tymosenko

Defense team of Yulia Tymoshenko are waiting for European court of human rights decision. Eugenia Tymoshenko told that decision of European court of human rights is expected to be similar to the decision in the case of Yuriy Lutsenko which normally specifies that the Lutsenko has to be placed into the same circumstances as he had when his rights were breached.

“This means that Lutsenko and my mum – if her ruling is the same – should be free people,” she says. “This gives real basis for the Council of Europe to demand the immediate release of my mother and Mr. Lutsenko.”

Eugenia understands that ukrainian goverment can try to ignore this decision like the ukrainian authorities do with similar decision in case of Lutsenko. He was awarded 15,000 euros in compensation but the government, however, has failed to act on this ruling: “It can lead to the point when the Cabinet of Ministers of the Council of Europe will have to specify how this decision must be fulfilled in Ukraine,” said Eugenia.

But she hopes it’s possible that with pressure from the West, her mother will walk free.

It should be noted that the European court of human rights may order the goverment to release Yulia Tymoshenko and other political prisoners in Ukraine.

In May 2011, Eynulla Fatullayev, a well-known investigative journalist and editor in chief of two of Azerbaijan’s most popular independent newspapers, was pardoned and released from prison after serving four years on charges of defamation, terrorism, tax evasion, and drug possession. His case had received widespread international attention. Fatullayev had been reporting on the government’s failure to solve the 2005 murder of his colleague at the Monitor, Elmar Huseynov, when he was arrested and found guilty of threatening terrorism and inciting ethnic hatred. He was sentenced to eight and a half years in prison. In July 2010, Fatullayev was sentenced to another two and a half years behind bars on the spurious charge of drug possession inside prison. The European Court of Human Rights ordered the government to release him. He was freed a year later

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Mr. Arch Puddington is responsible for the publication of Freedom in the World and other research publications, and for the development of new research and advocacy programs. He is vice president for research at Freedom House.

Mr. Arch wrote an article about Skadden report on the Tymoshenko case in Freedom House blog. Recently I noted that Yanukovych’s regime tries to threaten to the U.S. goverment. So, now we have the expert’s conclusion.

Vice president Arch Puddington criticised american lawers of Skadden firm because of disregard the political aspects of the case:

American lawyers have often played an admirable role in assisting new democracies as they overhaul their legal systems. By giving even a qualified stamp of approval to the courtroom technicalities of a case whose overarching objective smells strongly of political revenge, Skadden Arps has made a regrettable departure from this praiseworthy tradition

He was surprized at the poverty of arguments of Skadden’s leading member Gregory Craig, who was White House counsel in the Obama administration. Mr. Arch rebuked to Gregory Craig who leaves “to others the question of whether this prosecution of Tymoshenko was politically motivated”:

“Others” have reached the conclusion that the prosecutions of Tymoshenko and her fellow Orange leaders were politically driven. Perhaps the best example is a report issued after the recent Ukrainian parliamentary elections by the Organization for Security and Cooperation in Europe’s Office for Democratic Institutions and Human Rights (ODIHR). In a sharply worded critique of the elections, the ODIHR pointed first and foremost to the fact that Tymoshenko and another Orange figure, Yuriy Lutsenko, had been imprisoned and could not play a leadership role in the opposition campaign. Furthermore, additional cases have been brought against Tymoshenko, including one implicating her in murder. As matters now stand, Yanukovych seems resolute in arranging things so that his nemesis will spend the rest of her life behind bars

ET2

 

EPP summit

Eugenia Tymoshenko, daughter of unjustly imprisoned former Prime Minister Yulia Tymoshenko, says the EU Council’s conclusions on Ukraine adopted December 10 by the meeting of EU foreign ministers sets out clear conditions for the signing of the EU-Ukraine Association Agreement.

“My mother’s position hasn’t changed: the association agreement should be signed, and it will be signed, the only question is when. The answer to this question was outlined by the European politicians in the conditions put forward in the resolutions and the conclusions of the Foreign Affairs Council, and also the declaration of the EPP. Now this has created a platform for the Ukrainian state, for official Kyiv, for the president, on how to proceed under these conditions,” Eugenia Tymoshenko said in Brussels, Belgium at the European People’s Party Summit.

