Vitalii Markiv

Vitalii Mykhailovych Markiv (Ukrainian: Віталій Михайлович Марків; born 16 August 1989) is a Ukrainian former military commander[1] of the General Serhiy Kulchytsky Battalion of the National Guard of Ukraine. He was prosecuted and convicted by an Italian court for directing mortar fire that killed Russian dissident and journalist Andrei Mironov and Italian photojournalist Andrea Rocchelli near the city of Sloviansk.[2] His conviction was eventually overturned,[3][4] and he was fully acquitted by Supreme Court of Cassation of Italy.[5]

Vitalii Markiv
Native name
Віталій Михайлович Марків
Born (1989-08-16) 16 August 1989
Khorostkiv, Ukrainian SSR, Soviet Union
(now Ukraine)
Allegiance Ukraine

Early life

Vitalii Markiv was born on August 16, 1989, in the city of Khorostkiv of Ternopil region in West Ukraine. At the age of 16 he moved to Italy with his sister and became an Italian citizen.[6] He returned to Ukraine at the end of 2013 to take part in the demonstrations and the 2014 Euromaidan revolution.

Participation in the war in Donbas

In 2014 Markiv joined the National Guard of Ukraine and took part in the Battles for Sloviansk. He is a deputy platoon commander in the General Serhiy Kulchytsky Battalion of the National Guard of Ukraine.[7]

Investigation and trial in Italy

Markiv was accused of killing Italian photojournalist Andrea Rocchelli near the city of Sloviansk, Donetsk region, in May 2014 and was arrested during a trip in Italy, 30 June 2017.[8][3]

Angelo Napolitano, Chief of the Penitentiary Police, reported that Markiv was planning to escape from prison, therefore he was transferred to Opera prison in 2017.[9]

On 12 July 2019, a court in Pavia sentenced Markiv to 24 years in prison for involvement in Rocchelli's death. The ruling was criticised in Ukraine, as well as by various journalists, the Italian Radical Party and +Europa for being based on circumstantial evidence. On the other hand, the Italian Union of Journalists considered it to be "exemplary justice", showing that the killers of journalists can not always get away with their crimes. The mainstream press and elements of the Italian left considered Markiv to be an extremist nationalist, whereas an article in The New York Times suggested that these representations constituted Russian propaganda, which the paper considered to have played a role in Mark's conviction.[10]

Raffaele Della Valle, Markiv's lawyer, claimed his complete innocence and declared that he is going to appeal the tribunal sentence.[11][12]

On 3 November 2020, the Milan Court of Appeal, while holding the Ukrainian armed forces guilty of the murder of the journalists,[13] overturned the sentence of Pavia court and acquitted Markiv of all charges,[14] "for not having committed the fact".[15] The following day Markiv returned to Ukraine.[3]

On 16 February 2021, the Attorney General's Office of Milan stated that would appeal the second degree acquittal.[16] On 9 December 2021 the Supreme Court of Cassation of Italy fully acquitted Markiv.[5]

Reaction in Ukraine and abroad

According to the Ukrainian investigation, the journalists were killed in a shelling conducted by the "Russian-backed terrorist forces".[17]

The Ministry of Internal Affairs of Ukraine expressed concern about Markiv's arrest.[18]

The Advisor to the Head of the Ministry of Internal Affairs of Ukraine, People's Deputy from the People's Front faction, Anton Herashchenko said the detention in Italy of Markiv, a deputy commander of a battalion of the National Guard of Ukraine, might be another provocation by the Russian special services.[19]

As per ex-chief prosecutor of Ukraine Yevhen Yenin Ukrainian prosecution for three years tried to persuade Italian prosecution to visit the place of death to conduct a thorough examination, however Italian prosecution denied such proposal. According to the Ukrainian prosecution Markiv wasn't able to see or identify Rocchelli from his position.[20][21]

Journalist Paul Gogo, who worked in Sloviansk during the time of shelling, described the initial decision of the Italian court - which found Markiv guilty - as "mind-blowing"[22] and as based on false testimonies. According to Gogo, the court proceeding was politicized and investigation wasn't done properly.[23][24]

On 25 July 2019, during a phone conversation with Italian PM Giuseppe Conte, Ukrainian President Volodymyr Zelensky stressed the importance of unbiased investigation of Rocchelli's death and offered legal assistance from Ukraine in conducting a thorough joint examination of the circumstances.[25]

The Italian conviction of Markiv was compared with the Russian conviction of Nadiya Savchenko, also for allegedly directing mortar fire that killed journalists.[2]

Indictment in Russia

On 11 December 2020, the Moscow Basmanny district Court issued indictment of Vitaliy Markiv in absentia of the murder of the two journalists.[26][27]

Return to Ukraine

After his release, Vitalii Markiv returned to serve in the National Guard of Ukraine. Artem Shevchenko presented a documentary film about Markiv, called Pozyvnoy Ital’yanets ("Callsign Italian"), produced with the collaboration of the Ministry of Internal Affairs and the Ministry of Culture.[28]

Wikimedia Commons has media related to Vitalij Markiv.

