{"id":133080,"date":"2024-06-11T16:38:54","date_gmt":"2024-06-11T14:38:54","guid":{"rendered":"https:\/\/www.justiceinfo.net\/?p=133080"},"modified":"2024-06-11T17:46:01","modified_gmt":"2024-06-11T15:46:01","slug":"ukraine-former-kgb-officer-guilty-high-treason","status":"publish","type":"post","link":"https:\/\/www.justiceinfo.net\/en\/133080-ukraine-former-kgb-officer-guilty-high-treason.html","title":{"rendered":"Kostornyi, the former KGB officer found guilty of high treason"},"content":{"rendered":"\n

Over 60 dead and 160 wounded. Ukrainian and foreign combatants. The missile attack on a Ukrainian military training centre in Yavoriv, western Ukraine, on March 13, 2022, was widely reported at the start of the all-out invasion. It was a 74-year-old former KGB officer, Oleksandr Kostornyi, who helped guide the strike, the Lviv District Court has recently ruled - sentencing him to 15 years of prison for high treason.<\/strong><\/strong><\/p>\n\n\n\n\n\n\n\n

According to the investigators, in the first days of Russia\u2019s full-scale invasion, on March 4, 2022, Ukrainian citizen Oleksandr Kostornyi sent an image of the grounds of the International Center for Peacekeeping and Security, better known in Ukraine as the Yavoriv military training facility, to his friend Oleksandr Svystunov. At Svystunov\u2019s request, Kostornyi forwarded the message to the email address of a certain Nikolay Vodolazov, who was identified as an FSB [Russian intelligence services] agent Yuri Vodolazkyi.<\/p>\n\n\n\n

A former Lviv resident, Svystunov is now holding Russian citizenship and has been living in the annexed Crimea since 2014. He is one of the founders of the political party Russian Bloc and of an organisation called Russian Movement of Ukraine. Since 2017, the National Security and Defence Council of Ukraine imposed sanctions on Svystunov, including a ban on his entry to Ukraine.<\/p>\n\n\n\n

On March 13, 2022, Russia fired missiles at the Yavoriv military base<\/a>, located 30 kilometres from Lviv, near the border of Ukraine with Poland, striking the barracks where the soldiers were sleeping. 61 people were killed and 160 others were injured.<\/p>\n\n\n\n

A Russia-controlled network of individuals<\/h2>\n\n\n\n

Aged 74, Kostornyi is a native of Lviv, a former KGB officer, head of the Russian Pushkin Society, and co-founder and chairman of several other organisations. He is married and has four daughters and six grandchildren.<\/p>\n\n\n\n

According to the investigation, he belonged to a Russia-controlled network of individuals<\/a> who, under the guise of public activity, were working on destabilising Ukraine. Among his contacts, it found employees of the Federal Agency for the Commonwealth of Independent States Rossotrudnichestvo<\/a>, of the Russian Embassy in Kyiv, of the Russian Ministry of Foreign Affairs, former KGB officers, as well as journalists of Russian channels, etc.<\/p>\n\n\n\n

Until 1990, Kostornyi served as a major in the Department of External Surveillance in the State Security Committee of the former USSR (KGB). He graduated from the KGB Higher Red Banner School in Moscow. From 2002 till 2010, Kostornyi ran for the Verkhovna Rada of Ukraine on behalf of pro-Russian parties \u2013 the Progressive Socialist Party of Ukraine, Natalia Vitrenko\u2019s People\u2019s Opposition Bloc and the Communist Party of Ukraine.<\/p>\n\n\n\n

At the time, in his correspondence with pro-Russian activists, Kostornyi wrote, according to the investigation: \u201cThe Nazi successors are in power in Ukraine\u201d, <\/em>\u201cthe level of fascism in western Ukraine is outrageous\u201d and talked about \u201crubbing the faces of the modern-day Ukrainians across the floor.\u201d <\/em>On May 9, 2015, he wore a St George\u2019s ribbon while visiting<\/a> the Hill of Glory in Lviv to lay flowers on the graves of Soviet soldiers. On the evening of the same day, Kostornyi appeared on Rossiya-1 TV channel, complaining that the \u201cNazis\u201d had torn his St George\u2019s ribbon.<\/p>\n\n\n\n

