On November, 2022 our Association informed authorised authorities of Germany, Baden-Baden State Government and Municipal Council of Baden-Baden regarding activities of the German citizen, Christian Frietsch, the redactor of media “Goodnews4 Baden-Baden” visited illegally the Russia-occupied Crimea, including Yalta town, in November, 2022.
During such visit, broadly reflected in the Russia-controlled fake and propagandistic “official media” Mr. Frietsch met with so-called “head of Yalta administration” Yanina Pavlenko and with so-called “head of city council” Constantin Shymonovskyy.
During that visit Mr. Frietsch also made some illegal statements, de-facto supporting the attempted annexation of the Crimea by Russia and he opened the provocative public exhibition with illegal provocative name «30 years of friendship between Yalta and Baden-Baden. Building bridges of Friendship between Russia and Europe».
Later, as it was reported by regional German publication “Schwäbische Zeitung”, the resort of Baden-Baden, has suspended friendship agreements concluded in 2013 with Sochi and Russia-occupied Yalta due to the war unleashed by Russia against Ukraine.
On 15th of May, 2023 our Association got email allegedly from “Nadja Milke, Aktuelle Redaktion goodnews4.de Mitglied der Landespressekonferenz Baden-Württemberg”.
This email declared that allegedly “this decision by the city of Baden-Baden to suspend the partnerships with Yalta and Sochi is not new. The partnership with Sochi has been suspended since March 2022. The partnership with Yalta has been suspended since 2014”.
Also this email asked our Association to “answer the following questions for the reporting of our newspaper”, here are its full text as they were written:
“1. Like other German journalists, Christian Frietsch stayed in Crimea after the annexation in 2014. According to your legal opinion, which foreign journalists are allowed to stay and report in Crimea?
2. According to an exchange of letters available to our editors between your organization and a Baden-Baden city councilor who is also an employee of the German public broadcaster, this was the trigger for your letter of November 12, 2022. The German public broadcasters also report from Crimea. Which Ukrainian authority decides on legal and illegal trips by German journalists to Crimea?
3. You claim “Frietsch worked for money of the Russian special services”. This claim is wrong. What inclined you to spread such defamation?
4. From our point of view, you are endangering the sympathies of the Ukrainian people in Germany with such public relations work, and you are acting with the same means that you accuse the Russian authorities of. On what behalf does your association act?”
First of all it should be mentioned that so “touching concern” of the editors of alleged “Aktuelle Redaktion goodnews4.de” for their own journalist’s problems reminds old proverb “Nemo judex in propria causa”.
Also hearing now from You that Baden-Baden’s “partnership with Yalta has been suspended since 2014”, we do remember that some month ago in Russia-occupied Yalta one German citizen declared absolutely other thesis, as someone’s best friends’ folk proverb says “Врет – что помелом метет”.
ARC send answers to question raised, as to “Nadja Milke, Aktuelle Redaktion goodnews4.de Mitglied der Landespressekonferenz Baden-Württemberg” on emails pointed, so to the authorised authorities of Germany, Baden-Baden State Government and Municipal Council of Baden-Baden.
Also our answers will be published on our Association’s sources.
1. Regarding issues of legality of illegality of presence the journalists from other states, than Ukraine, in the Russia-occupied Crimea, informing You, that the relevant Ukrainian national legal mechanism was established in 2014 by Law “On Ensuring Rights and Freedoms of Citizens and Legal Regime in Temporarily Occupied Territory of Ukraine” № 1207-VII with next amendments.
Regarding its article 10, parts 1, 2, 3, 6, foreigners, who are in the territory of Ukraine on legal grounds, enter the temporarily occupied territory and leave it with foreigner’s passport document and a special permit.
Such foreigners may enter the temporarily occupied territory and leave it through entry-exit checkpoints where temporary border control is carried out, and before 24th February, 2022 there was three such check-points between Ukraine’s mainland and Russia-occupied Crimea – “Chongar”, “Chaplynka” and “Kalanchak”.
In April, 2022 after Russia invaded from Crimea to Kherson Region and aggressor took under its control above-pointed check-points Law № 2217-IX amended Law № 1207-VII and allowed to enter the temporarily occupied territory across the contact line – through humanitarian corridors organized by representatives of state bodies, as well as in any other way available to them, but foreigners also need for it foreigner’s passport document and a special permit.
Law № 2217-IX also added that in the case of hostilities in the occupied territory, the entry into the temporarily occupied territory due to the threat to their lives and health is limited to the period of hostilities.
Law № 2217-IX points that the procedure for entry of foreigners to and from the temporarily occupied territory must be established by the Cabinet of Ministers of Ukraine.
So Cabinet of Ministers of Ukraine approved by its resolution of June 4, 2015 № 367 Procedure for Entering and Leaving the Temporarily Occupied Territory of Ukraine, its article 21, point 7 establish that above-pointed special permit for foreigners is issued in case of the need to carry out journalistic activities, upon request or approval of the Ministry of Reintegration of Ukraine (before June 2020 such Ministry of Informational Policy was authorized to issue such requests or approvals).
After such request or approval of the Ministry, foreign journalist must ask for special permit territorial body of the State Migration Service of Ukraine.
Enter to Russia-occupied Crimea without special permit or via illegal air flight airport in Simferopol or via “Kerch ferry” or via “Crimean Bridge” is totally illegal.
