The NABU undermines the presumption of innocence while facing no consequences, according to a shadow report from the European Commission.

Detectives from the National Anti-Corruption Bureau of Ukraine (NABU) have repeatedly violated the presumption of innocence, as highlighted by numerous instances of public statements that created an impression of guilt for the accused even before the judicial process was concluded. This information is included in the Shadow report for Section 23 “Justice and Fundamental Rights” of the European Commission's Report on Ukraine for 2023, prepared by a coalition of civic organizations, as reported by UNN.

According to the document, in several court cases, judges noted violations of the presumption of innocence principle by NABU detectives, who, in public comments and interviews, effectively "assigned" guilt to the subjects. Such communication undermines the foundations of justice, creating biases in society and leading to erroneous conclusions even before a final verdict is rendered by the court.

However, despite the documented instances of violations noted by judges, there has been no public response from NABU. Moreover, the Internal Control Department of NABU has also taken no disciplinary action, leaving such cases unaddressed. This raises concerns about the oversight of the detectives' actions and the alignment of their conduct with ethical and legal standards.

Civic organizations are calling for a specification of the grounds for disciplinary accountability and enhanced oversight, which should ensure adherence to the principles of justice and prevent further violations of the presumption of innocence.

This issue highlights the need for changes and an elevation of standards within anti-corruption agencies to guarantee fairness and legality in the fight against corruption in Ukraine.

Additionally

The presumption of innocence is one of the fundamental principles of the rule of law, stipulating that every individual is considered innocent until proven guilty in a court of law.

However, in its operations, NABU often violates this principle by publicly accusing suspects and effectively shaping public opinion before judicial proceedings.

Former advisor to the director of the State Bureau of Investigations Oleg Shram noted in a comment to UNN that by violating the presumption of innocence, anti-corruption bodies are attempting to shift the focus of their activities from what society expects to intermediate stages of the investigation.

Allegations of bias and political engagement among NABU detectives in their investigations have been voiced repeatedly. However, recently, these concerns have begun to emerge from the leadership of the bureau. This shift is attributed to the fact that anti-corruption officials initiated an investigation against former first deputy director of NABU Gizo Uglava. Only after finding himself on the other side of the investigation did he acknowledge the serious issues present in the investigations conducted by anti-corruption officials, emphasizing that the bureau is focused not on uncovering the truth, but on achieving "external goals."

There are also concerns regarding violations of the presumption of innocence by NABU in the case against former Minister of Agrarian Policy Mykola Solskyi. In particular, the Kharkiv Human Rights Group criticized NABU for statements related to this case that violate the presumption of innocence. The actual reason for pursuing Solskyi is believed to be the reform of the land market in Ukraine.