Human Rights Campaigners Take Legal Action Against the Prosecutor's Office for Failure to Act in Parubiy Case

Uspishna Varta Human Rights Platform filed a complaint to Pechersky Rayon Court in Kiev against the Prosecutor General's Office of Ukraine failure to act in the form of non-entering of information on criminal offence committed by parliamentary speaker Andrey Parubiy under Article 436-1 of the Criminal Code of Ukraine (Production, Dissemination of Communist, Nazi Symbols and Propaganda of Communist and National-Socialist (Nazi) Totalitarian Regimes) into the United Register of Pre-Trial Investigations.

It should be reminded that on 3 September 2018, speaking at Svoboda Slova talk show at ICTV TV channel, Verkhovna Rada Speaker Andrey Parubiy named Nazi dictator Adolf Hitler the biggest practitioner of direct democracy. Speaking live on air, the Rada chairman made the following statement: "I am a huge fan of direct democracy. ... By the way, I should tell you that Adolf was the biggest practitioner of direct democracy in the 30's". Andrey Parubiy added that he studied direct democracy "at scientific level", urging the audience "not to forget the Fuhrer's contribution to the development of democracy".

In the view of Uspishna Varta Human Rights Platform, the Chairman of the Verkhovna Rada of Ukraine, being a public official under the Constitution of Ukraine and the Rules of Procedure of the Verkhovna Rada of Ukraine, acting deliberately through the use of mass media, by means of live broadcast at ICTV all-Ukrainian TV channel, committed dissemination of information falling under the prohibition established by the Law of Ukraine on the Condemnation of Communist and National-Socialist (Nazi) Totalitarian Regimes and Prohibition of Propaganda of Their Symbols, holding up Adolf Hitler (Fuhrer of the National Socialist German Workers' Party and Reichchancellor of Nazi Germany) as an example of direct democracy.

A relevant complaint demanding the investigation of the crime committed by Andrey Parubiy was submitted to the Prosecutor General's Office of Ukraine by Uspishna Varta Human Rights Platform. Under paragraph 4, Article 214 of the Criminal Procedure Code of Ukraine, an investigator, a prosecutor or another official authorized to receive and register complaints and reports of criminal offences, must accept and register such complaints or reports. No refusals to accept and register such complaints or reports of criminal offences are permitted.

As far as no such procedural action was taken, Uspishna Varta considers this failure to act by officials of the Prosecutor General's Office of Ukraine illegal and subject to appeal in accordance with the procedure established by the law. Hence, Uspishna Varta requests the court to order the Prosecutor General's Office of Ukraine to enter the information on criminal offence committed by parliamentary speaker Andrey Parubiy under Article 436-1 of the Criminal Code of Ukraine into the United Register of Pre-Trial Investigations, and to start pre-trial investigation.

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