Фірташ у Лондонському суді проти Kyiv Post (support The Kyiv Post!)

1) Ukrainian democracy under attack in U.K. as oligarch sues Kyiv Post

To Whom It May Concern:

More than five years after the Orange Revolution brought improved democracy to Ukraine, the new government and its oligarch backers appear to be trying to snuff out progress. Many independent observers and organizations have noted a decline in democracy during the administration of President Viktor Yanukovych, who took power on Feb. 25. Pressure is being brought to bear on media outlets, including the Kyiv Post, Ukraine's oldest and most respected English-language newspaper, in order to muzzle independent sources of information.

The Kyiv Post is currently being sued in a London court by Dmytro Firtash, a gas trading oligarch with close ties to the president's inner circle. The story in question was published July 2 and involved straightforward reporting about allegations of corruption and conflict of interest in the Ukrainian gas trade.

By way of background, Firtash is widely suspected of having ties to alleged Ukrainian mobster Semyon Mogilevych, one of the FBI's 10 most-wanted men now believed to be living in Russia. According to a cable published by WikiLeaks late last year, Firtash admitted to links with Mogilevych in a meeting with the U.S. ambassador to Kyiv in 2008. He subsequently issued a public statement on Dec. 2, 2010, denying those links.

In August last year, leading British newspapers reported that Baroness Pauline Neville-Jones was vetoed as National Security Advisor because of her links with two oligarchs, including Firtash. Her office has received funding from Robert Shetler-Jones, the chief executive of Firtash's holding company.

Firtash, a Ukrainian businessman, accuses the Kyiv Post of damaging his reputation in the U.K., despite the fact that the article in question was read by fewer than 50 readers.

Firtash's lawyers explain the reason why the case should be heard in the U.K. as lying in the fact he attended a dinner function with the Queen in 2005 and provided funding for Cambridge University to establish a Ukrainian department. Attached to this letter are scans of court documents containing the claims.

This is exactly the kind of case that British Deputy Prime Minister Nick Clegg was referring to a recent speech where he called for a new libel law to prevent journalists being "bullied into silence." Ukraine needs these changes in English libel law now more than ever if it is to retain a free press.

Kyiv Post chief editor Brian Bonner is available for comment on this case and the deteriorating media freedoms in Ukraine. Please email bonner@kyivpost.com or call.

Here are two helpful links:

http://www.kyivpost.com/news/opinion/editorial/detail/93016/

http://www.kyivpost.com/news/nation/detail/71733/

Yours faithfully,

Brian Bonner

Kyiv Post chief editor

2) From the Cambridge University "Varsity" newspaper

University donations enable 'libel tourism'

Controversial university donor Dmitry Firtash cites his Cambridge connections to bring libel charges to British courts

by Andrew Griffin, Jessie Waldman, Tristan Dunn

Thursday 27th January 2011, 20:38 GMT

3) The Kyiv Post, Ukraine's leading English-language paper, is under threat:





1. Since it started in 1995, the Kyiv Post has served as a beacon of independent and reliable journalism in Ukraine. It has consistently demonstrated its commitment to its motto: "Independence. Community. Trust." The Kyiv Post has led the charge in such investigations as the 2000 murder of journalist Georgiy Gongadze, the Mykola Melnychenko tapes involving ex-President Leonid Kuchma, election fraud and the 2004 Orange Revolution, the RosUkrEnergo gas trader and others. We have been the main window into Ukraine for English-language readers and were one of the few sources of independent journalism in Ukraine during the authoritarian Kuchma era. In the Melnychenko tapes, Kuchma – who has denied the authenticity of the recordings of him – is allegedly heard discussing with a top official how to shut down the Kyiv Post. Now, more than a year into the administration of President Viktor Yanukovych, an attempt to silence the Kyiv Post is under way by one of the president's close backers, Dmytro Firtash, who filed a libel lawsuit against the newspaper in London in response to a July 2 story. Despite the fact that fewer than 50 people read the story in the United Kingdom, we believe that Firtash has chosen the London venue – the so-called "libel capital" of the world – to exploit weak English libel laws that favor rich plaintiffs, hinder robust public debate about public figures and put the burden of proof on defendants – a reversal of the way justice is supposed to work. Moreover, litigation in London is costly, favoring rich plaintiffs. A Feb. 10 hearing is scheduled for London on the Kyiv Post's attempt to have the lawsuit dismissed.

2. The Kyiv Post remains one of the few truly independent news media voices in the nation. We consider the libel lawsuit as an attempt to silence the Kyiv Post, particularly since neither Mr. Firtash nor his lawyers have explicitly stated that anything factually wrong with the article, nor have they responded to numerous attempts then and now to rebut the allegations contained in the article.

3. Firtash is a Ukrainian billionaire and longtime partner, through his co-ownership of RosUkrEnergo gas intermediary, with Russian state-run Gazprom. We regard his claims of libel as frivolous. The July 2 story in question "Gas trade leaves trail of lawsuits, corruptions" was based on public accusations about alleged corruption involving a public issue (the gas trade) made by a public figure (ex-Prime Minister Yulia Tymoshenko) against a public figure (Firtash). The account also raised legitimate issues of conflict of interest involving Firtash's ties to high-ranking members of the Yanukovych administration and how they might affect a dispute between RosUkrEnergo and Ukraine over ownership of 11 billion cubic meters of gas. Moreover, from the other side, Firtash associate – and current Security Service of Ukraine head Valeriy Khoroshkovsky – has jailed several former Naftogaz officials involved in the dispute and has them under criminal investigation. So it seems indisputable that corruption exists in the gas trade; the question is whom to blame. If the Kyiv Post cannot write about these public policy matters, then democracy and a free press does not exist in Ukraine. The gas trade in Ukraine is almost universally regarded as non-transparent and many – including the U.S. government and former Ukrainian government – have called for the removal of the RosUkrEnergo intermediary in the Russian-Ukraine gas trade because of its murky role and alleged harm to Ukraine's national interests. Even Russian Prime Minister Vladimir Putin, in a Jan. 8, 2009, during a gas standoff between Ukraine and Russia, raised questions about how RosUkrEnergo spent money, its backing it and the role it played. Putin said then: "In my opinion, the current situation is that the incumbent Ukrainian leadership is incapable of organizing normal and transparent functioning of the economy on market principles and moreover, by its actions is causing heavy damage to the Ukrainian people and the prestige of the Ukrainian state. That is one more proof that we are witnessing a political collapse inside Ukraine. I regret to say that it indicates a high level of corruption in Ukrainian government structures which today are fighting not over the gas price, but for the possibility to keep certain mediators [RosUkrEnergo] in the game in order to use the dividends for personal enrichment and to raise the necessary funds for future political campaigns." Read more: http://www.kyivpost.com/news/world/detail/33005/#ixzz1CEBgXt9I

How can I assist the Kyiv Post and independent journalism in Ukraine?

1) Public support via fair articles in the news media, public statements of support, open letters to President Viktor Yanukovych, European Union and U.S. officials, participation in roundtables and informal discussions with decision-makers to help remove the threat to free speech posed by this lawsuit.

2) Support in assisting news media in Ukraine in how to defend themselves against lawsuits and other attacks that are politically motivated.

3) Assistance in raising financial support for investigative journalism and legal defense.

Блог автора – матеріал, який відображає винятково точку зору автора. Текст блогу не претендує на об'єктивність та всебічність висвітлення теми, яка у ньому піднімається. Редакція "Української правди" не відповідає за достовірність та тлумачення наведеної інформації і виконує винятково роль носія. Точка зору редакції УП може не збігатися з точкою зору автора блогу.