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Truth Hounds’ position on Draft Law No. 12414

Truth Hounds’ position on Draft Law No. 12414

At Truth Hounds, we have niche expertise in investigating international crimes. This work is loosely related at best to the fight against corruption and the development of anti-corruption architecture. However, yesterday’s hasty adoption of legislation that undermines the independence of Ukraine’s anti-corruption institutions, the NABU and the SAPO, leaves us no choice but to speak out, both as citizens and professionals.

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Despite criticism that is entirely legitimate at times, the NABU, the SAPO, and the HACC symbolised the potential for systemic change and served as tools to step away from the opaque practices shaped by vested interests in the public and business sectors. This vision inspired our team to dedicate itself to uncovering the truth about international crimes committed during Russia’s war against Ukraine. We believed that truth holds particular value in a country striving towards democratisation and the development of people-centred institutions.

Since the start of the full-scale invasion, Ukrainians have been united not only by a shared response to the injustice of aggression and a desire to contribute to the defence of their country in every way possible. A significant motivator in resisting aggression and working to document international crimes has been trust in the state and its representatives. This trust was built on the understanding that, under the extreme conditions of war, the interests of the state and society aligned. These shared interests included preventing the seizure of Ukrainian territory – something which, as many investigations have shown, is inevitably followed by large-scale human rights violations. They also reflected the aspiration to see Ukraine as a prosperous and corruption-resistant European country.

Trust between the state and society enabled victims of international crimes to share information about the situation in the occupied territories without hesitation. It enabled civil society to invest enormous resources in supporting various state bodies, particularly in investigations of international crimes. There was a shared sense of partnership and progress towards a common goal.

Given the nature of the decision-making process and the implications of stripping the NABU and the SAPO of their independence, civil society can hardly be driven to offer the same level of support and engagement. 

At a time when unity and mutual support are crucial for survival and resistance, it becomes increasingly difficult to expect witnesses and victims of international crimes to associate Ukrainian institutions with the pursuit of justice.

We consider the adoption and signing of Draft Law No. 12414 unacceptable and call for an immediate halt to the authoritarian drift in Ukrainian legislative initiatives, which undermines and devalues democratic processes.