of “Zed”. I don’t remember the
code names of other group members. I remembered her code name because it seemed
“posh”.
At the camp I became finally convinced that Marina was the leader of her group
because she gave orders to the group members, went to meetings of group leaders, and
commanded the highest level of respect from her group.
Also, some time on the 4th or 5th day of training, we, including Marina’s group,
took a lie detector test that was meant to expose potential undercover officers of the
Security Service of Ukraine. “Mitya” failed the test. As we later learned he had been
recruited by the Security Service of Ukraine.
All of us, including Marina’s group, signed nondisclosure agreements promising to
keep secret everything that happened there.
About 10 days later we received our papers and items that had previously taken
from us. Other groups left one day before us. V. Gubin left two days before our group.
Some of Marina’s group members left with Gubin to fight in Donbas for the DNR and
LNR, while the rest (with Marina) left with a part of our group who had left sooner.
A bus came to pick up the two other groups, while we got into an UAZ vehicle.
Together with our papers we received tickets for the Tambov-Belgorod bus as well as
$200 each. They told us to await further instructions and refrain from disclosing this
information to the Security Service of Ukraine because they had information
compromising us in the form of our photos taken at the camp. Then we arrived in
Tambov where we got onto a bus and left for Belgorod. There we bought tickets for the
next commuter train and left for Kharkiv.
After arriving in Kharkiv, I did not report to the Security Service the situation in
which I found myself, because they told me about the existence of information
compromising me and that this information would surface if I go to the Security Service.
Also, after arriving in Kharkiv I severed all contacts with V. Gubin and stopped
engaging in criminal activity. Meanwhile, I maintain friendly relations with A.L. Lvov
unrelated to my previous criminal activity. Apart from the above-mentioned trip to the
cap under the circumstances I described, I did not commit any criminal activity. I would
have never gone there if I had known in advance that this was not going to be an airsoft
tournament.
Question: Would you tell us which explosive devices you studied and how your
instructors called them?
Answer: We studied TNT in the form of brick, which was called “soap”; plasticbased
explosives, which were called “sausage”; detonation wires and detonators; I don’t
remember what they were called; MON-50 mines, which were called “monki”; OZM
mines, which were called “ozymi”; semicircular magnetic mine (I don’t recall their official
name, but instructors called them “batons”).
I also can report that after arriving in Kharkiv, I looked up Google Maps and found
the place where the camp was located. I can show it on the Google website.
Continuation of the record of questioning of witness M.O. Pislar dated
March 4, 2015
After this the Google Chrome browser was opened on the investigator’s office
computer, and the maps.google.com website was opened. The witness then
independently located a place with the coordinates 52°40’49.2”N and 41°34’20.1”E on
the map and reported that the camp where the above-mentioned events took place was
located there.
The image of this location was then printed on the office computer. The witness
then personally marked the checkpoint, shower, canteen, and tents on this image.
I would also like to add that I currently fear for my life because Russians and
friends of “Vegas” can exact revenge on me. Therefore, if possible, I plan to leave the
city and, possibly, the country.
I have personally read the record of questioning. My testimony has been written down
correctly. I have no comments or additions to make.
M.O. Pislar [Signature]
Procedural activity conducted and record prepared by:
Investigator of High-Profile Cases
at the Investigative Department of the Kharkiv Oblast
Directorate of the Security Service of Ukraine
Captain of Justice [Signature] A. Prosnyak
Annex 225
Signed Declaration of Olexi Lvov, Suspect Interrogation Protocol (4 March 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
The witness offered the following testimony in response to the questions asked:
I was born in Kharkiv on February 13, 1989. My mother is Elena Alexeyevna Lvova, born
on May 6, 1959. My father is Leonid Vladimirovich Lvov, born on June 17, 1958. He died in
2008. I also have a brother, Evgeny Leonidovich Lvov, born on April 3, 1981. I permanently
reside at the above-mentioned address. I am currently unemployed. My most recent job was a
cutter at a shoe factory.
Last year, I – much like other natives of Kharkiv – came to the square in front of the
Monument to Lenin from time to time. Pro-Russian citizens were holding their rallies there. I
repeatedly saw some people in military uniforms and papakha hats among the participants. I
later realized that those were Cossacks of the Slatino Cossack Chapter.
In the same square I met Ruslan, a.k.a. “Cobra”, Maxim Pislar, and Valery Makagonov.
We met in the square from time to time, where we saw the Cossack leader who introduced
himself as Viacheslav Alexeyevich Gubin. He was accompanied by his son Sviatoslav, who looked
to be 23 years old. Zoreslav Kalashnik and Alexey Polonsky were also next to Gubin at all times.
They struck up a conversation, and they offered us to join the Cossack movement. We accepted
their offer.
We assembled in the village of Slatino, Dergachev District, Kharkiv Oblast. Our meetings
took place in the street, on school premises, or near the monument. We also periodically
gathered in abandoned cow sheds and played airsoft there. Gubin and Polonsky would bring the
gear. Also a man who went by the alias of “Vegas” came to our practice several times. He fully
supported V.A. Gubin. They were both what seemed like organizers of the Cossack movement,
but Gubin was the official leader while “Vegas” remained “in the shadow”.
Roughly in early August 2014, Gubin and “Vegas” suggested that we go to an airsoft
tournament in Belgorod Oblast, Russian Federation. Gubin said he gave us time to think and that
we had to tell him at the next meeting who would be going.
He selected the people himself, specifically those who came to meetings regularly. We did
not know when we would be going and agreed that Gubin would call and tell us. I don’t
remember the date. We boarded an electric commuter train and left Kharkiv at around 4 p.m.
The electric train was headed to Belgorod. The following people left Kharkiv: I, Pislar (a.k.a.
“Rumyn”), Igor “Khalyava” (who left home from Belgorod the following day), Polonsky, and men
who went by “Ros” and “Mitya”. At the railway station of Slatino, “Lis” (Oleg Verba), Zoreslav
Kalashnik, and Sviatoslav Gubin boarded the same train.
We arrived in Belgorod, where “Vegas” met us. He checked us in at the Patriot Hotel. It
was my understanding that a man who went by “Ded Sergey” paid for our accommodation.
Continuation of the record of questioning of witness O.L. Lvov dated March 4,
2015
He looked about 60 years old, short, crewcut, light or gray hair, overweight. We spent the
night, and at around 9 p.m. the following day a large foreign-made bus arrived to pick us up.
I would also like to report that another group of people whom I had not met previously
boarded the same bus with us. This group had a woman as its leader. I later learned her name
to be Marina. She looked 40 years old, light hair, overweight. I can identify her.
We weren’t told anything about where we were going. We thought we would be going
somewhere in Belgorod Oblast. Before departure, “Vegas” approached Gubin and me, saying
that we would be going to practice sabotage activities. This was necessary to subsequently
defend Kharkiv by staging sabotage operations there. Gubin confirmed his words. According to
“Vegas”, these actions were meant to intimidate citizens and the government, which could
require staging several explosions, and they would be teaching us how to do just that. These
events scared me, as I realized that I had been fooled, and understood the true intentions of
those people.
We then got onto the bus and I no longer saw “Vegas”. We rode on a highway. It was
dark and I did not see any population centers. We rode for a long time, at which point I realized
that we were no longer in Belgorod Oblast. What’s more, it became colder.
At around 5-6 a.m. the following day, we switched over to a tarpaulin army truck and
were taken to a military proving ground guarded by soldiers. All of them wore Russian military
uniforms. We were prohibited from speaking to them, since they operated under an oath. They
were also prohibited from speaking to us. Large army tents were set up in the field. There were
bunk beds inside of them. We moved into those tents.
We later met with a man named Viktor. He explained that we had been brought to a camp
to practice shooting weapons and learn recon and sabotage tactics. We had 2 instructors: one
was named Alexander, and I don’t remember the second one. It seems to me that their names
were made up, since Victor once addressed Alexander by calling him Dmitry. They said they
fought in a special operation in the Caucasus as part of the landing troops. The second group
that got onto the bus with us stayed separately. They stayed in a different tent. The woman who
came with them stayed in a separate tent.
They did not let us leave this camp and took our phones and other electronic devices.
We spent a total of 2 weeks there. On day 4 or 5 we were forced to take a lie detector
test. Almost everyone except Mitya passed the lie detector test. Gubin said that he failed. They
began interrogating him immediately before taking him somewhere else. I never saw him again.
During this time they taught us to fire sniper rifles, assault rifles, grenade launchers of
different kinds, the “Shmel” rocket-propelled flamethrower, and throw grenades. I learned to fire
the Dragunov sniper rifle only because they appointed me as a sniper.
I can also say that the above-mentioned women name Marina was also a sniper. I know
this because her group practiced after me, and they took the rifles from us. Her group included
one more sniper. He was short. I don’t know his name or alias.
I was also able to conclude that Marina was the leader of that group, because she spoke
on behalf of the group, expressing the group’s wishes and asking questions on behalf of them.
Continuation of the record of questioning of witness O.L. Lvov dated March 4,
2015
She participated in meetings of group leaders. She also often spoke to Gubin, who was
also a group leader.
We also received medical training. Explosives specialists practiced using explosives.
Roughly 4 days before the end of training, they told us that the courses were over and
those who wanted to could leave, although everybody understood that they would not let us go
just like that. It was also then that they offered us to go to Donbas and fight for the DNR and
LNR. “Yakut” said that he needed to leave, so he was given a ticket home. A few days later they
also gave us tickets and $200 each. Then we left for Kharkiv. I no longer saw the members of
Marina’s group. To the best of my knowledge, some of her group members agreed to go to DNR.
Question: How many members were there in Marina’s group? Do you know their names,
aliases, and military specialties?
Answer: There were 15 men in Marina’s group. I don’t recall exactly. I can’t describe
them all accurately. However, I can identify them in photos. I did not meet this group too often.
I mostly knew them visually. One of their code names was “Zed”, which belong to abovementioned
Marina. I don’t know any other aliases. I don’t know the specialties of the members
of that group. I only remember Marina’s specialty because she shared the same specialty with
me and was the only woman.
Question: Did you sign any papers or make any commitments during that training?
Answer: Yes. During the training we signed a nondisclosure agreement that bound us to
secrecy about what was happening at the time. We also passed a lie detector test, during which
they asked us if we were officers of the Security Service of Ukraine.
Marina’s group also signed NDA and passed the lie detector test, since we all took turns
doing so.
Question: Did that Marina tell you anything about herself?
Answer: I did not communicate with her and her group personally. However, I can report
that still on our way there I heard her conversation with my group. It was obvious from what
she was saying that she hated everything associated with Ukraine. She said she was born in
Russia and wanted Kharkiv to become a part of Russia, to which end she was going to train. It
was my understanding that even back then she knew we were going to receive recon and
sabotage training.
During the trip she also acted as a propaganda officer and demonstrated oratorical skills.
When somebody jokingly mentioned that to her, she answered that she had completed specialist
training in Belgorod.
I would also like to add that I fear for my life, since Russians can exact revenge on me for
what I have said about them. That’s why, on account that I am unemployed and if I am not
sentenced to a term in prison, I intend to go to Poland to work as a migrant worker. I have
friends there.
[hw:] I have read the record of questioning. My testimony has been written down correctly. I
have comments or additions to make.
O.L. Lvov [Signature]
Procedural activity conducted and record prepared by:
Investigator of High-Profile Cases
at the Investigative Office of the Kharkiv Oblast
Directorate of the Security Service of Ukraine
Captain of Justice [Signature] A. Prosnyak
Annex 226
Signed Declaration of Vasily Bunchkov, Suspect Interrogation Protocol (4 March 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
I have read the interview record personally.
The testimony is recorded correctly from my words.
I have no remarks and additions.
Bunchikov
Annex 227
Signed Declaration of Maksim Mykolaichyk, Suspect Interrogation Protocol (15 April 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
My testimony has been written down correctly. I have read it and have
no comments or additions to make.
M.S. Mykolaychuk [Signature]
Questioned by: M.S. Bryliov [Signature]
Annex 228
Signed Declaration of Oleg Doroshenko, Suspect Interrogation Protocol (21 April 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
The transcript has been read by me and is an accurate record of my testimony. I have no comments
and nothing further to add.
Annex 229
Signed Declaration of Vadim Chekhovsky, Suspect Interrogation Protocol (9 May 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Annex 230
Signed Declaration of Dmytro Kononenko, Suspect Interrogation Protocol (13 May 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
D.I. Kononenko
Interrogated by, record compiled by:
Annex 231
Signed Declaration of Igor Koval, Suspect Interrogation Testimony (9 June 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
RECORD
OF WITNESS QUESTIONING
City [Illegible] Date 9 June 2015
Questioning commenced at 10:00 a.m.
Questioning ended at 11:32 a.m.
Lieutenant Colonel of the Police [illegible] questioned the following individual as a witness in
keeping with the requirements of Articles 65, 66, 95, 104, 106, 223, and 224 of the Criminal
Procedure Code of Ukraine in connection with the investigation of Criminal Case No.
42014000000000457 of May 31, 2014 involving alleged crimes falling under Part 3 of Article
258, Part 5 of Article 260, Part 1 of Article 437, and Part 1 of Article 447 of the Criminal Code
of Ukraine, in his office at the Donetsk Oblast Directorate of the Security Service of Ukraine in
Mariupol:
1. First name, patronymic, last name: Ihor Vadymovych Koval
2. Date and place of birth: September 21, 1990, Vuhledar, Donetsk Oblast
3. Ethnicity: Ukrainian
4. Citizenship: Ukrainian
5. Education: secondary
6. Place of employment (or education), occupation and position: unemployed
7. Marital status: single
8. Address of residence (registration): 30 Shakhtarska Street, apartment 46, Vuhledar
9. Prior record of criminal convictions: in 2014, sentenced by the Vuhledar Municipal Court of
Donetsk Oblast under Part 2 of Article 185 of the Criminal Code of Ukraine to 2 years of
imprisonment with a 1-year probation term
10. People’s representative (Y/N): N
11. Details of the passport or other identity document: identity verified
The requirements of Part 3 of Article 66 of the Criminal Procedure Code of Ukraine regarding
the obligation of the witness to refrain from disclosing information about the completed
procedural activity have been explained to the witness.
