Lawyer for UOJ journalist: No reason to keep the defendant in SIZO
The court extended the detention of the Orthodox journalist.
The lawyer for Andriy Ovcharenko, an Orthodox UOJ journalist, explained in court why the decision to keep the defendant in pre-trial detention after the investigation was unjustified.
For example, his client is behind bars because the prosecution believes he might evade pre-trial investigation authorities, alleging he "acts on the enemy's side".
"On what basis, on what written evidence, is it claimed that Ovcharenko acts on the enemy's side?" the lawyer questioned, pointing out that this is not mentioned in the prosecutor's motion.
The UOJ journalist's defender emphasized that Article 34 of the Ukrainian Constitution states that everyone has the right to freely collect and disseminate any information. Article 35 states that the Church is separated from the state.
"The Union of Orthodox Journalists engages in informational and analytical activities on religious topics. No objective observer can be convinced that those who write about the UOC and the OCU, compare the statements of religious figures, can be considered working on the enemy's side," the lawyer noted.
The prosecutor's motion does not explain why there is a risk of evading pre-trial investigation. It says nothing about whether the defendant can freely cross the Ukrainian border, whether Ovcharenko has been deregistered from the military to do so, or if he has property abroad where he could hide.
"The mechanism for the risk of evading pre-trial investigation is not defined in the prosecutor's motion. This risk can be reduced to absurdity: Ovcharenko has two legs, and with these two legs, he can run away from Kyiv," the lawyer ironically remarked.
The prosecutor's motion also lacks justification on how the defendant might influence witnesses if released.
"To date, not a single witness who testified during the criminal investigation has approached the investigator or prosecutor with a request for security measures, claiming that Ovcharenko might prevent them from speaking in court. No witness has said they fear Ovcharenko," the defender stated.
The lawyer questioned whether Ovcharenko committed a crime under the Criminal Code. Is this activity criminal from a pre-trial investigation perspective?
If the UOJ writes a critical article about Patriarch Kirill, analysing his statements and criticising Russian aggression from a religious, not political, perspective.
Therefore, the conclusion that Ovcharenko will continue his criminal activity is unproven, the lawyer argued. It is highly debatable whether Ovcharenko is involved in writing these articles and whether these articles could incite religious hatred or justify Russian armed aggression in the eyes of an objective observer.
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As reported by the UOJ, the lawyer previously stated that in a civilised country, Andriy Ovcharenko's case would not have reached the court.