She also concluded that EPP’s summit is the event on which Tymoshenko has got help of her european friends.

Free Yulia

On monday world’s media were overcrowded with Renat Kuzmin’s proclamation to U.S. President Barak Obama. Ukrainian First Deputy Prosecutor General Renat Kuzmin’s 5-year multiple entry U.S. visa had been revoked and he hastened to accuse former U.S. Congressman Jim Slattery in using personal relationships with the head of the U.S. State Department, Mrs. Hillary Clinton to lobby Tymoshenko’s interests in the U.S. Congress and before the State Department. But the U.S. State Department spokesperson Victoria Nuland said that Renat Kuzmin did not meet the criteria for the Immigration and Nationalization Act, which guides when U.S. can issue visas: “Our efforts to date with the Government of Ukraine have been to use our diplomatic engagement with them to urge them to change course, to stop political prosecutions, to release former Prime Minister Tymoshenko, and to better protect the democratic reputation of Ukraine, if you will. So that’s the policy that we are following at the moment. Obviously, the kind of measures that you’re proposing are possible, but that’s not where we are right now”.

However, it looks like the Ukrainian authorities ignored the response of the U.S. goverment. On Friday they didn’t allow Tymoshenko’s lawer Sergiy Vlasenko to go on session of European court of human rights and in doing in this way they continued to accuse the U.S. goverment. The application of such measure actually now is a sign of bad taste in international relations even if the ukrainian authorities has a foundation for Vlasenko’s restrictions in movement.

Maybe this occasion isn’t significant. But the ukrainian goverment is based on powerful financial clans. They have enough strength to engage big U.S. firms to investigate criminal cases in Ukraine. On Thursday in a report commissioned by the government of Ukraine, a team of American lawyers has concluded that important legal rights of the jailed former prime minister, Yulia V. Tymoshenko, were violated during her trial last year on charges of abusing her official power, and that she was wrongly imprisoned even before her conviction and sentencing.

The lawyers, led by President Obama’s former White House counsel, Gregory B. Craig, concluded that Ms. Tymoshenko was denied legal counsel at “critical stages” of her trial and that at other times her lawyers were wrongly barred from calling relevant witnesses.

But these lawers also concluded absence of political motivations in “gas case” against Tymoshenko. So the U.S. goverment obtained the opponent inside the U.S. At the December 13 press briefing in Washington, DC Spokesperson of State department Victoria Nuland has said: “By confining themselves to simply looking at the paper trial records and ignoring the larger political context in which the trial took place, our concern is that Skadden, Arps, Slate, Meagher & Flom lawyers were obviously not going to find political motivation if they weren’t looking for it.” Victoria Nuland stressed that the U.S. administration’s position on selective prosecutions in Ukraine remains unchanged: “Whoever commissioned this study, whatever the mandate for the study was, it was incomplete and doesn’t give an accurate picture.”

So, it’s possible that U.S. authorities will must to apply visa sanctions or to freeze the accounts of the ukrainian officials for the security of the U.S.

Eugenia Tymoshenko talked about fighting for reform and democracy, despite physical danger on CNN channel. She said that the parliamentary elections in Ukraine, which took place on the 28-th of october, weren’t fair.

She also told that the ukrainian authorities wanted to take the constitutional majority in new parliament, but it seems pressure of democratic world community made such plans impossible. She also answered about her mother’s fate. Eugenia said: “We believe my mother will be free in several months. Also after the European court of human rights carries out of decision. We hope the justice will be restored and my mother and others will be free”

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Party deputy head Oleksander Turchinov told journalists soon after the meeting  with Yulia Tymoshenko:

“Of course we asked Yulia Volodymyrivna (Tymoshenko) to stop the hunger strike because her health is important for the party and I think for the whole Ukraine, but the situation in many constituencies and information how openly and cynically the results of the people’s vote are beng falsified enrage her of course. The only thing she can do against it in this situation is to declare the hunger strike. That’s why we couldn’t convince Yulia Volodymyrivna to stop it and she will continue (hunger strike) until the Ukrainian society gives a clear assessment of what is happening now in many constituencies and regions.”