[Signature]
(Signature)
It was explained to the witness that he was summoned to testify in connection with criminal
case No. 42014000000000457 of May 31, 2014, involving the alleged crimes falling under Part
3 of Article 258, Part 5 of Article 260, Part 1 of Article 437, and Part 1 of Article 447 of the
Criminal Code of Ukraine.
[Signature]
(Signature)
The witness acknowledges having been explained the meaning of Article 63 of the Constitution
of Ukraine to the effect that an individual may not be held accountable for refusing to offer
testimony or explanations regarding himself, his family members or next of kin per the list
defined by law.
[Signature]
(Signature)
The witness acknowledges having been explained the meaning of Article 18 of the Criminal
Procedure Code of Ukraine about freedom from self-incrimination and the right not to testify
against family members and next of kin.
[Signature]
(Signature)
The witness acknowledges having been explained the questioning procedure, his rights
available under Article 66 of the Criminal Procedure Code of Ukraine, according to which:
1. The witness has the right to:
1) know in connection with what and as part of what criminal proceedings he or she is
being questioned;
2) while testifying or participating in other procedural activities, use the legal assistance
of an attorney, whose authorization must be proven according to the provisions of Article 50 of
the Criminal Procedure Code of Ukraine (specifically: 1) a certificate proving the attorney’s
right to engage in legal practice; 2) an order, an agreement with the defense attorney or an
authorization issued by an agency (institution) that is authorized by law to provide free legal
assistance);
3) refuse to offer testimony about himself, his next of kin or family members, if such
testimony can give rise to suspicion or accusation against him or his next of kin or family
members of having committed a criminal offense, as well as testimony that is not subject to
disclosure under Article 65 of this Code (specifically – the following individuals may not be
questioned at witnesses: 1) the defense attorney, the representative of the aggrieved party or
plaintiff in a civil lawsuit, defendant in a civil lawsuit, the legal representative of the aggrieved
party or plaintiff in a criminal lawsuit – about circumstances that have come to their knowledge
as a result of performing their duties as a representative or defense attorney; 2) lawyers –
about information protected by attorney-client privilege; 3) notaries – about information
protected by notary-client privilege; 4) medical workers and other persons who have learned
about a disease, medical checkup, examination or their results, an intimate or familial aspect of
the person’s life as a result of performing their professional or official duties – about
information protected by doctor-patient privilege; 5) clergymen – about information they
received during confession of believers; 6) journalists – about confidential information of a
professional nature disclosed to them on condition of nondisclosure of authorship or the source
of information; 7) professional judges, lay judges or jurors – about the circumstances of
conference room discussions of issues that arose in the context of passing a judicial ruling,
except in the instances of criminal proceedings against judges that knowingly issued unlawful
verdicts or rulings; 8) persons involved in drafting and enforcing an amicable settlement
agreement in criminal proceedings – about circumstances that have come to their knowledge
by virtue of their participation in the drafting and enforcement of the amicable settlement
agreement; 9) individuals who received witness protection – about the actual details of their
identities; 10) individuals who possess information about the actual identity of persons who
received witness protection – information about their identity. Individuals enjoying diplomatic
immunity and employees of diplomatic missions may not be questioned as witnesses (and may
refuse to testify) without the consent of a representative of the diplomatic mission);
4) testify in his native language or another language of which he has fluent command, and use
the services of an interpreter;
5) consult notes and documents when testifying in cases when the testimony concerns
calculations or other information that is difficult to memorize;
6) be reimbursed for the costs associated with the summons to testify;
7) review the record of questioning and request for it to be amended, supplemented or
updated with comments, and also write such additions or comments by hand;
8) request protection in the instances prescribed by the law;
9) request another interpreter.
2. The witness must:
1) when summoned, appear before an investigator, prosecutor, investigating judge, or
court;
2) offer truthful testimony during a pretrial investigation or court proceedings;
3) refrain from disclosing information directly pertaining to the criminal investigation
and proceedings being conducted (or previously conducted) as part of this investigation, which
he or she learned in connection with his duties, unless authorized to do so by the investigator,
prosecutor, or court.
3. A person involved in procedural activities as part of a pretrial investigation in the
capacity of an attesting witness or a person who has witnessed such activities must not
disclose information about such procedural activities when specifically asked by an investigator
or prosecutor to refrain from such disclosure.
In addition, according to Part 7 of Article 224 of the Criminal Procedure Code of Ukraine,
the person being questioned may write down his or her testimony by hand if he or she so
wishes. The person being questioned may be asked additional questions based on his or her
written testimony.
[Signature]
(Signature)
Pursuant to Article 67, the witness has been warned about criminal liability under Article
384 of the Criminal Code of Ukraine (for giving knowingly false testimony) and Article 385 of
the Criminal Code of Ukraine (for refusal by the witness to testify).
[Signature]
(Signature)
After being informed of his rights, the victim stated that he would like to testify in the
Ukrainian language and present the testimony by having it written down.
The witness does not require the services of an interpreter.
The witness does not wish to use the services of an attorney while giving testimony.
[Signature]
(Signature)
When asked to testify about the circumstances of relevance to the criminal proceedings,
the witness offered the following testimony:
Question: [paragraph is mostly illegible]
Answer: [paragraph is mostly illegible]
Question: When, where, under what circumstances, and by whom were you arrested
in Ukrainian territory? What was the reason for your arrest?
Answer: On March 19, 2015, I was arrested by police officers at my address of
residence. The reason for my arrest was my service in the Army of the Donetsk
People’s Republic (“DNR”).
Question: What is your attitude to the anti-terrorist operation being conducted in
Donetsk and Luhansk Oblasts?
Answer: I am categorically opposed to the anti-terrorist operation being conducted in
Donetsk and Luhansk Oblast. I support a peaceful resolution of the conflict that has
arisen. I realize that my service in the DNR Army was a mistake. I made that decision
without thinking it through.
Question: What do you know about combat operations in the territory of Donetsk and
Luhansk Oblasts? Did you participate in combat operations? If so, when and under
what circumstances did you participate in combat operations? What was your reason
for discharging firearms?
Answer: I understand the question. I was not directly involved in combat operations.
On October 8, 2014, my friend from Vuhledar, Evgeny Zinevich, called me on
my mobile phone and asked if I was going to Donetsk, which was under the control of
the DNR at the time. He suggested that we both join paramilitary groups of the DNR. I
said yes.
Then, on October 9, 2014, I brought my passport and personal belongings, and
Evgeny Zinevich and I arrived at the Zviozdochka Cinema in Donetsk. There is a DNR
military unit behind the cinema. We went there. When we got there, an armed young
man met us at the checkpoint. We asked him if we could join the ranks of the DNR
Army. He said we could, and called his superior. He took us to an office on the second
floor of that building. In the office he asked us why we decided to join the ranks of the
DNR armed forces. We said that we wanted to serve in the DNR Army to help preserve
the peace. We were then referred to another DNR serviceman who went by the code
name “Zolotoy”. He took us to the third floor where our accommodation (room)
awaited us. There were already six people living in the room where he brought us. The
first man – Sergey, who went by the code name “Bugay” – came from St. Petersburg.
The second man – Roma, a.k.a “Rem” – came from Belarus. The third one – Sergey,
a.k.a. “Satana” – came from Dnipropetrovsk. The fourth man – Victor, a.k.a. “Zeliony”
– came from Donetsk. The fifth man was named Sergey; I don’t know his code name
or where he came from. The sixth man went by the code name “Sosna”; I don’t recall
his exact name; it could have been Sergey or Vladimir.
[Two illegible paragraphs]
After that, at around [illegible] to Rostov-on-Don, Russia for military training. I
boarded that bus and we set off in the direction of Russia. We arrived in Rostov-on-
Don at around 6:30 a.m. the following day. We were then sent to some military unit of
the Russian Federation, which is located somewhere in the Volgograd area. To the best
of my understanding, it was an anti-aircraft defense unit because it had the
appropriate weapons. We were prohibited from speaking to the local military
personnel. According to “Zolotoy”, the local servicemen were not supposed to know
where we came from and for what purpose, although they could see everything. We
lived in the barracks on the premises of that unit. We had our meals in a canteen that
was also located on the premises of the military unit. The following day we began our
training in a field located some 5 minutes’ walk from our barracks, on the grounds of
the military unit. We trained from 8 a.m. to 5 p.m. on a daily basis except Saturdays
and Sundays, as part of a battalion that was roughly 70 to 80-strong. In this field we
were coached by Russian military personnel. One of them was named Valera, the
other – Sergey. They both wore military uniforms without insignia. Our battalion was
split up into two groups. One of the groups was taught by Sergey how to use
shoulder-fired surface-to-air missiles in battle. The second group was taught by Valera
how to use Strela-10 – a tracked missile system. I was part of the group that learned
how to use the shoulder-fired surface-to-air missiles. We trained like that for about 10
days. We spent all this time on the grounds of the military unit in Volgograd, Russian
Federation.
After completing our training, in November 2014 we returned to Komsomolsk,
Starobeshevsk District, Donetsk Oblast. On arriving, we yet again moved into the
same dormitory where we had stayed before our trip to the Russian Federation. We
had two days off. Afterwards, each one of us was issued an AK-74 assault rifle and 4
magazines with live cartridges. We also received camo uniforms, army boots, and
bayonet knives. Roughly at the same time we were issued military service cards of the
DNR Army. The military service cards bore the corresponding inscriptions. According to
the document issued, I was a private serving in the anti-aircraft forces of the DNR
Army as part of Unit ZDN No. 00881. Ours was a 15-member unit commanded by
Sergey Starichenko (“Zolotoy”). After receiving our weapons, we began military duty
at the “Bashnya” and “Otval” emplacements in belts of forest about 5 km from
Komsomolsk in the direction of Snezhnoe, Donetsk Oblast. Our main mission was to
destroy aircraft of the Ukrainian Armed Forces. We also had two combat posts in the
barracks where we stayed. One of them was located on the building roof and the other
one directly next to the barracks. We kept watch on a 24-hours-on/24-hours-off
schedule.
[Mostly illegible paragraph – the witness seems to describe the weapons they had with
them when on duty: AK-74 assault rifles with 4 magazines of live cartridges. They
wore camo uniforms. In addition, they had one shoulder-fired surface-to-air missile at
the “Bashnya” and “Otval” emplacements to shoot down airborne targets. They were
not allowed to use mobile phones. They underwent training once a week.]
One time, on orders from the command, “Moisey”, I, [illegible] Alexey, and
Dobrynia Alexander set off in the direction of Debaltsevo, Donetsk Oblast. We left
Komsomolsk on a Strela-10 tracked missile system. We were also accompanied by an
URAL truck loaded with 20 surface-to-air missiles for the Strela-10 system. Roughly in
24 hours we arrived in some population center whose name I don’t know, a short
distance from Debaltsevo. In this population center, we handed over the missiles from
the URAL truck to representatives of the “Oplot” unit of the DNR Army. At the time
there were close to 1,000 DNR servicemen. After handing over the missiles, we
returned to Komsomolsk 24 hours later.
About two days later, I, Alexey Kravtsov, and some 30 more DNR servicemen
were sent onboard an URAL truck to Ilovaysk. The order came from “Moisey”. We were
tasked with unloading missiles for the GRAD multiple rocket launcher that arrived in
freight cars. I presume that they arrived from the Russian Federation. On arriving at
the railway station of Ilovaysk, our group of about 30 people unloaded 4 freight cars
with crates containing missiles for the GRAD multiple rocket launcher. We were loading
them into URAL tucks that were eventually sent to Donetsk and Komsomolsk to be
used by the DNR army. We unloaded the freight cars in the space of one day. We then
returned back to Komsomolsk.
Also, I, Alexey Kravtsov from Komsomolsk and Alexander Dobrynia (who was
appointed as the group leader by “Moisey”) were sent to the village of Lukovo (near
the village of Shirokino), Telmanovka District, Donetsk Oblast. We were transported to
our destination in an URAL truck, which also carried dry rations for DNR servicemen
who manned combat positions there. In Lukovo, we set up our position in a residential
building with two shoulder-fired surface-to-air missiles, which we had to use, if
necessary, to destroy airborne targets of the Ukrainian Army. We had to report to
“Moisey” about any potential appearance of an enemy, who would decide what to do
next. In Lukovo, our group kept sentry for [illegible] days. Afterwards, we were again
recalled to our unit in Komsomolsk.
Eventually I stayed in Komsomolsk until March 15, 2015. [Illegible] I
approached Alexander Dobrynia and asked him for a leave to visit my mother in
Donetsk. I lied that she was there. In reality, my mother was in Vuhledar at the time.
[Illegible paragraph]
Question: Did you witness any casualties or wounded people among military personnel
or civilians, any instances of bodily injuries, attacks on military or high-security
facilities (units, command posts, border crossing points on the state border of
Ukraine), instances in which firearms, military or special-purpose equipment were
seized? If so, where, when, and under what circumstances did this occur?
Answer: I did not witness the above-mentioned events.
Question: Are you aware of any instances where military personnel of the Russian
Armed Forces or Russian citizens used weapons in Ukrainian territory? If so, where,
when, under what circumstances, and how often did they use such weapons? What
kind of weapons were those exactly?
