SPECULATION SOARS WITH ARREST OF GONGADZE MURDER SUSPECT

UNCLAS SECTION 01 OF 02 KYIV 001259 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PHUM PGOV UP SUBJECT: SPECULATION SOARS WITH ARREST OF GONGADZE MURDER SUSPECT Summary -------------- ¶1. (SBU) The recent arrest of former police general Oleksiy Pukach, a key suspect in the 2000 murder of investigative journalist Georgiy Gongadze, has many hoping that he will reveal who ordered this high-profile murder. Gongadze's widow told the press that senior officials from the Kuchma administration, including the former president himself, should be worried. However, the lawyer for Gongadze's widow told us that Pukach would likely mislead investigators to save himself and protect others involved in the murder. Although the lawyer believes the timing of the arrest was not connected to the upcoming presidential campaign, she was concerned that political pressure to rush Pukach to trial before the presidential election could result in a botched trial. End Summary. Key Suspect Arrested -------------- ¶2. (U) On July 21, authorities detained former police general Oleksiy Pukach, a key suspect in the 2000 murder and decapitation of journalist Georgiy Gongadze, who had earned the enmity of then-President Kuchma. Pukach, who had been in hiding since 2004, was captured in a village in Zhytomyr Oblast in a joint operation by the Security Service of Ukraine (SBU) and Prosecutor General's Office (PGO). Three former police officers were convicted in 2008 for their involvement in the murder but many believe that Pukach organized Gongadze's abduction and strangled him in 2000. Although he probably did not order the murder, observers believe Pukach had firsthand knowledge of who did. While senior Kuchma era officials all deny involvement, observers and the media speculate that Pukach could implicate Kuchma or Rada Speaker Lytvyn, among others. ¶3. (U) Pukach's arrest in Ukraine, after years of being in easy reach of law enforcement authorities, came as a surprise. A video of his arrest posted on the internet appears to show him admitting involvement in the crime. Following the arrest, Deputy head of the SBU Vasyl Hrytsak told reporters that that Pukach was cooperating in the investigation and that he knew the location of Gongadze's missing head. On July 28, the media reported that investigators, acting on information from Pukach, believe they have found parts of Gongadze's skull. Widow says Kuchma Should be Worried -------------- ¶4. (U) Gongadze's widow Myroslava told the media that the arrest 
was significant and that Kuchma and other senior officials during his administration - including Lytvyn - should be worried. First Vice Prime Minister Turchinov called on law enforcement to ensure Pukach's safety while in detention saying that some high ranking officials may fear what he could tell investigators. President Yushchenko's spokesperson told reporters that Yushchenko ordered the PGO to report to him daily on the investigation and explain how Pukach managed to remain in hiding in Ukraine since 2004. Prime Minister Tymoshenko expressed surprise that it took so long for law enforcement to arrest Pukach. She stated that the investigation has to be completed regardless of how it may impact the presidential election. Widow's Lawyer: Timing of Arrest Coincidence -------------- ¶5. (SBU) Valentyna Telychenko, the legal representative for Gongadze's widow Myroslava Gongadze, told Emboff that she believed the timing of the arrest was not connected with the upcoming presidential campaign. She attributed Pukach's arrest to good investigatory work done by working level SBU officers, who disregarded unofficial but well understood pressure from higher levels to leave the crime unsolved. While crediting SBU head Nalyvaichenko for acting on the leads developed by SBU investigators, she criticized the PGO for not doing its part to investigate the case. She believes that former colleagues of Pukach at the Ministry of Interior knew of his whereabouts while he was in hiding. She expressed frustration that despite President Yushchenko's campaign promise in 2004 to fully investigate the murder, the current Government had not done enough to identify those who ordered the killing. However, with the arrest of Pukach, she expects President Yushchenko to push for a speedy trial and conviction before the January 2010 presidential election. Pukach will Mislead Investigators -------------- ¶6. (SBU) Telychenko expects that Pukach, with many years of police experience, will mislead investigators. She believes he has already provided contradictory stories implicating senior officials from the Kuchma era, including former Interior Minister Kravchenko, who are now dead. (Investigators ruled Kravchenko's death in 2005, although it resulted from two shots to the head, as a suicide.) Telychenko KYIV 00001259 002 OF 002 explained that Pukach's videotaped admission of involvement in the crime during his arrest would not be admissible in court. Telychenko is concerned that Pukach may succeed in avoiding a conviction, especially if the PGO bungles its case due to incompetence or if it is forced to rush its case because of political pressure. She noted that Pukach's testimony could also lead to a judicial review of the 2008 conviction of the three police officers for their role in the killing. According to Telychenko, if Pukach's testimony contradicts the prosecution's case against the three police officers, their convictions could be overturned. Lytvyn Calls for Objective Investigation -------------- ¶7. (SBU) Rada Speaker Volodymyr Lytvyn, who was chief of Kuchma's Presidential Secretariat when Gongadze was murdered, has been the subject of speculation following Pukach's arrest. Lytvyn is alleged to have had knowledge of plans to silence Gongadze. Lytvyn, who has denied any involvement, called for an objective investigation and told reporters that he hopes the truth would be revealed -- but not the truth for political interests. Telychenko believes that Pukach has information about senior officials who ordered the murder but she doubts that he would reveal incriminating evidence. Pukach is in danger of being killed for what he knows about the murder, she noted. He might also be targeted by forces hoping to destabilize Ukraine during a highly charged election year, she speculated. Comment -------------- ¶8. (SBU) It will be a test for Ukraine's legal system to keep political considerations from interfering with a fair and thorough trial of Pukach. However, if the Government's record on this case is any indication, then Telychenko has reason to be concerned about the possibility of a botched trial. PETTIT