This procedures and bans were well-known for foreigners, including journalists since 2015. Information regarding ways of getting special permits was published by Ministry of Foreign Affairs of Ukraine, State Migration Service of Ukraine and is available in Ukrainian official digital services.
2. Regarding decisions of legality of illegality of journalists’ trips to the Russia-occupied Crimea first is should be mentioned that it is regulated by article 331-1 of Criminal Code of Ukraine, that establish responsibility for violation of the procedure for entering and leaving the temporarily occupied territory of Ukraine with the aim of harming the interests of the state and in article 204-2 of Codes of Administrative Delicts of Ukraine, for violation of the procedure for entering and leaving the temporarily occupied territory of Ukraine. Bodies of National Police of Ukraine and State Board Guard Service of Ukraine are responsible for investigation of such cases and Ukrainian courts establish decisions on form of punishment.
But, regarding Mr. Frietsch’s activities in the Crimea in 2022, they can’t be determined just as journalistic ones, as he not only published texts about the peninsula but also took part, together with so-called “head of Yalta administration” Yanina Pavlenko and with so-called “head of city council” Constantin Shymonovskyy in opening the provocative public exhibition with illegal provocative name «30 years of friendship between Yalta and Baden-Baden. Building bridges of Friendship between Russia and Europe».
As Yalta is determined criminally as allegedly Russia even in the name of provocative public exhibition, such activities may be reflected in articles 111-1, part 6 and 111-2, part 1 of Criminal Code of Ukraine, for carrying out information activities in cooperation with the aggressor state and its occupying administration, aimed at supporting the aggressor state, its occupying administration or armed formations or at its avoidance of responsibility for armed aggression against Ukraine, active participation in such activities and for deliberate actions aimed at helping (assisting) the aggressor state and its occupation administration, committed by a foreigner, with the exception of citizens of the aggressor state, with the aim of harming Ukraine by implementing or supporting the decisions or actions of the aggressor state and its occupying administration. Bodies of Security Service of Ukraine are responsible for investigation of such cases.
Also it should be pointed that so-called “head of Yalta administration” Yanina Pavlenko and so-called “head of city council” Constantin Shymonovskyy are not only participants of Russian aggression and occupation of Crimea, they are directly participating in acts of Russia’ state terrorism, racial discrimination, war crimes and genocide against Ukrainian people.
Such war crimes are foreseen by articles of Roma Statute:
genocide in form of forcibly transferring children of the group to another group (article 6-e and also article 2 of Un Convention on the Prevention and Punishment of the Crime of Genocide);
war crimes in form of grave breaches of the Geneva Conventions of 12 August 1949 (article 8-a, points iv and vii): extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; unlawful deportation;
war crimes in form of other serious violations of the laws and customs applicable in international armed conflict (article 8-b, points viii, xiii and xiv): the transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
destroying or seizing the enemy’s property unless such destruction or seizure be imperatively demanded by the necessities of war; declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party.
Informational support of international crimes, committed directly by Yanina Pavlenko and Constantin Shymonovskyy may be qualified using points “c” and “d” of Roma Statute’s article 25, part 3.
It establish that in accordance with Roma Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the International Criminal Court if that person: for the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission; or in any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose.
3. Regarding value judgment, done in framework of part 1 of article 30 of Law of Ukraine “On information” 1992 № 2657-XII, that Mr. Frietsch worked for money of the Russian special services reminding You that after 2014 Russia-controlled so-called “administration” in Crimea do not commit any common action with any citizen of third country if such citizen is not agent of Russian special services – military intelligence, service of external intelligence or federal security service.
As it pointed before Mr. Frietsch not only interviewed Yanina Pavlenko and Constantin Shymonovskyy but also took part, together with them in opening the provocative public exhibition with illegal provocative name «30 years of friendship between Yalta and Baden-Baden. Building bridges of Friendship between Russia and Europe».
And speaking more formally, only Russian special services may organize in Russia-occupied Crimea any public exhibition, especially with participation of third countries’ representatives, as in happened on event with illegal provocative name «30 years of friendship between Yalta and Baden-Baden.
Building bridges of Friendship between Russia and Europe». Mr. Frietsch used such exhibition for own PR and media-activity and he also used this provocative public exhibition for placing objects (paintings, pictures) that he owns; obviously he did not pay for such placing – so it was done for costs of Russian special services. Also the sources of income for Mr. Frietsch’s illegal road expenses and accommodation in Russia-occupied Crimea must be researched.
4. Regarding our Association’s activities we may remind You, that Association of Reintegration of Crimea is a network of organizations, activists and structures from different countries that aims to resolve the Crimean issue fairly and sustainably.
In Ukraine our Association was legalized in accordance with the legislation of Ukraine, without acquiring the status of a legal entity, by the decision of the Central Interregional Department of the Ministry of Justice of Ukraine dated November 4, 2020. Experts of our Association acts as on Ukraine-controlled territory so in third countries and in Russia-occupied territories.
We sure that hypothetic informing You as allegedly “Aktuelle Redaktion goodnews4.de” on personal data, especially taking into account the “circle of communication” of Mr. Frietsch in the Crimea, will create real risks for rights of Association’s experts, guaranteed by articles 2 and 3 of European Convention of Human Rights.