Answer: In understand the question, but I have no such information.
Question: Are you aware of any instances where weapons were fired from the territory
of the Russian Federation? If so, where, when, and under what circumstances were
weapons fired from the territory of the Russian Federation? How often were weapons
fired from the Russian Federation? Which weapons exactly?
Answer: In understand the question, but I am not aware of any such facts.
Question: Are you aware of any instances where servicemen or civilians were killed or
wounded, sustained bodily injuries, etc. as a result of attacks coming from the Russian
Federation? If so, when and under what circumstances did you learn about this? About
what specific facts of the use of weapons from the territory of the Russian Federation
can you testify, stating the time, place and type of weapons used?
Answer: I am not aware of any such facts.
Question: What do you know about instances of illegal crossing of the state border of
Ukraine by citizens of the Russian Federation, who attempted to join the ranks of the
terrorist organization known as the Luhansk People’s Republic?
Answer: I know nothing about such instances. However, as I testified earlier, a man
named Sergey who went by the code name of “Bugay” served with me in the DNR
Army. He came from St. Petersburg; another man – Roma, who went by the code
name of “Rem”, came from Belarus. I am not aware how they crossed the state border
of Ukraine.
Question: Are you aware of any instances of illegal crossing of the state border of
Ukraine by military vehicles from the Russian Federation? If so, when and under what
circumstances did the witness learn about this? What specific facts can the witness
testify about, stating the time, place, type and number of vehicles, or the people
escorting (meeting) them?
Answer: I have no knowledge of specific instances in which military vehicles or
weapons illegally crossed the state border into Ukraine. Like I said earlier, I
participated in the unloading of 4 freight cars with crates containing missiles for GRAD
multiple rocket launchers. [illegible]
[Two illegible paragraphs]
Question: Are you aware of any instances of operations in Luhansk Oblast by illegal
paramilitary groups and units of the regular Russian Army or other military groups
formed with the assistance and funding of the Russian Federation? If so, which
exactly? Can you testify about specific facts involving operations by illegal paramilitary
groups and units of the regular Russian Army, indicating the time, place, number of
attackers, types of weapons and vehicles used, and their purpose?
Answer: During the time that I served in the DNR Army, I haven’t seen a single career
officer of the regular army of the Russian Federation.
Question: Do you know the individuals or structures that organize, control, and carry
out the illegal crossing of the state border of Ukraine from the Russian Federation of
military vehicles, material resources, and mercenaries to participate in the armed
conflict in Donetsk and/or Luhansk Oblast?
Answer: I understand the question, but I know nothing about this.
Question: Do you know any identities of the people (Russian citizens, representatives
of the Russian intelligence services or the Russian Army) who directly command the
illegal paramilitary groups of the Luhansk People’s Republic and have been directing all
or some of the military operations since April 2014 until present?
Answer: I do not know their identities.
Question: What do you know about the organization of the set of military organization,
material and technical measures designed to ensure readiness for combat operations,
specifically redeployments of forces of the regular Russian army, illegal paramilitary
groups, construction of fortifications, scaling up of production and/or movement of
weapons and military vehicles at military units and divisions of the regular Russian
army in Donetsk and/or Luhansk Oblast during the period from April 2014 until
present?
Answer: I understand the question but I know nothing about this.
Question: Are you aware of any facts involving murders, torture, battery, crippling,
collective punishment, major suffering, or other cruel treatment, or instances of
military personnel of the Ukrainian Armed Forces, National Guard of Ukraine, officers
of the Security Service of Ukraine, Ministry of Internal Affairs, the State Border Guard
Service of Ukraine, or volunteer battalions of Ukraine being forced to serve in units of
the terrorist organizations known as the Donetsk People’s Republic and the Luhansk
People’s Republic on the part of military personnel of the Russian Army?
Answer: I know nothing about such facts.
Question: Do you know any citizens or military personnel of the Russian Army involved
in organizing mobilization (recruitment) in Donetsk and Luhansk Oblasts between April
2014 and the present time?
Answer: I do not know any such persons.
Question: Do you have any information about the training of personnel at specialpurpose
training centers in the territory of the Donetsk People’s Republic, Luhansk
People’s Republic, and Russia (locations of such centers, number of trainees, senior
officers and commanders, training periods, procedure of allocation, sizes of groups,
code names, aliases, etc.)?
Answer: I personally underwent training in the Russian Federation. I testified about
this earlier.
Question: What do you know about the circumstances of the funding and planning by
representatives of intelligence services and/or other authorities of the Russian
Federation of combat operations in general and/or specific combat missions in Donetsk
or Luhansk Oblast between April 2014 and the present time?
Answer: I know nothing about this.
Question: What do you know about the circumstances under which military personnel
of the Russian Army in Donetsk and Luhansk Oblast committed theft of highly valuable
property (major industrial facilities, raw materials, food, transportation facilities,
residential properties, cultural landmarks, etc.) and repurposed industrial enterprises
of Ukraine to manufacture products, raw materials, etc. and uncontrollably transport
(smuggle) them into Russian territory between April 2014 and the present time?
Answer: I know nothing about any theft committed by Russian military personnel in
Donetsk and Luhansk Oblasts.
Question: Are you aware of any instances in which the DNR or LNR conducted any
informational provocations, specifically instances of dissemination of leaflets, calls for
Ukrainian servicemen to lay down their weapons, switch over to the DNR or LNR, the
Russian Federation, refrain from resisting the separatists and other illegal paramilitary
groups operating in Donetsk and Luhansk Oblasts?
Answer: I understand the question, but I heard nothing about such instances. I am
unable to offer any more testimony in response to the questions asked.
The witness was informed about the way in which he can review the contents of the
record – specifically by receiving the written record to be read by the witness.
Witness: [Signature]
Questioned and record prepared by:
Senior Investigator with the Operative Unit
of the Investigative Department of the Donetsk Oblast
Directorate of the Security Service of Ukraine
Lieutenant Colonel of Justice [Signature] O.V. [Illegible]
Annex 232
Signed Declaration of Igor Panchyshyn, Witness Interrogation Protocol (18 June 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
The witness was advised how he could review the content of the transcript – specifically,
by personally reading the written transcript.
Witness / /
Annex 233
Signed Declaration of Kostiantyn Nuzhnenkoenko, Suspect Interrogation Protocol (16 July
2015),
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
My testimony has been written down correctly. I have read it and have
no complaints about the text and have nothing to add.
Annex 234
Signed Declaration of Vladimir Starkov, Suspect Interrogation Protocol (27 July 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
185
186
187
188
189
190
191
192
193
201
203
204
Annex 235
Signed Declaration of Sergey Stlitenko, Suspect Interrogation Protocol (10 August 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Annex 236
Signed Declaration of Myckhaylo Reznikov, Suspect Interrogation Protocol (13 August 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
I have been advised of and understand my rights and the manner in which the investigation
will be conducted.
Annex 237
Signed Declaration of Vitaliy Hrynchuk, Witness Interrogation Protocol (19 August 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
RECORD
OF VICTIM QUESTIONING
August 19, 2015 City of Kherson
Questioning started at 2:40 p.m.
Questioning ended at 4:10 p.m.
Lieutenant of Justice Mykhaylo Valeriyovych Savvateyev, investigator with the Military
Prosecutor’s Office of the Kherson Garrison of the Southern Region of Ukraine, having
examined the files of a pre-trial investigation in a criminal case registered in the
Uniform Register of Pre-trial Investigations under No. 42014160690000073 of
November 13, 2014, questioned the following individual as a victim in his office at the
Military Prosecutor’s Office of the Kherson Garrison of the Southern Region of Ukraine
in keeping with the requirements of Articles 55, 56, 95, 104, 106, 223, and 224 of the
Criminal Procedure Code of Ukraine:
1. First name, patronymic, last name: Vitaliy Mykolayovych Hrynchuk
[TRANSLATOR’S NOTE: Paragraphs excluded from the translation scope have been omitted.
Refer to the PDF file]
The victim, V.M. Hrynchuk, offered the following testimony in response to the
questions asked:
I can offer the following explanations in response to the questions asked:
I, V.M. Hrynchuk, was born on August 24, 1976 in the village of Veselivka, Kremenets
Raion, Ternopil Oblast.
I was drafted by the Brody Raion Military Commissariat of Lviv Oblast in June 1993.
I have been serving in the military since June 1993. Between 1996 and 1998 I served
at Military Unit A9893 (Municipality of Raukhovka, Odesa Oblast) as an onboard
technician. Since 1998 till present I have been serving at Field Post Office Military Unit
V4063 (Kherson) as an onboard technician.
On January 15, 2015, I was sent on a combat mission to the Anti-Terrorist Operation
Zone, specifically to the city of Kramatorsk, Donetsk Oblast, as part of the crew of an
MI-8 military transport helicopter. That same day I arrived at the ATO Headquarters at
the Sarmat Field Camp in the city of Kramatorsk, Donetsk Oblast.
Question: Would you describe the events leading up to the shelling and the events
that unfolded during the shelling on February 10, 2015?
Answer: I understand the question. I can testify that at around 12:30 p.m. on
February 10, 2015, I was preparing the MI-8 military transport helicopter for a combat
mission. Specifically, I was refueling the helicopter, running a maintenance inspection,
and loading the weapons of this helicopter with ammunition. I can testify that at
around 12:35 p.m. I heard sounds resembling those of shots fired from multiple rocket
launchers. I can testify that the sounds were coming from the direction of the city of
Horlivka, Donetsk Oblast. Some 2 minutes after I heard these shots, cluster bombs
started hitting the Sarmat base camp. They were probably fired from Uragan multiple
rocket launchers. As soon as the first missiles started hitting the camp, I ran in the
direction of the trench shelter. However, I never made it to the trench shelter because
a shell fragment wounded my leg, causing me to fall to the ground.
I can testify that the trench shelter was approximately 5 meters away, which is why I
called for help and my colleagues dragged me into the trench.
I can testify that the shelling of the Sarmat field camp lasted for about 10 minutes,
after which I received first aid and was sent to a civilian hospital in Kramatorsk.
Question: Can you specify the direction from which the attack came? How were you
able to determine this direction? Do you know which forces or units had been stationed
in the area from which the attack came?
Answer: I understand the question. I can testify that, in my opinion, the attack came
from the direction of the city of Horlivka, Donetsk Oblast. I reached this conclusion
based on the location of this population center relative to the Sarmat field camp. I
don’t know which forces or units were stationed in the direction from which the attack
came.
Question: Can you say what weapons were used in the attack? If so, based on what
information did you reach that conclusion?
Answer: I understand the question. I can testify that, in my opinion, the attack came
from Uragan multiple rocket launchers. I reached this conclusion because the bombs
hitting the Sarmat field camp were cluster-based, which is characteristic of Uragan
multiple rocket launchers only.
Question: Do you know who exactly (which unit) attacked the Sarmat field camp? If
so, based on what information did you reach that conclusion?
Answer: I understand the question. I can testify that I do not know who exactly
(which unit) attacked the Sarmat field camp.
Question: Was the shelling preceded by the appearance of any hostile objects (drones
or other aircraft) in the airspace over the Sarmat field camp? If so, were you able to
identify the specific object and its manufacturer? DO you know which specific unit
launched such aircraft?
Answer: I understand the question. I can testify that roughly one hour before the
attack a drone started flying over the Sarmat field camp, after which (I don’t recall
when exactly) this drone was shut down by servicemen of Military Unit A3546, but I
don’t recall how they did it.
I have no further information on this account.
Question: How were you wounded during the shelling? Where and for how long did
you receive treatment for your wounds? What was your diagnosis?
Answer: I understand the question. I can testify that I sustained shrapnel wounds to
the left arm and the left leg. I can also testify that between February 11 and March 11,
2015 I received treatment at the Kharkiv Military Hospital where I was diagnosed with
“shrapnel wounds to soft tissues of the left arm and the left leg”.
Question: Are you aware of the negative consequences of the shelling?
Answer: I understand the question. I can testify that the attack killed several
servicemen and wounded many servicemen. It also damaged military vehicles.
I have read the record. My testimony has been written down accurately. I have no
comments or anything else to add. [Signature] V.M. Hrynchuk
Questioning conducted, and record prepared by:
Investigator with the Military Prosecutor’s Office
of the Kherson Garrison of the Southern Region of Ukraine
Lieutenant of Justice [Signature] M. Savvateyev
Annex 238
Signed Declaration of Denys Goiko, Witness Interrogation Protocol (20 August 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
RECORD
OF VICTIM QUESTIONING
City of Kyiv August 20, 2015
Questioning started at 4:15 p.m. Questioning ended at 5:10 p.m.
Lieutenant of Justice Oleksandr Oleksandrovych Zubko, investigator with the Military
Prosecutor’s Office of the Kyiv Garrison, acting on instructions from O.S. Bannyk,
senior investigator with the Investigative Department of the Directorate for Overseeing
the Observance of the Law by United Forces of the Anti-Terrorist Operation, as part of
proceedings in criminal case No. 42014160690000073 of November 13, 2014,
questioned the following individual as a victim in his office No. 8 at the Military
Prosecutor’s Office of the Kyiv Garrison in keeping with the requirements of Articles
55, 56, 95, 104, 106, 223, and 224 of the Criminal Procedure Code of Ukraine:
1. First name, patronymic, last name: Denys Olehovych Hoyko
[TRANSLATOR’S NOTE: Paragraphs excluded from the translation scope have been omitted.
Refer to the PDF file]
The witness offered the following testimony in response to the questions
asked:
I, Denys Olehovych Hoyko, have been serving in the Armed Forces of Ukraine since
July 2008. On February 10, 2015, while I was on a special mission in Kramatorsk,
Donetsk Oblast, the base camp of our unit came under attack from Smerch multiple
rocket launchers at around 12:30 p.m. I was wounded in this attack.
