A resident of Ternopol was sentenced to 2 years in prison for "VKontakte” posts

A resident of Ternopol was sentenced to 2 years in prison for "VKontakte” posts

The court sentenced the resident of Ternopol Evgeny Fuk in absentia to 2 years of imprisonment for spreading calls for Russia to "begin military aggression against Ukraine" on the social network "VKontakte". This is stated in the court verdict from December 5th.

Thus, in the court verdict it is specified that the 34-year-old resident of Ternopol, during the period from May 12th to June 22th 2015 created on "VKontakte" a personal account via which he allegedly consciously posted public calls to overthrow the constitutional system of Ukraine. In particular, mentioned posts from the website "Sharij.net", which the defendant posted on his page along with his comments.

The court also established that the defendant most likely joined fighters of the self-proclaimed “republics” of Donbass. Such a conclusion was drawn on the basis of the private correspondence investigated in court where he expressed such an intention.

Following the results of consideration the court found Evgeny Fuk guilty and sentenced him to 2 years of imprisonment without the confiscation of property.

The legal team of "Uspishna Varta" analysed the sentence handed to Evgeny Fuk and noted that a part of the indictment is based on the data of the scandalous "Mirotvorets" website.

In addition, we want to note that in the court verdict there is no expert opinion from a semantic-textual analysis of documents, which is supposed to define the existence or absence in the posts of calls to overthrow the constitutional system. Respectively, the court verdict can be challenged.

As a reminder, in the past "Uspishna Varta" reported that the data of the "Mirotvorets" website is used in trials at all stages – from the beginning of the pre-judicial investigation to the pronouncement of the guilt of the person. The use of the data of the "Mirotvorets" website violates Article 6 of the European Convention on Human Rights, which guarantees everyone the right to a fair trial.

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