Tymoshenko’s letter alleging that the Oct. 28 parliamentary election was rigged and announcing that she is going on a hunger strike in protest

Dear Ukrainians,

From July 30 to Oct. 28, the most unfair elections in the history of the independent Ukraine were held.

To admit that they were fair or partly fair, or that they were elections at all, means to tell all the people who corrupted voters in single-member constituencies, suppressed TVi and other independent channels; all the people who organized “carousels” and forged certificates of non-existent illnesses to rig home voting; to tell everyone who in front of video cameras threw in piles of ballot papers filled in by the same hand – the hand of the [Viktor] Yanukovych regime; to tell all the people who took decisions in the Central Election Commission to register false parties and use their resources to form subordinated election commissions; to tell all the people who distributed food packages and paid money in districts; to tell all these clear lawbreakers, including criminals: “Guys, you have done everything right, act like this in future, we’re ready to say black is white, evil is good, and the people who rigged ballot are honest politicians, because we are all in favor of political opportunism and political expediency and not of the truth and European values.”

It is impossible to say the elections were fair and legitimate at a time when every Ukrainian citizen knows that money and food packages were offered to him and many people took them; to say the elections were fair and legitimate when every Ukrainian citizen knows that power structures and administrative resource applied violence to them; when hundreds of thousands of election commissions members took money for forging protocols; when every citizen knows that all TV channels campaigned dirtily 24/7 in favor of the ruling regime; and when everyone read resolutions of the international community about political repressions in Ukraine.

To admit these elections were fair and legitimate is to fully demoralize the Ukrainian nation and the part of our people who still believes in justice and European choice despite the extraordinary efforts of the ruling regime to rig the ballot.

The national exit-poll showed that 73 percent of Ukrainian citizens voted against Yanukovych, against his corrupted, bankrupt policy and that the legitimacy of his regime was completely lost. The elections outcome is a verdict for the oligarchy, its godfather and their clans.

And if – thanks to corruption in single-mandate constituencies – they implement the result, if they manage to “correct” it by means of false protocols from bribed precinct and district commissions and to distort the national exit poll; if thanks to the unfair means they form their majority in the Verkhovna Rada that will be recognized by Ukraine and the world, then this will be a signal for all post-communist regimes that fair elections can be killed and that everything can be “doctored to death.”

Political expediency and willingness to compromise can legalize everything, but where to hide the real choice made by people? Where to put 225 files with clear proof that massive voter bribing was carried out in all election constituencies by all — I stress ALL candidates from the ruling party in single member constituencies?

How to legalize corruption, Yanukovych’s sons, fellows, friends, henchmen and his entourage?
I will not act in the name of political expediency and I will not call clear lies the truth. These elections were rigged from the first to the last day; and to hide this fact means to destroy Ukraine’s future.

I express my solidarity with the Ukrainian World Congress, with conclusions of the Parliamentary Assembly of the Council of Europe and the Organization for Security and Cooperation in Europea, as well as with the position of Andreas Gross, Head of the PACE Monitoring Group, expressed some weeks ago; and I state clearly that 73 percent of Ukrainian citizens want to remove the Yanukovych authoritarian regime, and gave the mandate for this to all oppositional forces. Everything that is different from the result in the elections is rigged and forged.

I don’t consider the parliament, where a majority rigged in such a way will rule despite the will of people, to be legitimate. If I were with you now and could act freely, without any doubts I would call you for continuous protest actions. And we together would put those who rigged the elections to their place as we have done many times before.