Question: When were you drafted/mobilized and by what district military
commissariat?
Answer: I was drafted by the Novohrad-Volynsk Chervonoarmiysk District Military
Commissariat in 2008.
Question: Since when have you been serving in the military and in what military unit?
What is your position? What is the full name of your division and your military rank?
Where is your military unit deployed? What is the number of the mobile phone that
you use?
Answer: In 2008-2013: Military Institute of Taras Shevchenko National University of
Kyiv. Since 2013 until present: special correspondent with the Central Television and
Radio Studio of the Ukrainian Ministry of Defense (educational films department), 81
Melnyka Street, Kyiv. Mobile phone: (063) 683-96-18.
Question: Did you serve in the military prior to that? If so, where, during what
period, and in what position?
Answer: I studied as a cadet since 2008.
Question: When, on whose orders, on what mission, and to what population center in
the Anti-Terrorist Operation zone were you deployed?
Answer: On February 3, 2015, I was deployed on a special mission to the town of
Kramatorsk, Donetsk Oblast, on a special order from the Ukrainian Minister of
Defense.
Question: Would you describe the events leading up to the shelling and the events
that unfolded during the shelling on February 10, 2015?
Answer: Forty minutes before the shelling, I heard a discharge of the Buk anti-aircraft
system. One of the servicemen told me that the missile shot down a drone.
Question: Can you specify the direction from which the attack came? How were you
able to determine this direction? Do you know which forces or units had been stationed
in the area from which the attack came? (The witness was shown an area map during
the questioning).
Answer: No, I cannot. Some time after the shelling, it was said that the attack came
from the town of Horlivka, Donetsk Oblast.
Question: Can you say what weapons were used in the attack? If so, based on what
information did you reach that conclusion?
Answer: According to other servicemen, Smerch multiple rocket launchers were used
in the attack.
Question: Do you know who exactly (which unit) attacked the Sarmat field camp? If
so, based on what information did you reach that conclusion?
Answer: The terrorists.
Question: Was the shelling preceded by the appearance of any hostile objects (drones
or other aircraft) in the airspace over the Sarmat field camp? If so, were you able to
identify the specific object and its manufacturer? Do you know which specific unit
launched such aircraft?
Answer: Based on what I heard from other servicemen, I know that roughly 30
minutes before the shelling a drone of an unknown model by an unknown
manufacturer flew over our camp. I am not aware of the specific unit.
Question: How were you wounded during the shelling? Where and for how long did
you receive treatment for your wounds? What was your diagnosis?
Answer: Multiple projectile and shrapnel wounds to the soft tissues: left shoulder,
lumbar region, groin, scrotum, both thighs, and left shin. Retroperitoneal hematoma.
Projectile-induced multi-fragmentary fracture of the left elbow bone with fragment
displacement. Fragmentary fracture of the right ilium. Severe post-hemorrhagic
anemia, traumatic shock of the second degree.
On February 10, 2015, I was brought to Kramatorsk Municipal Hospital No. 1. On
February 11, 2015, I was transferred to the military medicine clinical center of the
southern region in Kharkiv. On February 13, I was transferred to the Main Military
Clinical Hospital in Kyiv. On March 3, I was transferred to the Irpin Military Hospital.
On March 20, I was transferred to a hospital in Germany. On July 16, I was transferred
to the Main Military Clinical Hospital in Kyiv.
Question: Are you aware of the negative consequences of the shelling?
Answer: To the best of my knowledge, 4 servicemen and 12 Kramatorsk residents
were killed. I am not aware of any damage to vehicles.
My testimony has been written down accurately and has been read by me. I have no
comments or anything else to add.
August 20, 2015 [Signature] D.O. Hoyko
Annex 239
Signed Declaration of Denys Hoyko, Victim Interrogation Protocol (20 August 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
RECORD
OF VICTIM QUESTIONING
City of Kyiv August 20, 2015
Questioning started at 4:15 p.m. Questioning ended at 5:10 p.m.
Lieutenant of Justice Oleksandr Oleksandrovych Zubko, investigator with the Military
Prosecutor’s Office of the Kyiv Garrison, acting on instructions from O.S. Bannyk,
senior investigator with the Investigative Department of the Directorate for Overseeing
the Observance of the Law by United Forces of the Anti-Terrorist Operation, as part of
proceedings in criminal case No. 42014160690000073 of November 13, 2014,
questioned the following individual as a victim in his office No. 8 at the Military
Prosecutor’s Office of the Kyiv Garrison in keeping with the requirements of Articles
55, 56, 95, 104, 106, 223, and 224 of the Criminal Procedure Code of Ukraine:
1. First name, patronymic, last name: Denys Olehovych Hoyko
[TRANSLATOR’S NOTE: Paragraphs excluded from the translation scope have been omitted.
Refer to the PDF file]
The witness offered the following testimony in response to the questions
asked:
I, Denys Olehovych Hoyko, have been serving in the Armed Forces of Ukraine since
July 2008. On February 10, 2015, while I was on a special mission in Kramatorsk,
Donetsk Oblast, the base camp of our unit came under attack from Smerch multiple
rocket launchers at around 12:30 p.m. I was wounded in this attack.
Question: When were you drafted/mobilized and by what district military
commissariat?
Answer: I was drafted by the Novohrad-Volynsk Chervonoarmiysk District Military
Commissariat in 2008.
Question: Since when have you been serving in the military and in what military unit?
What is your position? What is the full name of your division and your military rank?
Where is your military unit deployed? What is the number of the mobile phone that
you use?
Answer: In 2008-2013: Military Institute of Taras Shevchenko National University of
Kyiv. Since 2013 until present: special correspondent with the Central Television and
Radio Studio of the Ukrainian Ministry of Defense (educational films department), 81
Melnyka Street, Kyiv. Mobile phone: (063) 683-96-18.
Question: Did you serve in the military prior to that? If so, where, during what
period, and in what position?
Answer: I studied as a cadet since 2008.
Question: When, on whose orders, on what mission, and to what population center in
the Anti-Terrorist Operation zone were you deployed?
Answer: On February 3, 2015, I was deployed on a special mission to the town of
Kramatorsk, Donetsk Oblast, on a special order from the Ukrainian Minister of
Defense.
Question: Would you describe the events leading up to the shelling and the events
that unfolded during the shelling on February 10, 2015?
Answer: Forty minutes before the shelling, I heard a discharge of the Buk anti-aircraft
system. One of the servicemen told me that the missile shot down a drone.
Question: Can you specify the direction from which the attack came? How were you
able to determine this direction? Do you know which forces or units had been stationed
in the area from which the attack came? (The witness was shown an area map during
the questioning).
Answer: No, I cannot. Some time after the shelling, it was said that the attack came
from the town of Horlivka, Donetsk Oblast.
Question: Can you say what weapons were used in the attack? If so, based on what
information did you reach that conclusion?
Answer: According to other servicemen, Smerch multiple rocket launchers were used
in the attack.
Question: Do you know who exactly (which unit) attacked the Sarmat field camp? If
so, based on what information did you reach that conclusion?
Answer: The terrorists.
Question: Was the shelling preceded by the appearance of any hostile objects (drones
or other aircraft) in the airspace over the Sarmat field camp? If so, were you able to
identify the specific object and its manufacturer? Do you know which specific unit
launched such aircraft?
Answer: Based on what I heard from other servicemen, I know that roughly 30
minutes before the shelling a drone of an unknown model by an unknown
manufacturer flew over our camp. I am not aware of the specific unit.
Question: How were you wounded during the shelling? Where and for how long did
you receive treatment for your wounds? What was your diagnosis?
Answer: Multiple projectile and shrapnel wounds to the soft tissues: left shoulder,
lumbar region, groin, scrotum, both thighs, and left shin. Retroperitoneal hematoma.
Projectile-induced multi-fragmentary fracture of the left elbow bone with fragment
displacement. Fragmentary fracture of the right ilium. Severe post-hemorrhagic
anemia, traumatic shock of the second degree.
On February 10, 2015, I was brought to Kramatorsk Municipal Hospital No. 1. On
February 11, 2015, I was transferred to the military medicine clinical center of the
southern region in Kharkiv. On February 13, I was transferred to the Main Military
Clinical Hospital in Kyiv. On March 3, I was transferred to the Irpin Military Hospital.
On March 20, I was transferred to a hospital in Germany. On July 16, I was transferred
to the Main Military Clinical Hospital in Kyiv.
Question: Are you aware of the negative consequences of the shelling?
Answer: To the best of my knowledge, 4 servicemen and 12 Kramatorsk residents
were killed. I am not aware of any damage to vehicles.
My testimony has been written down accurately and has been read by me. I have no
comments or anything else to add.
August 20, 2015 [Signature] D.O. Hoyko
Annex 240
Signed Declaration of Oleksandr Bondaruk, Victim Interrogation Protocol (20 August 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
RECORD
OF VICTIM QUESTIONING
City of Volodymyr-Volynsky August 20, 2015
Questioning started at 3:20 p.m.
Questioning ended at 4:20 p.m.
O.I. Balakunets, investigator with the Military Prosecutor’s Office of the Lutsk Garrison,
(Investigator, position, agency, initials, last name)
having examined the files of a pre-trial investigation registered in the Uniform Register
of Pre-trial Investigations under No. 42014160690000073 on November 13, 2014, on
the premises of Military Unit A2099 in the presence of individuals who were informed
about the requirements of Clause 3 of Article 66 of the Criminal Procedure Code of
Ukraine regarding their obligation to refrain from disclosing information about the
completed procedural activity: [blank]
(Their last names, first names, patronymics, dates of birth, addresses of residence and signatures)
who were notified in advance about the use of recording equipment, the conditions
and procedure for using it: [blank]
(Specifications of recording equipment and data media used in the context of this procedural activity, signatures of
individuals)
in keeping with the requirements of Articles 55, 56, 95, 104, 106, 223, and 224 of the
Criminal Procedure Code of Ukraine, questioned the following individual as a victim:
1. First name, patronymic, last name: Oleksandr Leontiyovych Bondaruk
[TRANSLATOR’S NOTE: Paragraphs excluded from the translation scope have been omitted.
Refer to the PDF file]
The victim, O.L. Bondaruk, offered the following testimony in response to the
questions asked:
I have been serving in the military under contract at Military Unit A2099 in the city of
Volodymyr-Volynsky, Volyn Oblast, since 1996, in various positions. I currently serve
as head of maintenance at the radar department. My military rank is warrant officer. I
have been using the following mobile phone number for about 5-6 years: 095-216-
926-6.
Based on Detached Service Order No. 29 issued on February 3, 2015 by the
commander of Military Unit A1573, I along with other servicemen of Military Unit
A2099 departed for the Anti-Terrorist Operation Headquarters – the Sarmat field camp
in Kramatorsk, Donetsk Oblast, on February 3, 2015. I left on a mission involving
participation in the anti-terrorist operation by serving on combat alert duty and
protecting the state border of Ukraine in the airspace.
We arrived for duty in Kramatorsk, Donetsk Oblast, on February 4, 2015 pursuant to
Order No. 35 of the First Deputy Commander of the Anti-Terrorist Operation Center at
the Security Service of Ukraine dated February 4, 2015. I stayed there until February
10, 2015.
At around 12:00 p.m. to 12:20 p.m. on February 10, 2015, I was next to the radar
station located not far from the runway of the military airfield in Kramatorsk, Donetsk
Oblast. I was together with other servicemen some of whom were outdoors and others
in a tent set up next to the radar station. When I entered the tent, I heard a noise that
resembled the sound made by a jet engine. I went outside and heard 10 or more
popping sounds. I did not pay attention to where those sounds were coming from. I
only saw fog in the skies around the airfield. Five to ten seconds later I heard popping
sounds followed by whistling sounds on the ground around us. It was then that I and
other servicemen ran to the trenches for cover. As I was jumping into the trench, I felt
pain on my chin. I waited in the trench until things quieted down. We then had a roll
call and determined that M.M. Illyashchuk was missing. He was running behind me.
When we exited the trench, we saw Senior Sergeant M.M. Illyashchuk lying on the
ground between the tent and the trench. He appeared to be dead.
Then an ambulance arrived and transported the wounded servicemen (T.P. Lupenko,
V.V. Kukay, and I.V. Smolov) to a hospital in Kramatorsk.
Some 30 minutes later, Captain Dmytro Volodymyrovych Daryin took me to the
medical center of the Anti-Terrorist Operation Headquarters, from where an
ambulance transported me and Senior Lieutenant A.H. Leshchenko to the Military
Medical Clinical Center of Kharkiv. Once there I was diagnosed with: a closed
craniocerebral injury, concussion, gunshot / shrapnel wound to the lower jaw. I
received treatment in Kharkiv from February 11 to February 16-17, 2015. Then, from
February 18-19, 2015 to February 26-27, 2015, I received treatment at the Lutsk
Military Hospital.
I would like to note that after the shelling I and other servicemen inspected the
territory of our position and discovered shell holes in the ground (approximately 14
shell holes): 20 cm deep and across. We also discovered a metal plate with a bent end
measuring approximately 3-4 cm. I am unaware what kind of weapon leaves such
traces.
As for the other questions, I am unable to specify the direction from which the attack
came on February 10, 2015 or the forces or units that were stationed in the area from
which the attack came.
I am also unaware what kind of weapons were used in the attack.
I am unaware who exactly (which unit) fired at the Sarmat field camp on February 10,
2015.
Prior to the attack on February 10, 2015, I did not see any objects (aircraft) in the
airspace above the Sarmat field camp.
However, according to my fellow servicemen, radar station operator Kozachuk said
that he detected drones flying in the vicinity of Debaltseve on February 10, 2015.
