An important piece of evidence

Previously, all the general public knew about a heinous crime perpetrated on the Sea of Azov was from a statement made by the surviving Ukrainian crew member, Oleksandr Fedorovych. This video tape shows what it was all about and is generally regarded as an important piece of evidence, expected to acquit the Ukrainian fisherman. The big question is whether there is more than meets the eye.

“OK, let’s give it two more tries, then they will be f…. done with, they’re already even with water level…” This is from the video tape, voice off-screen, before the head-on collision. As previously reported, the only surviving member of a crew of five Ukrainian nationals is Oleksandr Fedorovych, 49, who told The Day that the video tape is authentic. The man is under house arrest in Yeisk, a town in the Krasnodar Region of Russia, awaiting trial on charges as per Section 3, Article 256 of the Criminal Code of the Russian Federation, namely unlawful fishing and use of natural biological resources. Punishment: a fine of 100-500 thousand rubles or a term of up to two years of forced labor.

Fedorovych’s defense counsel Viktoria PROSVIRINA told The Day that her client’s case is still at the public prosecutor’s office: “They are biding their time because this case is politically important and they are afraid to make rash decisions.” Her response to the video tape was restrained: “The problem is that the Fedorovych and the collision cases are being dealt with by different judicial authorities. There are two criminal cases being investigated… Both could be linked, in some or other way, but this video may fail to bring about any cardinal procedural changes.”

Dmitri PERBUSHKIN, the investigation officer in charge of the Fedorovych case, says he does not know exactly when the Ukrainian national will stand trial, and that he can’t offer any comment on the process. The Day got in touch with the press service of the Black-Azov-Sea Coast Guard under the aegis of Russia’s secret police, FSB. They wanted to know who was calling and then we were told to contact Moscow. We called the FSB PR department. After they learned who was calling, we were told to put down a FAX number to receive an official statement. Fortunately, they had an email address. The Day emailed asking for comment on Russian Coast Guard’s performance when pursuing the Ukrainian boat; also the exact date of trial and whether the video tape could be qualified as evidence.

Oleh BEREZIUK, president, Ukrainian Lawyers’ Association: “If this video tape is original, it could certainly be used as a piece of evidence in the [Fedorovych] case… The big question remains concerning the performance of the Russian Coast Guard. The emphasis should be made on legal assessment of their performance, rather than the assessment of the [Ukrainian national] under investigation in the Russian Federation. From what we know, the Russian Coast/Border Guard deliberately ran their vessel on a head-on collision course with the Ukrainian trawler, and that this collision caused human deaths. This is a heinous crime and it must be dealt with in keeping with Russian legislation.” Bereziuk adds that the Russian side has to provide sufficient evidence of Fedorovych’s unlawful fishing: “There is no denying the Russian Coast Guard’s inadequate performance. Even if the Ukrainian crew were caught in the act of unlawful fishing, does this justify the killing?”

If this video tape proves that Fedorovych and the rest of the crew – people who died – did not commit a crime (e.g., unlawful fishing), it will serve as an important piece of evidence in favor of the surviving defendant, Fedorovych. Bereziuk stresses that the Ukrainian side must make every effort to secure fair court hearings.