General Prosecutor’s activities and statements authorize the attack on the NABU independence
The statements of the General Prosecutor of Ukraine about the alleged illegality of work of some units of the National Anti-Corruption Bureau of Ukraine (NABU) do not reflect the reality and sometimes also belie the common sense. As Mr Lutsenko, judging by his statements, seems not to be fully aware of the basic legal principles of the operative search activities, we inform that all NABU’s operative and search activities are guided by the requirements of the Law "On the National Anti-Corruption Bureau of Ukraine" and the Law "On Operative and Search Activities". According to Article 8 of the Law "On Operational and Search Activities", regular and freelance open and undercover employees can be involved in conducting operative and search activities.
The selection process of full-time employees for the implementation of operative and search activities, as well as for employees of other units of the National Bureau, is carried out on competitive basis with regard to the requirements of the Law "On State Secret". The basic principle of operational and search activity is the secrecy of actions. To ensure investigation results, non-disclosure of data (as of the forms and methods of organization and implementation of undercover operations) is required. The personal data of employees also cannot be disclosed. The NABU employees as well as the employees of the operative and search units of other law enforcement agencies have access to state secrets and classified information.
The disclosure of employees’ personal data and content of operational and investigative measures undermines undercover activities, threatens lives and endangers health of law-enforcement officers and their relatives. Thus, the General Prosecutor`s Office of Ukraine (GPO) and the Security Service of Ukraine (SSU) deliberately threatened the NABU’s staff and disrupted several undercover operations disclosing personal data of the NABU undercover agents.
The NABU will do everything possible to ensure that the abovementioned actions, conducted by the SSU and the GPO, are to have adequate legal assessment.
Regarding the statements of Yuriy Lutsenko on the NABU agents allegedly using contraband and illegal equipment, we emphasize that all technical equipment, used by the NABU, was officially acquired and registered as prescribed by the law.
We consider the situation when the Prosecutor General of Ukraine deliberately misleads the public and reports false facts and proposes arbitrary interpretation of the law to be unacceptable. Mr. Lutsenko actually gives the green light for further attack on the newly created anti-corruption agencies.
According to Article 21 of the Law "On the National Anti-Corruption Bureau of Ukraine", the employees of the National Bureau during the execution of official duties represent the authorities, act on behalf of State and are under its protection. No one (except of authorized officials of the state agencies in cases prescribed by the Law) has the right to interfere in the legal activities of the NABU. To ensure the security of the NABU’s staff and their relatives, no of personal data can be disclosed in the media. The information about the NABU staff is to be provided with the permission of the Director of the National Bureau or his Deputy only.