As to the consequences of this attack, I can say that the attack killed one servicemen
of Military Unit A2099 – M.M. Illyashuk, and wounded 5 more: me (O.L. Bondaruk),
I.V. Smoliev, A.H. Leshchenko, T.P. Lupenko, and V.V. Kukay. V.M. Kozachuk was also
injured. The attack also damaged the radar station, vehicles (tanks, tires, etc.), a
diesel generator, and administrative property of Military Unit A2099.
This is all I can say in response to the questions asked.
The participants of the procedural activity were informed about the way in which they
can review the record, specifically by making the written record available for review.
(Making the written record available for review, viewing or listening to data media if recording equipment is used)
After reviewing the text of the record of questioning, the participants of the procedural
activity did not request to make any changes, additions or add comments to the
record.
(Did not request; if requested, specify what exactly)
Victim O.L. Bondaruk [Signature]
Participants [Blank] [Blank]
Questioned by:
Investigator with the Military Prosecutor’s Office
of the Lutsk Garrison [Signature] O. Balakunets
Annex 241
Signed Declaration of Yaroslav Zamko, Suspect Interrogation Protocol (26 August 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
I have read the interview record personally.
The testimony is recorded correctly from my words.
I have no remarks or additions.
/ Signature / Zamko
Annex 242
Signed Declaration of Vasily Pushkarev, Suspect Interrogation Protocol (31 August 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
V.V. Pushkarev
V.V. Pushkarev
V.V. Pushkarev
V.V. Pushkarev
V.V. Pushkarev
V.V. Pushkarev
V.V. Pushkarev
V.V. Pushkarev
V.V. Pushkarev
V.V. Pushkarev
V.V. Pushkarev
I have read the transcript, and it is an accurate record of my testimony. I have no comments and
nothing further to add.
V.V. Pushkarev
Defense counsel Yu.B. Boldyr
Annex 243
Signed Declaration of Volodymyr Vodyratskyi, Suspect Interrogation Protocol (11 September
2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
V.V. Vodyratsky
This interrogation record, which I have read, is a true record of my oral statement. I have no
comments or additions.
V.Voderatsky
This record was taken by:
Senior Detective,
Central Office of Criminal Investigations,
Luhansk Regional Directorate of the Security Service of Ukraine
Senior Lieutenant I.M. Yushpovych
09.11.2015
Annex 244
Signed Declaration of Anton Fadeev, Witness Interrogation Protocol (16 December 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
208
16
04:45 PM
06:00 PM
209
210
Knowingly false testimony
A witness's refusal to testify
Russian in Russian for the record
does not wish
211
212
I have read the record. My words are accurately recorded. I have no comments or objections.
A.Yu. Fadeev
Annex 245
Signed Declaration of Andrii Tishenko, Suspect Interrogation Protocol (26 December 2015)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
67
68
69
The investigator then asked A.M. Tyshchenko to locate the aforementioned video on the Internet,
after which the latter independently located the video entitled “Novorossiya. Manifesto of the Kharkiv
Partisans” at https://www.youtube.com/watch?v=iBJs9pLtQFQ. A screenshot was taken from the video,
from which Mr. Tyshchenko identified each person in the recording. The screenshot is appended to this
transcript.
70
71
72
73
I have read the transcript, and it is an accurate record of my testimony. I have no comments and nothing
further to add.
A.N. Tyshchenko
Defense counsel
A.M. Tyshchenko
Aleksandr
Viktor
Me
Andrei
O.V. Sobchenko
Vyacheslav
75
5:30 p.m.
4
76
77
A.M. Tyshchenko)
V.A. )
A.M. Verbenytskyi)
V.S. Popov)
78
1
1
A.M. Tyshchenko
A.M. Verbenytskyi V.S. Popov
Special Investigator, Investigations Department,
Kharkiv Regional Directorate of the Security Service of Ukraine
Captain of Justice A. Prosnyak
Gennady Onishchenko
A.M. Tyshchenko
79
2
1
A.M. Tyshchenko
A.M. Verbenytskyi V.S. Popov
Special Investigator, Investigations Department,
Kharkiv Regional Directorate of the Security Service of Ukraine
Captain of Justice A. Prosnyak
Andrei
A.M. Tyshchenko
80
3
1
A.M. Tyshchenko
A.M. Verbenytskyi V.S. Popov
Special Investigator, Investigations Department,
Kharkiv Regional Directorate of the Security Service of Ukraine
Captain of Justice A. Prosnyak
Aleksandr
A.M. Tyshchenko
81
4
1
A.M. Tyshchenko
A.M. Verbenytskyi V.S. Popov
Special Investigator, Investigations Department,
Kharkiv Regional Directorate of the Security Service of Ukraine
Captain of Justice A. Prosnyak
Person who handed off the package by
Oleksiyivska metro station
A.M. Tyshchenko
82
5
1
A.M. Tyshchenko
A.M. Verbenytskyi V.S. Popov
Special Investigator, Investigations Department,
Kharkiv Regional Directorate of the Security Service of Ukraine
Captain of Justice A. Prosnyak
Yarosla
A.M. Tyshchenko
83
6
1
A.M. Tyshchenko
A.M. Verbenytskyi V.S. Popov
“Tol”
A.M. Tyshchenko
84
7
1
A.M. Tyshchenko
A.M. Verbenytskyi V.S. Popov
Special Investigator, Investigations Department,
Kharkiv Regional Directorate of the Security Service of Ukraine
Captain of Justice A. Prosnyak
Viktor
A.M. Tyshchenko
85
8
1
A.M. Tyshchenko
A.M. Verbenytskyi V.S. Popov
Vyacheslav
A.M. Tyshchenko
86
9
1
A.M. Tyshchenko
A.M. Verbenytskyi V.S. Popov
Special Investigator, Investigations Department,
Kharkiv Regional Directorate of the Security Service of Ukraine
Captain of Justice A. Prosnyak
Vadim
A.M. Tyshchenko
87
10
1
A.M. Tyshchenko
A.M. Verbenytskyi V.S. Popov
Special Investigator, Investigations Department,
Kharkiv Regional Directorate of the Security Service of Ukraine
Captain of Justice A. Prosnyak
Oleg Vasilyevich Sobchenko
A.M. Tyshchenko
88
11
1
A.M. Tyshchenko
A.M. Verbenytskyi V.S. Popov
Special Investigator, Investigations Department,
Kharkiv Regional Directorate of the Security Service of Ukraine
Captain of Justice A. Prosnyak
“Foreman”
A.M. Tyshchenko
89
Annex 246
Signed Declaration of Dmytro Kononenko, Suspect Interrogation Protocol (22 February 2016)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Interrogated, record compiled by:
Annex 247
Signed Declaration of Konstantin Kutikov, Suspect Interrogation Protocol (16 March 2016)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
RECORD
OF SUSPECT QUESTIONING
City of Odesa March 16, 2016
Questioning began at 4:00 p.m.
Questioning ended at 5:10 p.m.
Captain of Justice Serhiy Oleksandrovych Didorchuk, Senior Investigator with the
Investigative Department of the Odesa Oblast Directorate of the Security Service of Ukraine,
having reviewed the files of the pretrial investigation registered on September 17, 2015 in
the Unified Register of Pretrial Investigations under No. 22015160000000252, questioned the
following individual as a suspect in Office No. 202 of the Investigative Department of the
Odesa Oblast Directorate of the Security Service of Ukraine at 43 Yevreyska Street, Odesa,
in the presence of defense attorney Anastasiya Ravilyivna Kochurka (Ukrainian attorney’s ID
No. 2165 of February 28, 2012), in keeping with the requirements of Articles 42, 95, 104,
106, 223, and 224 of the Criminal Procedure Code of Ukraine:
1. First name, patronymic, last name: Konstantine Volodymyrovych Kutikov
2. Date and place of birth: September 25, 1976, Kryvyi Rih, Dnipro Oblast
3. Ethnicity: Ukrainian
4. Citizenship: Ukrainian
5. Education: higher
6. Marital status: married
6. Place of employment (or education): temporarily unemployed
7. Address of residence (registration): 31/3 Yasnohorska Street, vil. Mizykevycha,
Chornomorka residential community, Ovidiopol District, Odesa Oblast
8. Prior record of criminal convictions: no prior convictions, according to suspect
9. People’s representative (at what council) (Y/N): N
10. Details of the passport or other identity document: passport of a Ukrainian citizen,
Series KM No. 050361 issued by the Ovidiopol District Office of the Odesa Oblast
Directorate of the Ministry of Internal Affairs of Ukraine on July 6, 2002
Suspect: K.V. Kutikov [Signature]
(Initials, last name, and signature of the suspect)
It was explained to the suspect, K.V. Kutikov, that he was summoned to testify in connection
with proceedings in criminal case No. 22015160000000252 of September 17, 2015, since he
is suspected of having committed a criminal offense falling under Part 1 of Article 258-3 of
the Criminal Code of Ukraine.
The meaning of Article 63 of the Constitution of Ukraine was explained to the suspect, K.V.
Kutikov, specifically that a person cannot be held liable for refusing to give testimony or offer
explanations regarding himself, his family members or next of kin per the list prescribed by
the law.
Suspect: K.V. Kutikov [Signature]
(Initials, last name, and signature of the suspect)
The meaning of Article 18 of the Criminal Procedure Code of Ukraine was explained to the
suspect, K.V. Kutikov, superficially his freedom from self-incrimination and the right not to
testify against his next of kin or family members, as well as the meaning of Article 20 of the
Criminal Procedure Code of Ukraine regarding this right to defense.
Suspect: K.V. Kutikov [Signature]
(Initials, last name, and signature of the suspect)
The questioning procedure along with the suspect’s rights and obligations under Article 42 of
the Criminal Procedure Code of Ukraine have been explained to the suspect, K.V. Kutikov. He
also received a pamphlet detailing his procedural rights and obligations.
Suspect: K.V. Kutikov [Signature]
(Initials, last name, and signature of the suspect)
My rights and obligations, as well as the questioning procedure, have been explained to me
and I understand them. The pamphlet detailing the rights and obligations of the suspect was
presented to me on March 16, 2016.
Suspect: K.V. Kutikov [Signature]
(Initials, last name, and signature of the suspect)
Aware of his rights, the suspect, K.V. Kutikov, said that he agreed to testify and answer
questions.
K.V. Kutikov also requested that his defense attorney Anastasiya Ravilyivna Kochurka
(Ukrainian attorney’s ID No. 2165 of February 28, 2012) be present during the questioning.
In addition, K.V. Kutikov stated that he wished to testify in the Ukrainian language and have
his testimony written down by the investigator. He did not require the services of an
interpreter.
Suspect: K.V. Kutikov [Signature]
(Initials, last name, and signature of the suspect)
When offered an opportunity to testify regarding the suspicions against him, K.V.
Kutikov offered the following testimony:
In connection with the announcement on March 16, 2016 of suspicions that I committed a
criminal offense falling under Part 1 of Article 258-3 of the Criminal Code of Ukraine, I would
like to explain that I fully affirm my statements in the September 17, 2015 report on my
involvement in terrorist activities and my participation in paramilitary groups of the terrorist
organization known as the Donetsk People’s Republic. I also affirm the explanations given by
me during the pretrial investigation. I would like to stress once again that I have given my
explanations out of my own free will and was not subjected to any physical or psychological
duress in doing so.
[initials]
I admit my guild and sincerely repent of the crime I committed. During the pretrial
investigation, I disclosed all of the information in my possession about paramilitary groups of
the terrorist organization Donetsk People’s Republic and members of this organization. I also
handed over a hard drive with electronic files describing the operations, numbers, and
material resources of said paramilitary groups. I am willing to assist the investigators with
solving this crime and, should my information help the investigation, also with exposing and
solving other criminal offenses.
I would also like to make it known that my underage children from my second marriage
depend on me and require my assistance. They reside with their mother, Hanna Ivanivna
Kutikova. Specifically: Kira-Mirra Kostiantynivna Kutikova, born on March 6, 2014; Lev
Kostinantynovych Kutikov, born on April 9, 2009; Anastasiya Kostiantynivna Kutikova, born
on October 26, 2005. I request that you enclose with this record the photocopies of their birth
certificates on a total of 3 pages.
In addition, I and my wife Varvara Volodymyrivna Pershyna, d.o.b. January 30, 1982, are
expecting the birth of our child in late March 2016. I also request that you enclose with this
record the photocopies of documents issued by the maternity welfare clinic where V.V.
Pershyna is under observation, as well as results of examinations on a total of 11 pages. Due
to her pregnancy, V.V. Pershyna is currently an unemployed housewife and depends on me
for her livelihood. While in the territory of the Russian Federation, I worked in construction.
The money I made was sufficient to support the family.
As for the circumstances of the criminal offense committed by me, I would like to offer the
following explanations. Like I said before, during the so-called Orange Revolution that
happened in 2004, I was a supporter and proponent of the ideas of the revolution. As such, I
participated in the protests in Kyiv’s Independence Square from the very beginning until the
end. I was an active participant of the Orange Revolution, for which I was rewarded with the
Revolution Guard memorial badge in 2005-2006. I enclosed a copy of the diploma that
accompanied the memorial badge with my previous explanations. Since then and until
present, I have not been a member of any political parties, public or other associations.
When the country rebelled against the regime of President V.F. Yanukovych, whom I openly
disrespected as a person and a political figure and against whom (and against D.M. Kuchma)
I and other people fought during the Orange Revolution, this filled me with pride and respect
for the Ukrainian people. I sympathized with the people who gathered in Independence
Square and stood up for the Ukrainians’ right to have a better future. This was until the actions
of the protesters turned aggressive and unlawful from the perspective of the law. I saw
countless crimes committed against police officers in Independence Square, which involved
battery with crippling injuries. In other words, I supported the protesters as long as their
protest was peaceful. When the revolution turned radical and the protesters armed
themselves with firearms and Molotov cocktails and proceeded to use them against police
officers, I understood that this would not have a happy ending.