Organizing protests in Western Ukraine<\/h2>\n\n\n\n

The investigation also established that back in 2015, Svystunov was giving Kostornyi tasks for organising protests in western Ukraine, where the following slogan was heard: \u201cPoroshenko<\/a> to resign! Dismiss the government!\u201d and other similar messages. For each protester brought in, organisers were promised a payment of 50-100 hryvnias. To this, Kostornyi explained that Svystunov was suggesting protests to address human rights violations. He added that they were held with the permission of the authorities and that the organisations he represented were officially registered and not accomplishing anything against Ukraine.<\/p>\n\n\n\n

The man considers himself a \u201ccommitted human rights activist with 30 years of experience\u201d. He is one of the founders of the International Society for Human Rights, whose badge he wore on his jacket lapel whenever he appeared in the courtroom. Defence lawyer Yuriy Paley also stated in court that his client lived a \u201cnormal public life\u201d and, for instance, participated in the drafting of the law on national minorities.<\/p>\n\n\n\n

The media soon referred to him as a \u201cstrike corrector\u201d<\/h2>\n\n\n\n

The indictment against Kostornyi was submitted to the court at the end of September 2022. However, the case began to be heard on the merits only in January 2023<\/a>. Long before the verdict, the media began to call the accused a \u201cstrike corrector\u201d, and relatives of those killed and reported missing at the Yavoriv military base attended court hearings, expecting a punishment.<\/p>\n\n\n\n

Kostornyi burdened the court with numerous motions. He complained about the bias of the press and accused the court of indifference. \u201cAm I actually supposed to die in a cell?! Are you aware that I\u2019m in a hospital ward right now, after one of the suicidal prisoners assaulted me with his fists?\u201d<\/strong><\/p>\n\n\n\n

Unable to get what he wanted, Kostornyi yelled, interrupted Judge Viktor Romaniuk, argued in a raised voice and thus received warnings that he would be removed from the courtroom. He also demanded not to allow journalists to take photos and videos of the court hearing. \u201cThose filming do not report accurately on the course of the court hearing, do not report the opinions I express [...] I did not commit that crime. I suggested investigating whether it was even possible to do what I was charged with. This was not mentioned anywhere. The information that I allegedly guided missile strikes is false.\u201d<\/p>\n\n\n\n

Defence lawyer Paley spoke of \u201cleverage over the media\u201d and promised that \u201ccivil lawsuits will be filed.\u201d<\/p>\n\n\n\n

\"Yuriy
For Yuriy Paley, the defense lawyer, since his client was not in direct contact with the enemy, there was no question of high treason. Photo: \u00a9 Roman Balyk \/ Sudovyi Reporter<\/figcaption><\/figure>\n\n\n\n

\u201cIt wasn\u2019t a map I photographed\u201d<\/h2>\n\n\n\n

The accused wanted the trial to be closed to the public, declaring that he would reveal \u201csecret data\u201d from the case regarding the location of military sites at the Yavoriv facility. But a couple of minutes later, he said that in fact, the prosecutor and investigators had already disclosed everything that was classified in open hearings \u2013 and that they were now correctors of Russian missiles, not him. \u201cI have not visited the Yavoriv training facility since 2013, which can be proved by the examination of my phone\u2019s movements,\u201d Kostornyi stated.<\/p>\n\n\n\n

And in fact, the mobile phone data showed that on July 19, 2021, Kostornyi visited the Starychi hunting and fishing grounds, located near the military base, where he took a picture of a map on the wall. It was this image that he handed over to his Russian interlocutor in early March 2022. Which he acknowledged. \u201cI have been a member of hunting and fishing associations for many years. These associations allow people over 70 to use their services free of charge. I went to Starychi to renew my membership card,\u201d he explained. \u201cIt is clear that to get to the lakes where you can fish free of charge, you need to know how to get there. It was for this purpose that I photographed the chart on the wall.\u201d<\/p>\n\n\n\n

\u2013 What was the purpose of sending it to them [Svystunov and Vodolazov]? prosecutor Andriy Nikerui asked.<\/p>\n\n\n\n

\u2013 For no particular purpose. This is a common communication between people who use the services of the hunting and fishing sector.<\/p>\n\n\n\n

\u2013 Have you sent such charts to everyone?<\/p>\n\n\n\n

\u2013 Well, more than once.<\/p>\n\n\n\n

The defence argued that there was no document that would certify that the map-chart of the Starychi hunting and fishing grounds was classified or prohibited from being distributed. The lawyer said he personally visited the premises of the estate and that the map was displayed on the wall in the corridor and was openly accessible.<\/p>\n\n\n\n

