Undercover operation conducted by the NABU and the SAPO was failed due to the lack of the right of autonomous wiretapping

30.11.2017 10:11

The Prosecutor General`s Office of Ukraine (GPO) and the Security Service of Ukraine (SSU) illegally interfered with an undercover special operation of the National Anti-Corruption Bureau aimed at identifying members of an organized criminal group in the State Migration Service of Ukraine.

On November 29, 2017, during documenting one of the episodes with the participation of the First Deputy Head of the State Migration Service of Ukraine (hereinafter - SMSU), the SSU officers under the procedural guidance of the prosecutors of the GPO illegally detained an undercover agent of the National Anti-Corruption Bureau of Ukraine. According to the NABU`s information, the undercover agent is accused of a provocation of bribery.

The Bureau considers the abovementioned actions to be a planned sabotage against the employees of the NABU and the Specialized Anti-Corruption Prosecutor's Office (SAPO) conducted by the Security Service of Ukraine and sanctioned by the Prosecutor General of Ukraine. The SSU officials using data that has become known during the execution of official duties (the conduct of the wiretapping within the NABU`s investigations) allegedly disclosed this data to one of the objects of undercover operation and also recruited this person for further illegal pressure and prosecution of the NABU’s employees.

The NABU and the SAPO repeatedly warned about the risks for undercover operations due to the fact that the NABU has no authority for autonomous wiretapping and conducts wiretapping on the basis of the Security Service of Ukraine only.

According to the NABU`s information, currently the detention and arrest of three more undercover agents of the NABU, the Head of the Second Unit of the Detectives and the executives of the Specialized Anti-Corruption Prosecutor's Office are planned.

In addition, since the evening of November 29, 2017, NABU cannot get in touch with 7 employees, which were involved in the undercover operation of documenting the episode with the participation of the First Deputy of the Head of the SMSU. Currently their location is unknown.

Statement published at the website of the State Migration Service of Ukraine in the evening on November 29, 2017, saying that the NABU agent allegedly had offered "large amounts of bribes" to the First Deputy of the SMSU Head for several months is not true. According to the materials of the criminal proceeding, the official of the SMSU herself had repeatedly demanded a "promotion" in the amount of 30 thousand USD. Firstly, her demands were related to a positive decision on the issue of Ukrainian citizenship for the foreigner, and subsequently – to the provision of a temporary residence permit on the territory of Ukraine.

Since the beginning of the undercover operation in April 2017, a number of facts of illegal activities of the existing and former employees of the central departments and territorial offices of the SMSU have been documented.

We assure that the NABU Detectives have never provoked any of the officials of the SMSU for receiving bribe.

In addition, the NABU Director and the Head of the SAPO planned to have a meeting with the Prosecutor General of Ukraine on the morning of November 30, 2017. Currently, we believe that Yuriy Lutsenko was not fully aware of the details of the undercover operation when he sanctioned the actions of the prosecutors of the GPO and the SSU officials against the NABU Detectives.