[initials]
Eventually I saw how certain people tried to come to power in Ukraine. Having taken
advantage of the revolution, they are now in power. Those people stood at the cradle of the
Party of the Regions. Like I said before, I developed a negative attitude toward them way
back during the Orange Revolution.
The events that unfolded during and after the revolution were very interesting to me as a
creative person and a poet at heart. I started thinking about writing my own book. In an
attempt to gather objective data and prepare material for my future book, I began interacting
personally with both proponents and opponents of the revolution, watched news coverage by
various TV channels, read printed and online publications. To collect the material I needed, I
attended meetings of proponents of both Maidan and Anti-Maidan. Analyzing everything I
heard and saw, I drew my own conclusions about what was happening in Ukraine and how
rank-and-file Ukrainian citizens responded to these events.
I would like to add that at these meetings I never heard people demand the separation of
specific territories from Ukraine. I am personally for a powerful, independent, and indivisible
Ukraine, albeit without radical manifestations of nationalism and neo-Nazism that are present
in Ukraine.
Like I said previously, I spent most of my time in 2014 in the village of Pokrivka, Ochakiv
District, Mykolayiv Oblast, where my relatives own a house. It was there that I learned in
November 2014 about the death of a nice person, painter, and a friend of mine – Volodymyr
Sposalomsky. To this day I am convinced that the old man’s death should be blamed on socalled
“black realtors”, who shortly before his death acquired title to V. Sposalomsky’s house
under mysterious circumstances.
Since V. Sposalomsky and I were friends and since I did not know about any other relatives
of his except for his daughter Kateryna Sposalomska, who resided in Moscow, Russian
Federation, I decided to go to Moscow with the intention of handing over his personal
belongings to his daughter and informing her about the actual circumstances that I believe
led to the death of V. Sposalomsky. It was also an opportunity for me to visit my former wife,
Natalia Viacheslavivna Maslova, d.o.b. August 19, 1976, with whom I also have a child, Mariya
Kostinantynivna Maslova, born on August 21, 2000. Like I said earlier, at the time I was using
a SAMSUNG mobile phone with the number +380674871877. In addition, I also brought along
SIM cards of the following mobile operators: MTS – number +380994778396; Life – number
+380935331280; and several more SIM cards of Russian mobile operators and the abovementioned
Ukrainian operators; I do not remember the numbers at this time.
[initials]
In early November 2014, I bought a ticket for the Mykolayiv-Moscow train and left Mykolayiv
for Moscow, Russian Federation. While in Moscow, I spent several days trying to contact and
track down Kateryna Sposalomska to hand over her father’s final belonging to her. However,
I was unable to locate her. I would like to add that my former wife V.V. Pershyna subsequently
handed over these belongings to K. Sposalomska.
During my stay in Moscow, I met with N.V. Maslova, who at the time worked at the
Investigative Committee of the Russian Federation. To the best of my knowledge, her rank is
Colonel of Justice and she serves as a chief of department. I don’t remember N.V. Maslova’s
phone number or other contact details. To the best of my knowledge, she is handling the case
involving the Malaysian Boeing downed over Donetsk Oblast. She informed me that
investigators had evidence that the Boeing was shot down by the Armed Forces of Ukraine.
N.V. Maslova did not tell me how they could prove this.
Like I said before, my conversation with N.V. Maslova escalated into a dispute over the
situation unfolding in Donetsk and Luhansk Oblasts of Ukraine. My views drastically differed
from hers, for which she called me a “Banderovite”. In addition, she said that I was in no
position to say what exactly was happening in those territories of Ukraine, since I wasn’t
there. She went on to say that I could do with seeing everything with my own eyes and
assessing all this personally. This conversation with N.V. Maslova struck a deep personal chord
in me, and I realized that I had no right to have a dispute with anybody about this situation
until I see everything for myself.
With hindsight, I realize that this very conversation became a catalyst for my decision to go
to Donetsk Oblast. After this meeting, I decided for myself to see everything that was
happening in person, which would enable me to form a clear idea as to what exactly was
happening. I was curious to learn whether or not Russians and Russian mercenaries were
actually fighting against the Ukrainian military. I was interested in hearing the thoughts of
the civilian population of Donetsk Oblast and the people fighting there. I wanted to hear and
compare them with the pictures painted by the Russian and Ukrainian mass media. Back then
I did not trust the mass media; neither do I trust them now.
I also felt that by plunging headfirst into the heart of those events and experiencing
everything firsthand I would be able to collect plenty of interesting material which I would
later use in writing the book.
I would like to emphasize again that my involvement with paramilitary groups of the terrorist
organization Donetsk People’s Republic, for which I received a notice of suspicion, was due to
a confluence of circumstances. While I Moscow I originally did not intend to join any
paramilitary groups. Like I said before, I intended to work my way into the propaganda
department of the Donetsk People's Republic, where I would be able to learn about what was
actually happening in the territory of the Donetsk People's Republic and later confirm the facts
with the locals and the military. At the time I knew from the mass media that the Donetsk
People's Republic was considered a terrorist organization, since I heard this repeatedly in
news coverage and speeches by Ukrainian and international politicians. I also knew that the
Donetsk People's Republic and the Luhansk People’s Republic controlled parts of Donetsk and
Luhansk Oblasts of Ukraine and intended to break off from Ukraine or become separate
republics within Ukraine.
[initials]
It was with these goals and motives that I decided to go to the occupied part of Ukraine. For
this very reason on November 15, 2014 I boarded a Moscow-Rostov-on-Don bus and arrived
in Rostov at around 0:30 a.m. on November 16, 2014. While I waited at the bus station for
the departure of the Rostov-Donetsk (Ukraine) bus, which was leaving the same day at 5:15
a.m., I met a person who went by the code name of “Zevs”. This man was headed to Donetsk
in Ukraine with the intention of fighting for the Armed Forces of the Donetsk People's Republic.
After learning about the purpose of my trip to Donetsk Oblast, this man suggested that I go
with him and join a battalion of a field commander who went by the code name “Givi”. At the
time, all information I had about “Givi” came from the mass media and online publications
that described him as a “militia man of the Donetsk People's Republic”. I understood that
paramilitary groups of the Donetsk People's Republic, “militias” were fighting against the
Armed Forces of Ukraine. Since my main goal was to see and experience everything firsthand,
I decided that this would be the fastest way to achieve my goal, which is why I took “Zevs”
up on his offer.
I currently do not remember the exact route that the bus followed to the Russian-Ukrainian
border, as I was not paying attention. We crossed the border at the Uspenka border crossing
point. Since I was a habitual traveler, I did not notice anything unusual about our crossing of
the border or the checks performed. Already in Ukrainian territory, we entered Makiyivka,
after which we proceeded to Donetsk where we arrived at 12:10 p.m. on November 16, 2014.
While at the bus station in Donetsk, I noticed people wearing Russian military uniforms. I
later learned that those people were recruiters of the “Vostok”, “Don Cossack Army” and other
battalions whose names I no longer remember. They helped all local volunteers and guests
of Donbas to join units of the Armed Forces of the Donetsk People's Republic. They could not
help me and “Zevs” and instead suggested that we approach the military personnel stationed
in the building of the former Donetsk Oblast Directorate of the Security Service of Ukraine.
On arriving at the Security Service Building, we saw a person wearing a Russian uniform
identical to those we saw at the bus station. We approached this man, saying that we wanted
to join a unit that was commanded at the time (and maybe still is commanded) by a man who
went by the code name “Givi”. To the best of my understanding, this person announced our
arrival to one of the leaders and proceeded to ask us about the purpose of our arrival in
Donetsk in an attempt to get an idea of who we really wear and make sure that we were not
spies or saboteurs planted by the Ukrainian side. While we were having a conversation with
this military man, a VAZ-2105 passenger car drove up to the Security Service building.
[initials]
After speaking to the driver of this car, I learned that he was the leader of a reconnaissance
training center of the 1st Separate Slavic Motorized Infantry Brigade of the Armed Forces of
the Ministry of Defense of the Donetsk People's Republic, who went by the code name
“Tomash”. I do not know this person’s real name or other personal details, since both he and
most people training at the center did not share this information with me. In general, during
my time in Donetsk Oblast, the majority of Donetsk People's Republic military personnel used
code names in conversations and when addressing one another, since they did not wish
anybody to know that they fought for the Donetsk People's Republic. I believe they feared
possible persecution against themselves and their families and therefore they did not say
much about their personal lives prior to those events.
I also learned that this training center in Makiyivka, Donetsk Oblast, occupied the premised
that used to belong to a special forces unit of the Ukrainian Ministry of Internal Affairs. That
same day, November 16, 2014, I and a man who went by the code name "Zevs" were
transported to the center while being escorted by the chief of the reconnaissance training
center.
While at the training center in Makiyivka, I received a complete medical checkup, completed
a questionnaire, and sat for an interview. This was followed by training at the center and
away training on proving grounds in Komsomolske, Starobeshivsk District, Donetsk Oblast
(on the premises of the Rodnichok health resort), and in the village of Vasylivka, Shakhtarsk
District, Donetsk Oblast. During this training, we practiced handling mines and explosives,
shooting at targets, learned combat tactics, and acquired other military skills that could be
useful in the future. During this training I received the following code names: “Kirsan”, “Kira”,
“Kir”.
I would like to note that other individuals, citizens of both Ukraine and Russia, completed
training at this center alongside me. In my opinion, the Russian citizens at the camp were
most probably mercenaries by the way they behaved and communicated. I would like to stress
again that, in my opinion, they had no prior military experience.
One week into active training, the training center was visited by a man who went by the code
name “Kavkaz”, First Deputy Commander of the 1st Separate Slavic Motorized Infantry
Brigade of the Armed Forces of the Ministry of Defense of the Donetsk People's Republic. I
learned about this during a personal interview with him. I don’t know his last name or other
personal details. After this interview, “Kavkaz” offered me to join Military Unit 08801 of the
Armed Forces of the Donetsk People's Republic and serve at the existing radio interference
unit. Realizing that this would enable me to form a more detailed and objective impression as
well as collect the information I need, in addition to the fact that this would accelerate the
accomplishment of my goal in visiting the occupied territory of Ukraine, I took him up on his
offer. Being an adult, I understood that the unit I was offered to join would be carrying out
the command’s orders to intercept conversations of military personnel and other individuals
in the Anti-Terrorist Operation Zone, as well as block communications between these people.
[initials]
I was then transferred to Military Unit 08801 stationed in Komsomolske, Starobeshivsk
District, Donetsk Oblast, on the premises of the Rodnichok health resort. Other trainees
agreed to join this unit with me, specifically people with the following code names: “Nemoy”,
“Polyak” (Serhiy Polyakov), and “Sova”. I provided detailed information about them in my
previous explanations as well as during crime scene examinations.
While at this military unit, on November 22, 2014 I signed an application to join the Armed
Forces of the Donetsk People's Republic. At the military unit I met a supervisor, who turned
out to be an officer of the Central Investigative Directorate of the Russian Ministry of Defense,
who went by the name of Oleg. I do not know any other personal details of this man other
than the code name he used: “Shmel”/”Shershen”. I would also like to note that the chief of
staff at Military Unit 08801 of the Donetsk People's Republic was a man with the last name
Shamberin, who went by the code name “Poet”.
The radio interference unit was finally formed on January 2, 2015 and included the following
military personnel of the Donetsk People's Republic in addition to me: “Nemoy”, “Polyak”,
“Bulbash” (Serhiy), “Amigo”, “Vorobey” (Oleksiy Svyryda), “Gvozd”, “Kurd” (Serhiy
Sotnikov), “Gesha”, “Puzo”, “Mechta” (Oleksiy Belya), “Sonik” (last name Tkachenko),
“Pioner”, “Zhyla” (Oleksandr Zhylyakov). Afterwards, on January 14 or 15, 2015, I and the
above-mentioned people were dispatched to Military Unit 00100; we redeployed and were
stationed on the premises of the Topaz plant (Donetsk). In addition to our unit, eight more
radio interference units were at this plant.
Subsequently, on January 15 or 16, 2015, I as well as “Vorobey”, “Gesha”, “Kurd”, and
“Gvozd” as well as militants from other radio interference units, following command orders,
went to the Russian Federation for training. We crossed the border in a convoy across a border
section near the population center of Ruska (Russkaya when transliterated from Russian),
Donetsk Oblast. No passport or customs checks were performed as we crossed the border
between Ukraine and Russia, since it was not your ordinary border crossing point. We did not
present any papers while crossing the border, and none were checked. After crossing the
border, already in Russian territory, our convoy proceeded to the village of Svitanok (Rassvet
when transliterated from Russian) in Rostov Oblast. As I learned upon arriving onsite, this
village was home to a training center on the premises of a military unit. It specialized in
training radioelectronic warfare professionals and radioelectronic reconnaissance experts from
among servicemen of the Luhansk and Donetsk People's Republics.
I spent roughly two or three weeks at this training center, where we were taught how to
operate radio interference stations and how to launch and operate drones and related
equipment. As I learned during training, training at this center was provided by Russian
citizens, specialists who train radioelectronic warfare forces of the Russian Armed Forces
(stationed in Tambov) as well as specialists of the Mozhaysky Academy (Russian Federation).
[initials]
While at this training center, we also received the following military equipment that had to
travel with us to Ukrainian territory to the site where the radio interference unit was stationed
(Topaz plant, Donetsk):
Two R934BMV automated stations on KamAZ-5350 chassis;
A “Rtut” station mounted on an MTLB light-armored multipurpose tracked towing
vehicle;
A “SvetKu” comprehensive technical control station;
Two R330Zh stations;
An R316 station.
