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



Yulia Tymoshenko today held a four-hour meeting with the deputy leaders of the Batkivshchyna party, Oleksandr Turchynov and Hryhoriy Nemyria, and MP and head of the united opposition Arseniy Yatseniuk. 
They discussed the parliamentary election campaign and party matters.  

In September, former Prime Minister Yulia Tymoshenko asked the Kachanivska prison administration to allow her a short meeting with Swedish Foreign Minister Carl Bildt, her party deputies Oleksandr Turchynov and Hryhoriy Nemyria, and Arseniy Yatseniuk. The request was written in accordance with Article 110 of the Penal Code, which states that any prison has the right once a month to have a short meeting with relatives, friends, etc., with no more than four people at once. But the administration of the Kachanivska prison, on orders from the president’s administration,  violated Yulia Tymoshenko’s right to short visits with members of her party.

Yulia Tymoshenko protested against ignoration of her right to short visits. In fact, the administration of the Kachanivska prison today recognized illegality of their actions.

It became known that the monitoring of court proceedings with regard to ex-Ukrainian Prime Minister Yulia Tymoshenko and ex-Ukrainian Interior Minister Yuriy Lutsenko by Ex-Polish President Alexander Kwasniewski and ex-European Parliament President Pat Cox has been suspended for the period of the Ukrainian parliamentary election campaign.

Ex-Polish President Alexander Kwasniewski criticized the Ukrainian judiciary. And Pat Cox said that judicial system of Ukraine needs for external help.

The current Ukrainian government will cause huge damage to the country, if after the election decides to leave for a long time in prison, ex-Prime Minister Yulia Tymoshenko and former Interior Minister Yuriy Lutsenko. Said the head of the PACE Monitoring Committee Andres Erkel .

He believes that the former government, who are now in prison, within the definition of «political prisoner», despite the fact that Amnesty International does not recognize them «prisoners of conscience.» «However, I believe that they could be described as political prisoners. When their cases in court was a lot of violations, — he said.

Erkel said that the issue of the status of convicted ex-officials of the Tymoshenko government will be important to the European Court of Human Rights. «Decisions of the relevant cases yet, but when it is, you can clearly tell whether the plaintiffs political prisoners» — he said.

He believes that the convicted Tymoshenko and Lutsenko meet the definition of «political prisoner», given in the draft resolution of PACE, the Assembly will address on Wednesday. «The text but not too long, but quite difficult for the members of the Parliamentary Assembly. And I’m sure that, if the consideration to PACE will work lawyers, lobbyists opposing approaches, so that the resolution can be changed in one or the other way. However, I believe that the adoption of this document, the answer to your question (whether subject to Tymoshenko and Lutsenko, the definition in the draft resolution — Red.) will be «yes», — he said.