References
  1. "MP: Markiv detained in Italy is acting platoon commander in Kulchytsky battalion". kyivpost.com. 1 July 2017.
  2. Дмитрий Борко (16 July 2019). "Приговор по наводке". Грани.ру (in Russian). Retrieved 18 August 2019.
  3. Ukrainian Ex-Fighter Acquitted In 2014 Killing Of Italian Journalist Returns To Kyiv, Radio Free Europe (4 November 2020)
  4. "Італійський суд виправдав українського військового Марківа".
  5. (in Ukrainian) Italian court finally acquitted Markiv of the National Guard, Ukrayinska Pravda (9 December 2021)
  6. "Who killed Andrea Rocchelli?". EuroNews. 25 July 2017. Retrieved 26 July 2019.
  7. "Task of PGO in Markiv case is to protect his legal interests in court - Yenin". InterFax. 3 July 2017. Retrieved 26 July 2019.
  8. "Ex-Ukrainian servicemen, suspect of killing Italian photographer near Sloviansk in 2014, detained in Italy". InterFax. 1 July 2017. Retrieved 18 August 2019.
  9. "Morte del reporter Rocchelli, la rivelazione: "Markiv aveva un piano per evadere"". 26 January 2019. Retrieved 7 September 2020.
  10. "Lo strano caso di Vitaly Markiv" (in Italian). 18 December 2019. Retrieved 3 November 2020. To the accusations of being influenced by Russian propaganda, the mainstream press and part of the Italian left responded by accusing Markiv in turn of being an extremist and a nationalist, and the Ukrainian state of being supported by neo-fascist groups.
  11. "Omicidio Rocchelli, Markiv condannato a 24 anni". La Provincia Pavese (in Italian). 12 July 2019. Retrieved 12 July 2019.
  12. "Processo Rocchelli, la lettura della sentenza: "24 anni di carcere per Vitaly Markiv"". Rainews (in Italian). Retrieved 17 July 2019.
  13. "Omicidio Rocchelli, così un errore formale ha portato all'assoluzione del soldato ucraino". repubblica.it. 28 January 2021. The reconstruction of the facts," reads the sentence, "as it emerges from the evidence that can be used in the trial and from the considerations made in the preceding paragraphs, leads this Court to agree with the conclusions of the Pavia Court of Assizes concerning the origin of the shots that killed Rocchelli and wounded Roguelon, namely the mortar shots fired from the Karachun hill by the Ukrainian army soldiers
  14. "Vitaly Markiv è stato assolto per l'omicidio del giornalista Andrea Rocchelli" (in Italian). 3 November 2020. Retrieved 3 November 2020.
  15. "Processo Rocchelli, assolto in appello Vitaly Markiv. Fnsi e Alg: "Continuare a cercare verità e giustizia"". fnsi.it. 4 November 2020.
  16. "La pg ricorre contro l'assoluzione di Markiv". ilgiorno.it. 16 February 2021.
  17. "Ukrainian serviceman, suspect of killing Italian photographer near Sloviansk, detained in Italy". UNIAN. 1 July 2017. Retrieved 26 July 2019.
  18. "The Ministry of Internal Affairs of Ukraine is concerned over the detention of the Ukrainian military in Italy". Front News International. 2 July 2017. Archived from the original on 20 January 2018. Retrieved 18 August 2019.
  19. "Ukrainian diplomats closely following the case of detained Ukrainian soldier in Italy". UAWIRE. 3 July 2017. Retrieved 18 August 2019.
  20. "Посол Украины в Италии о деле Маркива: Это была спецоперация России против нас". Сегодня (in Russian). 16 July 2019. Retrieved 26 July 2019.
  21. "Дело Маркива: итальянцы не хотели провести следственный эксперимент в Украине, - Енин". Еспресо (in Russian). 15 July 2019. Retrieved 26 July 2019.
  22. @Paugog (13 July 2019). "Une décision assez hallucinante de la justice italienne" (Tweet) (in French). Retrieved 17 July 2019 – via Twitter.
  23. "French journalist calls Markiv sentence "mind-blowing" & is willing to testify". Euromaidan Press. 16 July 2019. Retrieved 17 July 2019.
  24. "French journalist ready to testify in Ukrainian guardsman Markiv's case in Italy". UNIAN. 15 July 2019. Retrieved 17 July 2019.
  25. "Zelensky discusses with Italian PM case of National Guard Vitaly Markiv". UNIAN. 25 July 2019. Retrieved 26 July 2019.
  26. "Omicidio Rocchelli, il Tribunale di Mosca accusa Markiv". rainews.it. 11 December 2020.
  27. "Украинский нацгвардеец заочно арестован в РФ за убийство россиянина и итальянца". interfax.ru. 11 December 2020.
  28. "Виталий Маркив после оправдания вернулся на службу в Нацгвардию, - МВД". focus.ua. 24 May 2021.
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