It stands to mention that all military equipment received bore the markings of the Russian
Ministry of Defense, Russian Armed Forces, and holograms of the Federal Security Service of
Russia. On orders of a representatives of the Russian Ministry of Defense, we had to tear
away, unscrew, or obliterate any markings, holograms (service plates, inscriptions, etc.),
which showed the origin and ownership of equipment as that of the Russian Federation and
its special services. I also learned during conversations with servicemen of a reconnaissance
battalion of the Russian Armed Forces that some of that equipment had been previously used
in the Caucasus. I realized that the equipment I received would be used against the Armed
Forces of Ukraine by intercepting and blocking their communications, which would in turn
assist the operations of the Donetsk People’s Republic.
After completing the above-mentioned training course, personnel formed a convoy with the
equipment received from the Russian military and headed back to Donetsk, Ukraine. We
crossed the Ukrainian border at the same location and in the same way as we did on entering
the Russian Federation. We arrived in Donetsk at around January 25-26, 2015 and spent a
long time on the premises of the Topaz plant without ever leaving.
On February 1, 2015 (this is the exact date because I remember that day very well), a
separate radioelectronic warfare and radioelectronic reconnaissance company of the Armed
Forces of the Donetsk People’s Republic was finally formed. It received the designation 08821
(stationed at the Topaz plant). This company included my unit. The main tasks of the very
high frequency (VHF) unit involved radioelectronic reconnaissance and radioelectronic warfare
against drones of the Armed Forces of Ukraine, short wave (HF) and ultra-short wave (VHF)
radio transmission systems, as well as Inmarsat and Iridium radio transmission systems.
Like I said previously, beginning in February 2015 I began thinking of how to abandon the
paramilitary group where I served and the territory controlled by the Donetsk People's
Republic and return to Ukrainian territory. The reason for this wish was that after seeing
through my own eyes the situation from the perspective of the Donetsk People’s Republic I
realized that the struggle in the Donetsk People’s Republic is managed and controlled not by
local chieftains but by officers of the Russian Ministry of Defense. The same officers also make
final decisions in all matters. Most militants of the Donetsk People’s Republic have no
understanding what they are fighting for, are demoralized, and wish to leave the Anti-Terrorist
Operation zone at the first opportunity. I realized that this choice of occupation did not suit
me and that I no longer wanted to be a part of it, so I decided to wait for a fitting opportunity.
[initials]
Subsequently, as I already told the investigators, acting on orders from Donetsk People’s
Republic leadership, I along with other servicemen of the radio interference unit of the
separate radioelectronic warfare and radioelectronic reconnaissance company of the Armed
Forces of the Donetsk People’s Republic, Military Unit 08821, went on a number of combat
missions. Specifically: From February 11 to 18, 2015 in the area of Debaltseve, Donetsk
Oblast; On March 6, 2015 in the area of Olenivka, Volnovakha District, Donetsk Oblast; From
April 1, 2015 to April 5, 2015 in the area of Olenivka, Molodizhne, Dokuchaevsk, Yasne,
Volnovakha District, Donetsk Oblast; From April 13, 2015 to April 15, 2015 in the area of
Olenivka, Molodizhne, Dokuchaevsk, Volnovakha District, Donetsk Oblast; From April 20,
2015 to April 23, 2015 in the area of Michurine, Telanove, Pervomayske, Telmanove District,
Donetsk Oblast. During these missions, I and other servicemen used the “Leyer” drone control
station, “Orlan-10” drones, “R934BMV” stations and the “SvetKu” station to carry out combat
missions that involved spying on the VHF range used by the Ukrainian military. In addition,
during these combat missions we conducted reconnaissance using the “Orlan-10” drone,
which helped us detect GSM terminals and their activity in these areas, which in turn enabled
us to locate Ukrainian Armed Forces in the territory covered by the combat mission. During
these missions, we used the same equipment and followed the same reconnaissance protocol
every time. I am now aware how the information we obtained was used subsequently.
I would like to stress again that I was not directly involved in armed combat against the
Ukrainian Armed Forces. I am also aware that the acts I committed constitute a crime under
the existing Criminal Code of Ukraine. Considering the circumstances that exist in Ukrainian
territory, my actions qualify as involvement in the terrorist organization Donetsk People’s
Republic and facilitation of its operations.
When the right opportunity came, I had the unit leadership grant me a leave. On April 27,
2015 I left the territory of the Donetsk People's Republic and went to Moscow, Russian
Federation, from where I left of Albania with a realization that I would never be going back.
While in Moscow, I made my decision known to the leadership of Military Unit 08821. I had
some rest in Albania and thought about my future. Realizing that the fact of my involvement
in the terrorist organization would be revealed one way or another, I decided to report my
crime to the law enforcement after returning to Ukraine. On September 17, 2015, I voluntarily
filed a relevant statement with the Odesa Oblast Directorate of the Security Service of
Ukraine.
[initials]
During the investigation, I helped the investigators in every way possible, disclosed the
information in my possession about Military Units 08801 and 08821 of the Donetsk People’s
Republic, which are part of the terrorist organizations, and about their operations, about
training centers for militants of the Donetsk People's Republic both in the occupied territory
of Ukraine and in the Russian Federation, about channels through which special-purpose
military equipment made it into Ukrainian territory and the origin radioelectronic interference
and reconnaissance equipment used by the Donetsk People's Republic. In addition, I handed
over a hard disk drive from my laptop which stores a number of electronic documents, photos,
and video recording that prove the existence of paramilitary groups within the Donetsk
People’s Republic and their operations. I also offered exhaustive testimony as a witness in
the criminal case being investigated by the Military Prosecutor General's Office in connection
with an aggressive war unleashed and conducted by the Russian Federation against Ukraine.
My hope is that this testimony will help the investigation.
I have read the record of questioning. It has been written down accurately.
I have no additional statements, requests, or complaints /A.R. Kochurka, defense attorney of
Kutikov/ [Signature]
Suspect K.V. Kutikov [Signature]
(First name, patronymic, last name) (Signature)
Defense attorney A.R. Kochurka [Signature]
(First name, patronymic, last name) (Signature)
Questioned by:
Senior Investigator with the Investigative Department
of the Odesa Oblast Directorate of the Security Service of Ukraine
Captain of Justice [Signature] S.O. Didorchuk
Annex 248
Signed Declaration of Oleksandr Chekorskyy, Witness Interrogation Protocol (5 April 2016)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
30
No. 22015050000000021 dated January 13, 2015 according to part 3 of article 258 of the
CC of Ukraine.
O.V. Chekorskyy
O.V. Chekorskyy
31
O.V. Chekorskyy
(namely: 1) by a certificate on the right to practice law; 2) an
order, agreement with the defender or order of the agency (institution) authorized by law to provide fee
legal assistance)
(namely – may not be interrogated as witnesses: 1)
defender, representative of a victim, civil plaintiff, civil defendant, legal representative of a victim, civil
plaintiff in criminal proceeding – on circumstances which he/she became aware of when performing the
functions of a representative or defender; 2) lawyers – on information that is lawyer-client privilege; 3)
notaries – on information that is notarial secrecy; 4) medical employees and other person who due to
performance of their professional or work obligations become aware of about a disease, medical
examination, examination and their results, the intimate and family life a person – about information that
is a medical secret; 5) the clergy – information they receive during confession by believers; 6) journalists
– about information that contains confidential information of a professional nature, provided under
condition of the non-disclosure of the other or source of the information; 7) professional judges, people’s
assessors and jurors – about circumstances of matters deliberated in private that arose during
adjudication, except for cases of criminal proceedings on a judge(s) knowingly issuing an unjust verdict,
ruling; 8) persons who participated in concluding or executing an agreement on reconciliation in
criminal proceedings, – about circumstances what became known in connection with participation in the
conclusion and execution of an agreement on reconciliation; 9) persons to whom security measures are
applied, - on valid data about their persons; 10) persons, who have information on valid data about
persons to whom security measures are applied, – on their data. Persons cannot be interrogated as
witnesses without their consent (and have the right to refuse to give testimony) who have the right to
diplomatic immunity as well as employees of diplomatic representative offices – without consent of the
representative of the diplomatic institution)
32
O.V. Chekorskyy
(Knowingly false testimony)
(Refusal of a witness to testify)
have it recorded
are not required
does not request
33
34
35
I have nothing
not recorded
my words were printed accurately as read by me ,
was not
found
to provide the written record .
was not found
O.V. Chekorskyy
Annex 249
Signed Declaration of Paylak Mikhaelian, Suspect Interrogation Protocol (10 October 2016)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Yes, I can specify the dates (time) that I can remember.
I will start from the fact that I ended up in Krasnodon in the Lugansk Region for the
first time on around April 27, 2014. I was at the base in Khorosheye in the Lugansk Region
from the end of April-start of May 2014. I was at Metallist (a region of the Lugansk Region,
near Lugansk) on around June 14–15, 2014. I was in the region of the populated settlements
of Debaltsevo, Chernukhino, Kruglik in around February–March 2015. I went to Donetsk in
the Rostov Region for military equipment in mid-May 2014. I was in Sverdlovsk in the Lugansk
Region twice in November – December 2015, and in the summer of 2016. Both the first and
the second times, everything I identified in the record, the military equipment on railroad tracks
[illegible] the Armed Forces of the Russian Federation.
I have no statements or petitions.
P.B. Mikaelyan
K.A. Shurkhno
Interrogation of the suspect dated 10.10.16
Azerbaijani (commander Lugansk)
by me personally, correct
friend of John, served under Hooligan, Kudrin
Senior Investigator for Special Cases
of the Chief Military Prosecutor’s Office
of the Prosecutor General’s Office of Ukraine
V.A. Astashev
Served under Kudrin (Hooligan),
saw him in Khorosheye
John, serving in Donetsk
since 2016
Annex 250
Signed Declaration of Artem Kharko, Victim Interrogation Protocol (1 November 2016)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
opolchentsi
Annex 251
Transcript of Conversation between Andrienko and Tyhonov (12 December 2016).
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
37
38
39
40
zavalinka
41
Piter
42
43
44
45
46
Annex 252
Signed Declaration of Oleksiy Andriyenko, Suspect Interrogation Protocol (18 December 2016)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Annex 253
Signed Declaration of Haide Rizayeva, Witness Interrogation Protocol (14 February 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
I have read the record, and it is accurate. I have no objections
H.A. Rizayeva
Annex 254
Signed Declaration of Hanna Mykolayva Fadeeva, Witness Interrogation Protocol (15 February
2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Testimony of Hanna Mykolayvna Fandeeva
1. I am Hanna Mykolayvna Fadeeva, born on July 23, 1941. I am a resident of
Avdiivka, a town in the East of Ukraine located close to the northern borders of
Donetsk. I have been living in Avdiivka for 51 years since 1965. I am 76 years of
age. I worked for the railway and on top of that for an agricultural enterprise
trying to make enough money to build my own home. Now I am retired. My
pension is approximately UAH 1300.00 per month.
2. I live in my own house located at the following address: 86 Kolosova (formerly
Kirova), Avdiivka. I live alone.
3. Several days before January 30, 2017, the shelling began in Avdiivka. Starting
from the evening of January 30, 2017, the shelling intensified; I could hear it. It
was very scary.
4. During the night between the 30th and 31st of January, 2017, I was at home
asleep. Closer to 4 am I heard the sound of glass breaking and [walls] collapsing. I
woke up and realized that there had been an explosion and I had to hide. I ran into
another room. After the explosion subsided I saw that I was trapped in my own
house and could not get out. The shelling continued and I was very scared when I
realized that at that time I could not get out of the building and was trapped.
Because it was the rear part of the building that collapsed it took my neighbors
some time to realize what had happened to me.
5. After the explosion I spent nearly 2 hours in the part of the building that remained
intact. The outside temperature at the time was close to minus 17 degrees
centigrade. My neighbors helped to rescue me; they partially removed the debris
and helped me out of the building, they pulled me out. After the attack I was left
without a roof over my head. My warm house in which I had everything I needed
to live had been destroyed. As a result of the shelling there was a hole in the outer
wall of the house, everything inside the building that I needed for my everyday
life had been destroyed: the toilet, the bathroom, the gas boiler that I used to heat
up the house, my dishes. As a result of the attack I was forced to stay with my
neighbors for three days. Also the roof of the summer kitchen was entirely
destroyed and the doors and windows were broken.
6. During the same night I saw that the shelling also damaged a number of other
houses of my neighbors who lived in the same street.
7. After the explosion destroyed my house my blood pressure shot up and I have
been suffering from constant headaches. For several days I was
Strictly
Confidential
treated in a local hospital and took a sedative; they gave me shots. I suffer from
memory loss, I am constantly shaking, my hands are trembling, [and] I started
forgetting words and letters when I write. During the night from the 14th to 15th
of February 2017 when I heard the sound of shelling again I had to take sedative
and plug my ears so that I would not hear the shooting.
8. When my house was destroyed the police came to inspect the scene. Since it had
happened during the night I do not know which kind of weapons were used to
damage my house, who was shooting, and from which direction. A part of the
shell that was pulled out of the house is still lying next to my damaged home.
The photos of the damage, which were made on February 15, 2017, have been
enclosed with this testimony.
The above is an accurate account of my statement.
15 February 2017 Signature [signature]
Avdiivka
Fandeeva Anna Nikolaevna
Strictly
Confidential
Annex 255
Signed Declaration of Oleksandr Oleksechuk, Suspect Interrogation Protocol (16 February 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
I have read this interrogation record. It is a true record of my oral statement. I have no additions
or comments to make.