\u201cFalse! False! I didn\u2019t write that!\u201d<\/h2>\n\n\n\n

The main evidence was the correspondence and telephone contacts<\/a> of the accused.<\/p>\n\n\n\n

The prosecutor quoted a message identified as coming from the FSB agent Vodolazkyi: \u201cAre there dorms nearby where military instructors live, hotels maybe? Is there any abnormal number of foreigners? Where can iron stuff and foreign mushrooms be? In general, is there more clear information about that area?\u201d According to him, Kostornyi replied to this question by sending the Starychi map, once again, with a mark \u201c3\u201d.<\/p>\n\n\n\n

\u201cYou say it was me who put a mark? Those are your fantasies,\u201d Kostornyi reacted. \u201cThe marks that are there were not made by me. They were made when this chart was given for use to members of the hunting and fishing grounds. It is publicly available and was authorised by the Ministry of Justice of Ukraine back in 2008.\u201d<\/p>\n\n\n\n

\u2013 Later, there are questions: \u2018Where can military instructors live? 3?\u2019 And you answered: \u20184\u2019.<\/p>\n\n\n\n

\u2013 I did not answer.<\/p>\n\n\n\n

\u2013 Later you were asked: \u20183 and 4 are dormitories and places to sleep?\u2019<\/p>\n\n\n\n

\u2013 And what did I answer? Read it! It says that I refused to answer.<\/p>\n\n\n\n

\u2013 No, there is an answer from you: \u2018These are all pictures from 2021. But it is quite possible that these buildings are used for these purposes.\u2019<\/p>\n\n\n\n

\u2013 Yes. It is possible. It\u2019s an assumption, not a statement.<\/p>\n\n\n\n

\u2013 You said that the correspondence was about mushrooms<\/a>, not military dormitories.<\/p>\n\n\n\n

\u2013 I was asked. I didn\u2019t know for what purpose. I answered vaguely.<\/p>\n\n\n\n

\u2013 Weren\u2019t you troubled by the fact that hundreds of missiles were flying towards Ukraine at that time?<\/p>\n\n\n\n

\u2013 Don\u2019t lie! Nothing was flying at that time! The question is deceitful!, Kostornyi shouted.<\/p>\n\n\n\n

\u2013 In March 2022, when Russia launched a full-scale invasion of Ukraine, you wrote in Russian about the facilities where military personnel could live.<\/p>\n\n\n\n

\u2013 False! False! I didn\u2019t write that! These are your thoughts on this matter. If everyone had the opportunity to see these records, there is always \u2018not answering\u2019, \u2018not answering\u2019, \u2018not picking up the phone\u2019...<\/p>\n\n\n\n

\u2013 Explain it to us, if you didn\u2019t write this, then who did? the judge intervened.<\/p>\n\n\n\n

\u2013 Ask the prosecutor, Kostornyi replied.<\/p>\n\n\n\n

\u2013 It\u2019s your phone, not the prosecutor\u2019s.<\/p>\n\n\n\n

\u2013 Your Honour, I would like to draw your attention to the fact that the investigator in charge of the case refused to let me be present during the examination of the phone. In other words, I don\u2019t know what was put in it and how.<\/p>\n\n\n\n

\u2013 Do you have a theory as to who could have carried out this communication, if not you?, the judge asked.<\/p>\n\n\n\n

\u2013 The prosecutor, in my absence. The investigator who had the phone.<\/p>\n\n\n\n

\"Trial
Relatives of servicemen killed or missing from the Yavoriv military base attend court hearings in Lviv, western Ukraine. Photo: \u00a9 Roman Balyk \/ Sudovyi Reporter<\/figcaption><\/figure>\n\n\n\n

\u201cYour version of events changes every five minutes, Kostornyi!\u201d <\/h2>\n\n\n\n

Kostornyi believes that the prosecutor is trying to make a scapegoat out of him and protect the administration of the training facility. The air raid alert began at 3 a.m., he said, but the warning systems at the training facility did not function and the military remained asleep in the buildings. Therefore, people\u2019s deaths are allegedly the administration\u2019s responsibility.<\/p>\n\n\n\n