But now, being behind bars, I cannot call you to go out into the streets because I cannot guarantee that these protests will be peaceful and organized in the best way. That is why I do what I can in these conditions. I go on hunger strike to protest against the vote rigging and illegitimacy of the parliament. I know and I believe that most Ukrainians will understand and support me,

Your
Yulia Tymoshenko

On the 17-18th of October the annual Congress of European People’s Party (EPP) took place in Bucharest. Eugenia Tymoshenko (daughter of jailed ukrainian ex-PM Yulia Tymoshenko) and some leaders of ukrainian opposition were invited on this forum. Eugenia described her purpose for participation in EPP Congress:  “I came to the EPP Congress to give the European leaders and politicians an appeal from my mother. There is a political crisis in Ukraine. The parliamentary elections have already been rigged. We need their help.” The ex-premier’s daughter also thanked the politicians and leaders of the EU for supporting the Ukrainian people and imprisoned opposition leaders.

Yulia Tymoshenko’s daughter gave the leaders of the EU a letter from her mother. The President of the EPP Wilfried Martens read the statement of jailed ukrainian opposition leader.

– I wish to begin by thanking President Martens for allowing me to speak to you today. Of course, it is his voice that you are hearing and not mine. But Wilfried and you all, my dear friends, are living proof that the saying that there are no true friends in politics is a lie. Your friendship is a blessing for defending my people and for my life. I treasure your friendship in my imprisonment, and it has given me so much hope for big and just changes. I know that through the voice of my friend Wilfried you will hear the truth of my words; most importantly, you will get additional arguments to define your strategy towards the fate of my country.

This is now the 439th day of my imprisonment. Most of these many months I have been confined in a cell in a prison camp, far from my family, friends, and supporters. Today, when I am locked down in a prison hospital ward that has little difference with the cell, where there is almost no difference between the long silences of the days and nights, I see that our struggle to preserve Ukraine in the European family has strengthened. Each night when the lock on the door clangs shut, I tell myself that I have survived another day, and will continue to survive whatever indignity this regime heaps upon me, as today this is my share of the struggle for freedom.

But increasingly at night I do become afraid, not for myself, but for my country. For that hollow thud that I hear each time the prison door shuts reminds me that the door to freedom, the door to Europe, to decent lives for my fellow citizens, is also shutting in Ukraine. The prison door that Viktor Yanukovych has built around my country is still not closed forever, but there is little time left before it is shut tight.

I know that all of Europe is now convulsed by a great economic struggle. Why are you enduring this pain? Why are you desperately seeking to preserve the idea of European unity? I know that it is not simply a matter of debts and interest rates. You are fighting for Europe because you know the price in freedoms lost that Europe has paid when past disunity allowed freedom to shrivel.

We have also made all possible efforts to unite the opposition for the sake of a European Ukraine, but the task it still not over and it needs urgent actions. I have applied best efforts so that the Batkivshchyna, Borys Tarasyuk, Arseniy Yatsenyuk, Vitaliy Klychko and all other opposition leaders are together, and that they put aside their differences to fight down homo sovieticus in Ukraine’s government once and for all.

I am grateful to you that you have invited our united democratic opposition today to once again support our spirit and striving for our common values.

You understand that failure in your efforts is a prospect that is totally unacceptable, and I also know that you will stand with Ukraine in this, our moment of trial.

I do not exaggerate: there are but a few moments left to breathe life back into liberty in my country.

Here let me offer you a few very precise actions to help us:

• In the parliamentary elections due to be held on October 28th, flood my country with official observers to watch and shout out at every fraud they may see, but not only on the election day, but already now;

• Before then, call this regime out on how it is already systemically rigging the elections to falsify their results, and because of this already now you can call the elections not fair. The process was distorted so significantly that there is no chance for elections to meet the OSCE/Council of Europe standards;

• Most importantly, it is time to restrict the freedom of those who are killing democracy in my country. Do not let the regime members and cronies travel freely to your countries to disseminate propagandist poison there. Do not let them make corrupt transactions via your countries and start investigating the cases.

Do not let their families indulge in your luxuries with money taken fraudulently from Ukraine’s hard-working people.

Only by denying these freedoms to those who are denying their fellow citizens freedom will the Yanukovych regime begin to realize that there are real consequences to its contempt for law and for Europe.

