Exclusive: Lawyer of Ukrainian Soldier Accused of Killing Italian Journalist Speaks

When he left Italy in 2013 to take part in the protests against former Ukrainian president Viktor Yanukovych, Vitaliy Markiv could not have predicted where he would end up four years later. After Russia annexed the Crimean peninsula and invaded Ukraine’s eastern Donbas region, the dual Italian-Ukrainian citizen joined the military volunteers to defend the country of his birth.

Today, Markiv is a long way from the battlefield of eastern Ukraine. Instead, he is awaiting trial in in a Pavia, Italy jail for the murder of Italian photographer Andrea Rocchelli. Rocchelli died along with several other journalists in 2014, when their automobile came under mortar shelling in the occupied Donbas — and Italy believes Markiv was involved.

Photo credit: Giornale L'Irpinia

Markiv was detained on June 30, when he returned to Italy for the first time in three years. News of the arrest caught the Ukrainian State Prosecutor’s office off guard, as the Italians had not informed Ukraine about Markiv’s detention.

Last week, the Italian prosecution questioned the Ukrainian soldier for six hours. During the questioning, Markiv argued that he was not guilty and was in no way involved in Rocchelli’s death, his lawyer, Raffaele della Valle, told Hromadske.

The prosecution alleges that Markiv commanded a battalion and could give orders to fire mortars. But Markiv says he was only an ordinary soldier who initially served as a volunteer fighter, before joining the National Guard in March 2014. He could not give orders and never had access to mortars.

During the incident in question, Markiv’s only weapon was a machine gun, which he says could not have reached Rocchelli. In fact, from his position, Markiv could never even see the place where Rocchelli was killed.

Photo credit: Giornale L'Irpinia

“Markiv also said that both sides of the conflict were firing mortar rounds,” della Valle said. “ It’s possible that a mortar round fired by the pro-Russian terrorists who controlled the area could have hit the journalists.”

Hromadske sat down with Raffaele della Valle for an exclusive interview.

What did you, as Markiv’s lawyer, say during the interrogation?

As his lawyer, I asked the state prosecution to submit a formal request [to Ukrainian justice officials] to carry out an international investigation. If they give permission, I will go to Ukraine with the prosecutor and the colonel of the special Carabinieri [Italian military police] operational group, which is carrying out the investigation.

When we see the place where the journalists were killed, I think all the absurdity of these accusations will become clear. The place where the incident occurred is not a football stadium where the fans are only 60-70 meters apart and can throw bottles of Coca-Cola and beer at each other. It’s a warzone, very big and very complex, and I’m convinced that, after we’ve arrived there, the prosecutors and investigators will become convinced that Vitaliy Markin’s testimony is truthful.

Photo credit: Yuriy Kasianov facebook page

I also officially requested for the [Italian] prosecutor, in cooperation with the investigative authorities of Ukraine, to question witnesses. These are people who were with Vitaliy on that day at around 5 p.m. and can confirm that he was truly in a position where he could not hit the journalists with a mortar or a machine gun.

Additionally, I also stated that we reserve the right to present the testimony of other witnesses and provide additional documents. We also plan to question the leadership of the National Guard of Ukraine. We aim to prove that the charges cannot withstand criticism and that Vitaliy Markiv must be freed.

Naturally, this will take a lot of time — the process of submitting these documents to foreign government agencies is complicated. We will only be able to speak of the interim results of the investigation at the end of August — then all the prosecution’s documents will be accessible, along with those collected by us. After that, I hope we will be able to get Vitaliy transferred to house arrest.

When do you think the investigative visit to Ukraine could take place, and with whom would you like to meet?

The prosecutor can reject our request to carry out an international investigation and immediately order the judge to appoint a court date. In that case, we must present all this evidence in the course of the court case.

The prosecutor can also decide that he already has enough materials. But, in our case, there are simply not enough — after all, my client’s testimony contradicts the prosecution’s information.

There is also another possibility: that the prosecutor will close the investigation, but change the accusations against Markiv. For example, from the current accusation of “intentional murder” to “involuntary murder.”

Photo credit: Volodymyr Hontar/UNIAN

Finally, the prosecutor can start the court proceedings and call witnesses, whose names we have provided. In this case, they will have to come testify in Italy in the interests of Vitaliy.

We will learn the decision on our request for an international investigation in 15 to 20 days. If it is affirmative, then we can head to Ukraine in September.

You appealed to Ukrainians to provide information related to Markiv’s case. Did you get much of a response?

Yes, a few people responded to me, and said that they were ready to give testimony. I am now reviewing all these requests to testify.

Who are these people?

I can’t say. It’s an investigative secret. I am reviewing several citizens of Ukraine to determine whether they are reliable sources.  Afterwards, I plan to contact them. I don’t exclude the possibility that, at the end of August, I will go to Ukraine to speak with these people and invite them to Italy.

Has Vitaly Markiv been able to meet with his relatives?

The prosecutor granted his relatives — his father, mother, wife, and sister — the right to visit Vitaliy in jail in Pavia. They have also allowed him to call his family once a week.

What kind of impression did Vitaly make on you?

He really trusts the Italian justice system. During the questioning, the prosecutor demonstrated openness to our arguments. Vitaly looked a bit depressed, but that’s understandable. After all, jail isn’t a five-star hotel. But he tried to hold himself together.

I have visited him four times for the sake of moral support. The Ukrainian consul in Milan waited 6.5 hours in the hot sun just to find out how the questioning went. The Ukrainian consulate cooperates with us very actively. I spoke with the diplomats several days ago, and they are ready to help us contact people in Ukraine and provide all necessary information.

What will happen in the coming days and weeks?

In the coming days, nothing will change. Vitaliy will remain behind bars. If the proseutors agree to carry out the international investigation, then they will send a request to the Ukrainian authorities or will go themselves to Ukraine to question witnesses. These are eight or nine people whose names we have provided to the prosecutor. This will open entirely new possibilities for us as the defense.

Even without this, Vitaliy has a fairly high chance of acquittal. The evidence the prosecutors have is enough for a preliminary conclusion, but it’s not convincing enough for a guilty verdict.

Notably, a court in France archived the the case of a French journalist wounded during this same incident. Their conclusion: The incident occurred during military operations, and it’s impossible to establish the exact circumstances of the events.

And the most important declaration of the French court: It is impossible to prove that any of the soldiers had a clear intention to kill journalists. We’re talking about death in wartime conditions, and definitely not about intentional murder. The charges against Markiv are simply laughable. I believe that we will achieve acquittal.

// By Olga Tokariuk, translated and adapted by Matthew Kupfer

READ MORE: Why A Ukrainian Soldier Is Charged With Killing An Italian Journalist