Annex 256
Signed Declaration of Amonenko Oleksiyovich, Witness Interrogation Protocol (23 April 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Annex 257
Signed Declaration of Oleksandr Voytov, Witness Interrogation Protocol (24 April 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Annex 258
Signed Declaration of Yuri Martynovsky, Witness Interrogation Protocol (26 April 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Annex 259
Signed Declaration of Andriy Yanushevsky, Witness Interrogation Protocol (27 April 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Annex 260
Signed Declaration of Roman Melnykov, Witness Interrogation Protocol (27 April 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Annex 261
Transcript of Oleksiy Andriyenko Court Testimony (28 April 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Annex 262
Signed Declaration of Denys Skibin, Witness Interrogation Protocol (21 May 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Annex 263
Signed Declaration of Tornike Dzhincharadze, Suspect Interrogation Protocol (21 May 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
In response to the questions put to him, suspect T.D. Dzhincharadze gave the following
testimony:
Investigator’s question
Suspect’s response:
Investigator’s question
Suspect’s response:
Investigator’s question
Suspect’s response:
Investigator’s question
Suspect’s response:
Investigator’s question
Suspect’s response:
Investigator’s question:
Suspect’s response:
Investigator’s question
Suspect’s response:
Investigator’s question
Suspect’s response:
Investigator’s question
Suspect’s response:
Investigator’s question
Suspect’s response:
Investigator’s question:
Suspect’s response:
Investigator’s question
Suspect’s response:
Investigator’s question
Suspect’s response:
Investigator’s question
Suspect’s response:
Investigator’s question
Suspect’s response:
This is an accurate record of my oral statement. I have no comments or additions
Participant:
Interrogated by, record compiled by:
Annex 264
Signed Declaration of Oleksandr Mohilevsky, Witness Interrogation Protocol (22 May 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Annex 265
Signed Declaration of Oleksandr Kvartyn, Witness Interrogation Protocol (23 May 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Annex 266
Signed Declaration of Yevhen Bokhanevych, Suspect Interrogation Protocol (26 May 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
I have read the record. It has been written down accurately. I have no additions or changes to make.
Annex 267
Signed Declaration of Serhiy Semenchenko, Suspect Interrogation Protocol (10 July 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Annex 268
Signed Declaration of Myroslav Melnik, Suspect Interrogation Protocol (9 August 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
48
Interrogation started at 11:10 a.m.
Interrogation finished at 12:30 p.m.
Suspect, Accused Testimony Record Preparing an
Interrogation Record and Appendix Procedural (detective) action requirements
Interrogation
1. Full name: MYROSLAV VALERIYOVYCH MELNYK
2. Date and place of birth: 12/20/1993, Kirovske, Donetsk Region;
3. Ethnicity: Ukrainian;
4. Nationality: Ukraine;
5. Education: higher education, unfinished (completed four years at Priazovsky State University of
Technology specializing in Finance and Credit);
6. Family status: married to Ukrainian citizen Kateryna Volodymyrivna Myronenko, DOB
02/01/1995, has a young child, son Matviy DOB 10/07/2016;
7. Occupation (place of study): not in formal employment;
8. Profession and role: driver;
9. Place of registration and actual residence: 31 vul. Mendeleeva, Donetsk, Ukraine;
10. Contact phone number: doesn’t remember;
11. Previous convictions: none reported;
12. Is he a member of an elected body (which Council)?: does not hold elected office;
13. Information about a passport or any other identity document: identity established.
Suspect: (M.V. Melnyk)
signature surname and initials
49
“The language of criminal proceedings”
Suspect: (M.V. Melnyk)
signature surname and initials
Suspect: (M.V. Melnyk)
signature surname and initials
Suspect: (M.V. Melnyk)
signature surname and initials
Suspect: (M.V. Melnyk)
signature surname and initials
Suspect: (M.V. Melnyk)
signature surname and initials
In response to the questions put to him, the suspect
Myroslav Valeriyovych Melnyk, DOB 12/20/1993,
gave the following testimony:
50
51
52
53
Dobrovolets Donbassa
54
55
56
(M.V. Melnyk)
I have read the interrogation record, it is a true record of my oral statement, I have no further statements,
additions or comments.
Suspect: (M.V. Melnyk)
signature surname and initials
Defense attorney: G.Y. Babkova
Annex 269
Signed Declaration of Semen Boitsov, Suspect Interrogation Protocol (9 August 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Interrogation started at 15:00
Interrogation finished at 17:00
Suspect, Accused Testimony
Record Preparing an Interrogation Record and Appendix
Procedural (detective) action requirements Interrogation
Full name:
Date and place of birth
Ethnicity;
Nationality;
Education
Family status
Occupation (place of study):
Profession and role
Place of residence (registration)
Previous convictions
Is he a member of an elected body (which Council)?:
Information about a passport or any other identity document
Suspect:
Suspect:
“The language of criminal proceedings”
Suspect:
Suspect:
Suspect:
Suspect:
Suspect:
In response to the questions put to him, the suspect gave the following testimony:
Question:
Answer:
I have read the interrogation record. I have no further comments.
:
I.Y. Muntyan
Annex 270
Signed Declaration of Marko Gordiyenko, Witness Interrogation Protocol (14 September 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
Interrogation started at 14:17
Interrogation finished at 15:00
WitnessWitness Rights and Responsibilities
Testimony Record Preparing an Interrogation Record and
Appendix Procedural (detective) action requirements
Interrogation
M.V. Gordiyenko
“The language of
criminal proceedings”
Witness Rights and Responsibilities
Witness Liability
Knowingly false testimony
A witness’s refusal to testify
I have read this record. It is an accurate record. I have no further comments.
Annex 271
Signed Declaration of Roman Cheremsky, Witness Interrogation Protocol (undated)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51.
Pursuant to Rules of the Court Article 51(3), Ukraine has translated only an extract of the
original document constituting this Annex. In further compliance with this Rule, Ukraine has
provided two certified copies of the full original-language document with its submission. The
translated passages are highlighted in the original-language document. Ukraine has omitted
from translation those portions of the document that are not materially relied upon in its
Memorial, but stands ready to provide additional translations should the Court so require.
This text was composed and typed by me personally from memory.
Annex 272
U.N. General Assembly, 20th Session 1406th Plenary Meeting, Official Records, U.N. Doc.
A_PB.1406, para. 135 (21 December 1965).
Annex 273
U.N. General Assembly Resolution 49/60, U.N. Doc. A/RES/49/60, Declaration on Measures to
Eliminate International Terrorism (9 December 1994)
Annex 274
Rome Statute for the International Criminal Court, art. 30, 17 July 1998, U.N. Doc.
A/CONF.183/9
19
Rome Statute of the International Criminal Court
Article 28
Responsibility of commanders and other superiors
In addition to other grounds of criminal responsibility under this Statute for crimes within the
jurisdiction of the Court:
(a) A military commander or person effectively acting as a military
commander shall be criminally responsible for crimes within the
jurisdiction of the Court committed by forces under his or her effective
command and control, or effective authority and control as the case may
be, as a result of his or her failure to exercise control properly over such
forces, where:
(i) That military commander or person either knew or, owing to the
circumstances at the time, should have known that the forces
were committing or about to commit such crimes; and
(ii) That military commander or person failed to take all necessary
and reasonable measures within his or her power to prevent or
repress their commission or to submit the matter to the competent
authorities for investigation and prosecution.
(b) With respect to superior and subordinate relationships not described in
paragraph (a), a superior shall be criminally responsible for crimes within
the jurisdiction of the Court committed by subordinates under his or her
effective authority and control, as a result of his or her failure to exercise
control properly over such subordinates, where:
(i) The superior either knew, or consciously disregarded information
which clearly indicated, that the subordinates were committing or
about to commit such crimes;
(ii) The crimes concerned activities that were within the effective
responsibility and control of the superior; and
(iii) The superior failed to take all necessary and reasonable measures
within his or her power to prevent or repress their commission or to
submit the matter to the competent authorities for investigation and
prosecution.
Article 29
Non-applicability of statute of limitations
The crimes within the jurisdiction of the Court shall not be subject to any statute of
limitations.
Article 30
Mental element
1. Unless otherwise provided, a person shall be criminally responsible and liable for
punishment for a crime within the jurisdiction of the Court only if the material
elements are committed with intent and knowledge.
20
Rome Statute of the International Criminal Court
2. For the purposes of this article, a person has intent where:
(a) In relation to conduct, that person means to engage in the conduct;
(b) In relation to a consequence, that person means to cause that consequence
or is aware that it will occur in the ordinary course of events.
3. For the purposes of this article, ‘knowledge’ means awareness that a circumstance
exists or a consequence will occur in the ordinary course of events. ‘Know’ and
‘knowingly’ shall be construed accordingly.
Article 31
Grounds for excluding criminal responsibility
1. In addition to other grounds for excluding criminal responsibility provided for in
this Statute, a person shall not be criminally responsible if, at the time of that
person's conduct:
(a) The person suffers from a mental disease or defect that destroys that
person's capacity to appreciate the unlawfulness or nature of his or her
conduct, or capacity to control his or her conduct to conform to the
requirements of law;
(b) The person is in a state of intoxication that destroys that person's capacity
to appreciate the unlawfulness or nature of his or her conduct, or capacity
to control his or her conduct to conform to the requirements of law, unless
the person has become voluntarily intoxicated under such circumstances
that the person knew, or disregarded the risk, that, as a result of the
intoxication, he or she was likely to engage in conduct constituting a crime
within the jurisdiction of the Court;
(c) The person acts reasonably to defend himself or herself or another person
or, in the case of war crimes, property which is essential for the survival of
the person or another person or property which is essential for
accomplishing a military mission, against an imminent and unlawful use
of force in a manner proportionate to the degree of danger to the person or
the other person or property protected. The fact that the person was
involved in a defensive operation conducted by forces shall not in itself
constitute a ground for excluding criminal responsibility under this
subparagraph;
(d) The conduct which is alleged to constitute a crime within the jurisdiction
of the Court has been caused by duress resulting from a threat of imminent
death or of continuing or imminent serious bodily harm against that
person or another person, and the person acts necessarily and reasonably
to avoid this threat, provided that the person does not intend to cause a
greater harm than the one sought to be avoided. Such a threat may either
be:
(i) Made by other persons; or
(ii) Constituted by other circumstances beyond that person's control.
Annex 275
France,Working Document: Why an International Convention Against the Financing of
Terrorism?, later reproduced as U.N. Doc. A/AC.252/L.7/Add.1, (March 11, 1999)
What is the meaning of “financing” under this convention (arts. 1 and 2)?
Who are the persons at whom the convention is aimed (arts. 1, 2, 3, 5 and 7)?
mens
rea
What is the significance of the definition of an offence (art. 2)?
The “prosecute or extradite” principle for alleged offenders under the convention
(arts. 10, 13 and 14)
The sanctions regime (arts. 4, 5 and 8)
An important measure for mutual legal assistance: the lifting of banking secrecy
(art.12)
Preventive measures based on generally accepted principles followed in combating
money-laundering (art. 17)
Annex 276
U.N.G.A. Ad Hoc Comm. established by G.A. Res. 51/210 of 17 Dec. 1996, Rep. on its 3d session,
15-16 March 1999, U.N. Doc. A/54/37 (5 May 1999), Annex III, para. 1, Annex VI
Annex 277
Annex III, Report of theWorking Group on Measures to Eliminate International Terrorism,
54th Session, U.N. Doc. No. A/C.6/54/L.2, at 58 (26 October 1999)
Chairman
Paragraphs Page
inter alia
inter alia
Notes
Official Records of the General Assembly, Fifty-fourth
Session, Supplement No. 37
The States Parties to this Convention,
Bearing in mind
Deeply concerned
Recalling
Recalling also
Noting
Recalling
Recalling also
Recalling further
Considering
Noting
Noting also
Being convinced
Have agreed as follows
inter alia
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Explanatory comments
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Paragraph 3
Option 1
Option 2
Official Records of the General Assembly, Fifty-fourth Session, Supplement No. 37
bis
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Paragraph 1.
Paragraph 2.
New paragraph 1 bis
The States Parties to this Convention,
Bearing in mind
Deeply concerned
Recalling
Noting
Recalling
Recalling also
Recalling further
Noting
Noting also
Being convinced
Considering
Have agreed as follows:
The States Parties to this Convention,
Bearing in mind
Deeply concerned
Recalling
Noting
Recalling
Recalling also
Recalling further
Noting
Noting also
Being convinced
Considering
Have agreed as follows:
Amend subparagraph (b) to read as follows:
1. Amend the first two lines of the third of preambular paragraph to read as
follows:
2. Insert the following new fifth preambular paragraph:
3. Amend the last preambular paragraph to read as follows:
The States Parties to this Convention,
Bearing in mind
Deeply concerned
Recalling
Recalling also
Noting
Recalling
Recalling also
Recalling further
Considering
Noting
Noting also
Being convinced
Have agreed as follows
See Annex I
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See Annex I
Proposed definition
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See Annex I
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inter alia
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See Annex I
Testimonium
See Annex I
See Annex I
bi-s rah muta`ammadah!midan muta`ammadan
on the basis of those conventions with respect to which
it has taken the necessary constitutional measures and that have for it entered into force
rahnan bi-huq q al-ghayr
dhaw! al-n!yah al-hasanah
"khidhan bi-`ayn al-i`tib"r al-taraf al-th"lith husn al-n!yah
sic
huq q al-ghayr
tansha’ tujna tuhsal yuhsal
`alayh"
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Notes
Official Records of the General Assembly, Fifty-fourth
Session, Supplement No. 37
Official Records of the General Assembly, Fifty-fourth
Session, Supplement No. 37
Volume VII - Annexes 215-277