Austrian prosecutor explains detention of Ukrainian journalist Tkach
The Vienna prosecutor's office has for the first time explained in detail the reasons for the detention of Ukrainian investigative journalist Mykhailo Tkach and cameraman Yaroslav Bondarenko on suspicion of espionage. Austrian law enforcement claims that the arrest decision was linked to an investigation into alleged intelligence activity, not the professional work of the journalists.
Austrian newspaper Der Standard reported this on Monday, October 12, citing an official statement from the Vienna prosecutor's office.
According to investigators, the grounds for detention were witness statements who noticed three men observing the same object during the same time period. Law enforcement hypothesized that the men might have been acting together.
Why Austrian police detained journalists
The Vienna prosecutor's office said that the initial investigation concerned two Ukrainian citizens detained on October 5 on suspicion of espionage harmful to Austria.
During the investigation, suspicions arose regarding a third person. Investigators had witness statements according to which three men observed the same object during the same period using similar methods.
Based on these circumstances, the prosecutor's office assumed that all three might have belonged to the same group.
After receiving court authorization, law enforcement ordered the detention of the third alleged participant. According to media reports, this was Mykhailo Tkach.
At the moment of detention, another person was in the journalist's car — cameraman Yaroslav Bondarenko. Since the police did not know his identity and assumed possible involvement in the activity under investigation, he was also detained.
The prosecutor's office emphasized that at the time of the operation, law enforcement did not know that the detainees were a Ukrainian investigative journalist and a cameraman.
"The detentions were in no way connected to the professional activities of these two men," — the prosecutor's office statement said.
Suspicions against the journalists did not lead to charges
During questioning, one of the detainees confirmed that he had indeed been observing a certain object.
However, the investigation could not establish his involvement in the alleged intelligence activity of the two Ukrainians detained earlier.
As a result, the prosecutor's office ordered the release of Tkach and Bondarenko.
Both journalists were released on October 9 without charges. The criminal investigation regarding the other two Ukrainian citizens continues.
According to Austrian public broadcaster ORF, they are held in pre-trial detention until October 21. Investigators suspect them of carrying out secret intelligence activities harmful to Austria under Article 256 of the criminal code.
Both suspects deny the charges against them. Austrian authorities do not disclose their identities or details of the alleged activity.
Tkach criticized the actions of Austrian law enforcement
Mykhailo Tkach and Yaroslav Bondarenko were detained on October 8 in Vienna while carrying out an assignment for Ukrainska Pravda.
The journalists were investigating the whereabouts of former Ukrainian prosecutor general Ruslan Kravchenko, who, according to the publication, moved to Austria.
Tkach said that during the detention, armed masked police officers smashed the car windows, pointed weapons at the journalists, and forced them out of the car.
According to the journalist, he repeatedly informed the police of his profession, but they did not react to his explanations.
Cameraman Yaroslav Bondarenko sustained injuries from broken car glass and required medical assistance.
Tkach also said that during the questioning he was shown documents containing suspicions of espionage for Ukrainian military intelligence, participation in a criminal organization, and activities harmful to Austria.
The journalist rejected these suspicions and called the incident a serious misunderstanding.
Austrian interior minister defended police actions
Austrian Interior Minister Gerhard Karner defended the law enforcement officers involved in the operation on October 12.
In a radio program on Ö1, he said that detention of suspects is always a complicated situation, but he sees no reason to doubt the police adhered to the principle of proportionality.
At the same time, the use of force has caused concern among journalistic organizations.
The Association of European Journalists (AEJ) demanded a comprehensive investigation into the actions of Austrian law enforcement.
The organization emphasized that the journalistic profession does not exempt a person from lawful criminal prosecution. However media representatives must be able to conduct investigations in the public interest without intimidation and unjustified use of force.
The Committee to Protect Journalists (CPJ) also called on Austrian authorities to provide thorough explanations of the circumstances of the detention and use of force against the Ukrainian journalists.
The Ukrainian embassy in Austria earlier appealed to the local authorities demanding clarification of the legal grounds for the detention of Tkach and Bondarenko.
Thus, the Vienna prosecutor's office insists that the detention was not directed against journalistic activity. However questions regarding the justification of the use of force and the circumstances of the police operation remain subject to public criticism.
Previously, "Kurs Ukrainy" reported on the detention of four Ukrainians in Vienna, two of whom remain in custody on suspicion of espionage.
Based on materials from: Der Standard, Heute citing the Vienna prosecutor's office, ORF, Association of European Journalists, Committee to Protect Journalists.