Former Ukrainian President Yanukovych Charged With High Treason

Viktor Yanukovych, former President of Ukraine (2010-2014)

Former Ukrainian President Viktor Yanukovych was charged with high treason on November 28, during his voluntary appearance by video in a trial of five riot police accused of shooting protesters in the 2014 pro-EU Euromaidan protests.

Yanukovych, living in exile in the Russian city of Rostov-on-Don, was testifying on behalf of the defendants charged with the shootings. Ukraine’s Prosecutor General, Yuriy Lutsenko, interrupted the proceedings to read the charges to Yanukovych, saying, "I inform you, Viktor Fedorovych Yanukovych, that you are suspected of treason, aiding members of the authorities of the Russian Federation in deliberate acts committed to change the territory and the state border of Ukraine…”

The sentiment that Yanukovych encouraged Russian forces to intervene in Ukraine, particularly in Crimea, has existed since March 2014, when Russian UN envoy Vitaly Churkin told the UN Security Council that Yanukovych wrote a letter to Russian President Vladimir Putin. In an unofficial translation of the letter, Yanukovych said, “I appeal to the President of Russia Vladimir V. Putin to use the armed forces of the Russian Federation to re-establish the rule of law, peace, order, stability and to protect the people of Ukraine.”

The suggestion of such a letter, however, was not enough to bring charges against Ukraine’s former leader. The Ukrainian government does not have the original letter, and, without a confession from either President Putin or Yanukovych, lacks grounds to prosecute the case.

During a press conference on November 25, Yanukovych stated that “[t]his document indeed existed. There was an emotional decision to somehow influence the offensive of illegal armed formations, [to stop] violence in Donbas….”

After an official investigation to ensure that Yanukovych’s statement was in fact his own and that the statement was accurate, Prosecutor General Lutsenko decided that there were grounds for an indictment. He said,"Why this case was not possible before? Because [Yanukovych], having an outstanding idiocy talent, stated himself at the press conference that he had signed that letter."

Ukraine’s Prosecutor General’s office delivered summons for Yanukovych to be interviewed on December 5 and 9. Due to Yanukovych’s exile, he is unlikely to appear in person.

In 2014, President Petro Poroshenko signed into law amendments to the criminal code that allow for prosecution of crimes to occur in absentia; this was in no small part directed at Yanukovych and may be used in the case in question.