Senior Journalist Oleksandr Kuchynsk Killed in Donetsk, Ukraine

Update: 29 Mar 2021 State replied
Year 02 Apr 2015 Country Ukraine Category Impunity for murder Source of threat Unknown Partner EFJ/IFJ , AEJ Alert level Level 1
02 Apr 2015 Ukraine Impunity for murder Unknown EFJ/IFJ , AEJ Level 1
Alert concerning the non-government controlled areas in the Luhansk and Donetsk regions of Ukraine.Alerte concernant les zones des régions de Louhansk et Donetsk de l’Ukraine non contrôlées par le gouvernement.

57-year-old Oleksandr Kuchynsk, a senior journalist editor of Criminal Express, a newspaper in Donetsk covering crime, was found murdered along with his wife on 29 November 2014 in the village of Bogorodychne near Slovyansk in war-torn Donetsk Oblast, according to police sources. Officials of the Interior Ministry were quoted as saying that the couple was stabbed to death. Media reports added that Kuchynsk had gained a reputation from his investigations into the Donbass mafia.

State replies

29 Mar 2021 : Reply from the Government of Ukraine
15 Feb 2017 : Reply from the Government of Ukraine

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20 March 2018

On 20 March 2018, the European Court of Human Rights issued its Grand chamber judgment on Mehmet Altan’s case. The Court found there had been a violation of Article 5 § 1 (right to liberty and security) and a violation of Article 10 (freedom of expression) of the European Convention for Human Rights. With regards to article 5 §1, according to the Court findings, “Mr Altan’s continued pre-trial detention, after the Constitutional Court’s clear and unambiguous judgment of 11 January 2018 (…), could not be regarded as ‘lawful’ ”. The Court held that “for another court to call into question the powers conferred on a constitutional court to give final and binding judgments on individual applications ran counter to the fundamental principles of the rule of law and legal certainty, which (…) were the cornerstones of the guarantees against arbitrariness”. Under Article 10, the Court held in particular that “there was no reason to reach a different conclusion from that of the Constitutional Court, which had found that Mr Altan’s initial and continued pre-trial detention, following his expression of his opinions, constituted a severe measure that could not be regarded as a necessary and proportionate interference in a democratic society”. The Court pointed out in particular that “criticism of governments and publication of information regarded by a country’s leaders as endangering national interests should not attract criminal charges for particularly serious offences such as belonging to or assisting a terrorist organisation, attempting to overthrow the government or the constitutional order or disseminating terrorist propaganda”.

20 March 2018

On 20 March 2018, the European Court of Human Rights issued its Grand chamber judgment on Şahin Alpay’s case. The Court found there had been a violation of Article 5 § 1 (right to liberty and security) and a violation of Article 10 (freedom of expression) of the European Convention for Human Rights. With regards to article 5 §1, according to the Court findings, “Mr Alpay’s continued pre-trial detention, after the Constitutional Court’s clear and unambiguous judgment of 11 January 2018 (…), could not be regarded as ‘lawful’ ”. The Court held that “for another court to call into question the powers conferred on a constitutional court to give final and binding judgments on individual applications ran counter to the fundamental principles of the rule of law and legal certainty, which (…) were the cornerstones of the guarantees against arbitrariness”. Under Article 46 (binding force and execution of judgments) of the Convention, the Court held that it was incumbent on the respondent State to ensure the termination of Mr Alpay’s pre-tria detention at the earliest possible date. Under Article 10, the Court held in particular that “there was no reason to reach a different conclusion from that of the Constitutional Court, which had found that Mr Alpay’s initial and continued pre-trial detention, following his expression of his opinions, constituted a severe measure that could not be regarded as a necessary and proportionate interference in a democratic society”. The Court pointed out in particular that “criticism of governments and publication of information regarded by a country’s leaders as endangering national interests should not attract criminal charges for particularly serious offences such as belonging to or assisting a terrorist organisation, attempting to overthrow the government or the constitutional order or disseminating terrorist propaganda”.

30 June 2015