As you meet in Bucharest, I do not believe that I need to restate the geo-strategic reasons why Ukraine matters to Europe. They are too numerous, and too obvious, to bear repeating. And after all, Kyiv is barely 750 kilometers from here – barely a day’s leisurely driving.

So I only wish to remind you today that liberty is a universal value. When it is killed in one country, it is diminished in all countries; the global world will become more complex should Ukraine’s imprisonment become complete. The world has faith in the future of Europe. You can give them a reason to confirm that faith by doing all you can to preserve European values in Ukraine. For when you stand by us in our hour of need, you are also standing up for yourselves.

My heart and my hope are with you, and I know that our future is also with you.

Thank you for everything…

Yours,
Yulia Tymoshenko

Romanian President Traian Basescu told Eugenia Tymoshenko that is amazed by Yulia Tymoshenko struggle for democracy. “I want to express my sincere solidarity with Yulia Tymoshenko. In democratic countries politicians aren’t persecuted. In democratic countries there are no political prisoners. We condemn this!” he said.

Council of European Parliamentary Assembly President Jean-Claude Mignon also expressed admiration for the courage of opposition leader Yulia Tymoshenko. “I am very happy to welcome you to the EPP Congress. We will always support Yulia Tymoshenko and her struggle for a democratic Ukraine. I admire her courage and willpower,” he said.

Irish Minister for European Affairs and newly elected Vice President of the European People’s Party Lucinda Creighton is calling on the Ukrainian authorities to released Yulia Tymoshenko and other political prisoners.

“Political prisoners in Ukraine should be released immediately! All of us [in the European Union] are unanimous in this,” Lucinda Creighton said today during the European People’s Party Congress in Bucharest, Romania.

The Irish minister also expressed concern over the conduct of the trials involving Yulia Tymoshenko. “We have reports from our numerous observers and they raise concern,” she said.

Lucinda Creighton stressed that the EU is very troubled by the situation in Ukraine. “All the members of the EU have said that freedom of speech and the right to free assembly and a fair trial must be ensured in Ukraine,” she stressed.

Eugenia Tymoshenko also met with ex-European Parliament President Jerzy Buzek, who stressed that the release of Yulia Tymoshenko and other Ukrainian political prisoners is one of the key conditions for the restoration of relations between Ukraine and the EU. “I absolutely support putting pressure and all proposals regarding the immediate release of Yulia Tymoshenko and other political prisoners in Ukraine. This is absolutely necessary if you want to have good, open relations with the EU. We don’t understand why Yulia Tymoshenko was imprisoned,” he stressed.

“We are very concerned that the names of the leaders of the opposition weren’t registered in the candidate lists. This is the worst characteristic for democratic elections in Ukraine,” Jerzy Buzek said.

Eugenia Tymoshenko has also given German Chancellor Angela Merkel a letter from her mother, Yulia Tymoshenko, thanking her for the support given to her by the Germany government and German doctors.

“The Charite doctors saved my mother’s life,” Eugenia Tymoshenko said during a meeting between representatives of the Ukrainian united opposition and Angela Merkel in Bucharest, Romania.

Angela Merkel assured her of her support for Yulia Tymoshenko and readiness to provide assistance.

Chairman of the Bundestag Committee on EU Affairs Gunther Krichbaum supported the position of Chancellor Angela Merkel and said that the German parliament will block the signing of the EU-Ukraine Association Agreement if Yulia Tymoshenko is not released. “The association agreement between the European Union and Ukraine will be blocked. I, as the head of the Bundestag committee on European integration, will recommend this as long as the Yulia Tymoshenko case is not closed,” he said after his meeting with Eugenia Tymoshenko.

“For us this case is a symbol of the attitude in Ukraine towards human rights and democracy. You can’t ignore this,” he stressed.

At the meeting with European Commission President Jose Manuel Barroso Eugenia Tymoshenko informed the president of the European Commission about the state of her mother’s health.

In his turn, Jose Manuel Barroso ask to send his warmest regards to Yulia Tymoshenko. “We think about Yulia Tymoshenko. We will continue to do everything we can to secure her release. We will insist on her full political rehabilitation,” he said.