\u201cThese missiles are not launched according to the charts I was using and sending. They were using American satellites for targeting. They need to have images from space,\u201d the accused said. Meanwhile, the case files do not contain any expert conclusions on how such missiles are targeted. And Kostornyi often would contradict himself.<\/p>\n\n\n\n

He confirmed that he was a board member of a veterans\u2019 organisation in Lviv and that he was distributing humanitarian aid. \u201cI would travel to districts around Lviv at my own expense, collect food and deliver it to elderly people who were 80 or older,\u201d he said.<\/p>\n\n\n\n

\u2013 Please specify for how long you were doing this? the judge asked.<\/p>\n\n\n\n

\u2013 For many years. I was engaged in human rights activities for 30 years.<\/p>\n\n\n\n

\u2013 When the prosecutor asked you a question, you said that you had not travelled outside Lviv since 2013. You only went to Starychi once... And now you say that you have been travelling to all the villages for 30 years and distributing humanitarian aid.<\/p>\n\n\n\n

\u2013 That\u2019s right.<\/p>\n\n\n\n

\u2013 You said five minutes ago that you hadn\u2019t travelled outside Lviv since 2013. Was it a lie?<\/p>\n\n\n\n

\u2013 I meant the area of the training facility.<\/p>\n\n\n\n

\u2013 Your version of events changes every five minutes, Kostornyi!<\/p>\n\n\n\n

For the Defense, there is no case of high treason<\/h2>\n\n\n\n

The defence lawyer believes that in the case of high treason, Kostornyi\u2019s interlocutor should have been a state authorities\u2019 representative of the enemy country. \u201cSvystunov may or may not be under sanctions. I will not even verify this. But he is a citizen of Ukraine, and it has not been proven that he is a representative of the enemy,\u201d Paley said.<\/p>\n\n\n\n

Kostornyi added that if he is guilty of correcting the missile attack, he should have been charged with causing death and material damage. But the indictment does not include this. \u201cIf I am guilty of causing the deaths, I can only express my condolences to the families of the victims. But the prosecutor doesn\u2019t consider me guilty, because he writes: there are no victims in the criminal proceedings. [...] I really have nothing to do with that disaster. Then what am I being accused of? That I took a picture of the location of a hunting and fishing grounds, which is available to all citizens of Ukraine?\u201d The accused wrapped up his closing statement in Russian: \u201cSooner or later, conscience awakens. I hope to live long enough to see the consequences of the conscience waking up in those present here. Thank you!\u201d<\/p>\n\n\n\n

Kostornyi was sentenced to the maximum sentence for treason, 15 years in prison. He could not have been sentenced to life imprisonment even if the charges were more severe, as the law does not allow it to be imposed on people who are over 65 years old.<\/p>\n\n\n\n

<\/div>\n\n\n\n
\n\n\n\n
<\/div>\n\n\n\n

This report is part of our coverage of war crimes justice produced in partnership with Ukrainian journalists. A first version of this article was published on the \"Sudovyi Reporter<\/a>\" website.<\/em><\/em><\/p>\n\n\n

\r\n\t\t\t\t\t\r\n\t\t\t
Recommended reading<\/div>\r\n\t\t\t
\"Ukraine<\/div><\/a>\r\n\t\t\t\r\n\t\t\tUkraine: was a former KGB officer helping the enemy or picking mushrooms?\r\n\t\t<\/a>\r\n\t\t\r\n\t\t\t\t<\/div>\n","protected":false},"excerpt":{"rendered":"

Over 60 dead and 160 wounded. Ukrainian and foreign combatants. The missile attack on a Ukrainian military training centre in Yavoriv, western Ukraine, on March 13, 2022, was widely reported at the start of the all-out invasion. It was a 74-year-old former KGB officer, Oleksandr Kostornyi, who helped guide the strike, the Lviv District Court […]<\/p>\n","protected":false},"author":93,"featured_media":133060,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[566,3290],"tags":[3745],"ji_location":[2533],"class_list":["post-133080","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-national-tribunals","category-ukraine-by-our-local-correspondents","tag-treason","ji_location-ukraine"],"acf":[],"yoast_head":"\nUkraine: treason by a former KGB officer<\/title>\n<meta name=\"description\" content=\"In 2022, 74-year-old former KGB officer Oleksandr Kostornyi allegedly helped guide Russian missiles into a Ukrainian military training centre. 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