[Congressional Record Volume 148, Number 54 (Friday, May 3, 2002)]
[Extensions of Remarks]
[Pages E697-E698]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          MURDER OF UKRAINIAN HEORHIY GONGADZE STILL UNSOLVED

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                         Thursday, May 2, 2002

  Mr. SMITH of New Jersey. Mr. Speaker, the murder of Ukrainian 
investigative journalist Heorhiy Gongadze remains unsolved. On 
September 16, 2000, Gongadze, editor of an Internet news publication 
critical of official, high-level corruption in Ukraine, disappeared. 
Seven weeks later, his remains were found in Tarashcha in the Kyiv 
region.
  Repeated expressions of concern to the Government of Ukraine have 
been met with stonewalling. Over the last 18 months, the

[[Page E698]]

Helsinki Commission, Members of the House and Senate, the Department of 
State, the OSCE, the Council of Europe and other international 
institutions repeatedly have raised this case and urged President 
Kuchma and the Ukrainian Government to undertake a speedy, serious, 
open and transparent investigation into the Gongadze murder case.
  Back in December of 2000, 1 urged Ukrainian authorities to resolve 
this grave matter in a timely and just manner before the case further 
tarnished their credibility in dealing with fundamental human rights. 
Last July, a number of us were present at the Paris OSCE Parliamentary 
Assembly meeting, where Gongadze's widow Myroslava accepted the OSCE PA 
Prize for Journalism and Democracy on his behalf. A resolution adopted 
by the OSCE PA in Paris expressed dismay ``that the criminal 
investigation into the murder of journalist Heorhiy Gongadze has been 
obstructed by authorities and has not been carried out in accordance 
with the rule of law.''
  Last month, Ukrainian authorities blocked FBI experts from examining 
evidence gathered during the initial investigation. The Bureau had been 
invited by Ukrainian authorities to advise and assist in the 
investigation of the case and earlier had participated in identifying 
Gongadze's remains. Over the last year, Ukrainian prosecutors routinely 
cited their request for assistance from the FBI as evidence that they 
were working diligently to solve the murder.
  According to a statement released by the U.S. Embassy in Kyiv, the 
four FBI experts were told that Ukrainian law prohibits prosecutors 
from releasing any information to them. They were ``unable to discuss 
any aspects of the case, share evidence or conduct a joint site 
inspection. Because of this, the FBI team could not provide suggestions 
that might help Ukrainian law enforcement authorities advance the 
investigation of the murder of Mr. Gongadze.'' This lack of cooperation 
after promises to accept the U. S. technical assistance--is an 
indication of bad faith on the part of the Ukrainian authorities.
  This is only the latest example which seriously questions the 
Ukrainian authorities' commitment to resolving this case and has led 
many to conclude that the Procurator General's office is hampering the 
investigation into Gongadze's death. Particularly telling was the 
Procuracy's initially casting doubt on the results of a DNA test 
reported in February 2001, which determined with a 99.6 percent 
probability that the body exhumed from a shallow grave in Tarashcha 
was, indeed, that of Gongadze. The Procurator General, Mykhaylo 
Potebenko, who recently announced he would resign to become a Member of 
Parliament from the Communist Party, has also been uncooperative with 
Gongadze's widow and mother, even after the court gave them status that 
legally permitted them access to details of the investigation. An 
assessment of the case last year by Freimut Duve, the OSCE 
Representative on Freedom of Media, found that the investigation into 
Gongadze's disappearance has been ``extremely unprofessional.'' It is 
high time for the Ukrainian authorities to mount a serious, transparent 
investigation into this case as well as the cases of other murdered 
journalists.
  Since 1998, 11 journalists have been killed in Ukraine and 48 
severely injured in unexplained attacks, according to Reporters Without 
Borders. Over the last year, several international bodies have called 
on Ukrainian authorities to launch a fresh investigation into the 
disappearance and death of Mr. Gongadze and other journalists and to 
allow for an independent investigation or to set up a new independent 
commission of inquiry comprised of international investigators. I also 
hope that the newly elected Ukrainian parliament will take aggressive 
action in encouraging governmental accountability for solving the 
murder and bringing the perpetrators to justice.
  Mr. Speaker, on March 31, Ukraine held parliamentary elections. 
Despite governmental interference in the campaign and abuse of state 
resources, the Ukrainian electorate showed a strong independent streak 
with a strong pro-democratic, pro-European orientation. A substantial 
portion of the Ukrainian people clearly want change--they want to live 
in a country where democracy and human rights are honored and where the 
rule of law prevails.
  The United States remains committed to encouraging these yearnings. 
The U. S. Government is the largest bilateral donor in Ukraine, and 
American companies still are the largest investors in Ukraine. We are 
deeply engaged with Ukraine in military and security issues, 
educational exchanges, small business, agriculture, energy, and the 
development of civil society. American engagement with Ukraine is a 
testament to the importance that we attach to U.S.--Ukraine relations. 
However, the level of U.S. engagement is increasingly being questioned, 
in part because of the obstructionist actions of the authorities 
concerning the Gongadze case, the curtailing of media freedoms, the 
persistent debilitating problem of corruption and, most recently, 
troubling allegations that President Kuchma may have authorized the 
clandestine sale of the Kolchuga radar system to Iraq in violation of 
LJN sanctions.
  Mr. Speaker, as Co-Chairman of the Helsinki Commission, I once again 
urge in the strongest possible terms Ukrainian authorities to take 
seriously the concerns regarding the circumstances that led to the 
Gongadze murder and the subsequent investigation. His widow, young 
children, and mother deserve better. The Ukrainian people deserve 
better.

                          ____________________