The 31-page report studies the investigation, charges and show trials of former Prime Minister Yulia Tymoshenko, former Minister of Interior Yuriy Lutsenko, former acting Minister of Defence Valeriy Ivashchenko and former First Deputy Minister of Justice Yevhen Korniychuk.
Hryhoriy Nemyria, Yulia Tymoshenko’s foreign policy advisor said, “This respected organisation understands a show trial when it sees it. Its report catalogues breaches of human rights that are likely to form the basis of grounds for appeal to the European Court of Human Rights. As Ukraine reaches the 20th anniversary of its independence, we call on freedom-loving Ukrainians everywhere and the international community to make their voices heard. Democracy is being snuffed out in Ukraine.”
The human rights group states that the government of Ukraine is “criminalising normal political decisions” and points to numerous violations of the law, human rights and inhuman and degrading treatment. For instance in the case of Yulia Tymoshenko it makes points about:
· The criminalisation of political decisions
·
A probable breach in both Ukrainian and international law in the way that the judge was selected
· The unfair arrest and detention of Ms Tymoshenko on 5 August, described as “disproportionate and unjustified by the court”
· Violation of her right to freedom and movement by unfair travel restrictions
· Violation of the right to a defence due to the short periods her defence counsels were granted to prepare for the case. Parallels were made with Huseyn and others v Azerbaijan
· Violation of the right to a free hearing (Article 6 of the European Convention on Human Rights) when Ms Tymoshenko was removed from the court and neither her or her lawyers were present as proceedings continued
· An unclear indictment which may have violated the right to a fair trial and right to a defence
· Possible violation of the right to a fair trial and defence if the judge, defendants and lawyers were unable to perform due to conditions in the courtroom (due to the size of the courtroom, temperature in the room and lengthy hours)
· Possible violation of the right to personal liberty and security and the right to not self-incriminate by drawing negative consequences from the defendant’s actions towards cooperation with the investigator and her behaviour towards him.
Notes to Editors
The Gas Charges
Ms Tymoshenko’s trial began on 24 June, 2010. She was arrested and taken into detention on 5 August for contempt of court.
Ms Tymoshenko is charged with exceeding her authority when she was prime minister and causing damage to the state of UAH 1.5 billion ($190 million), by authorising a gas agreement with Russia in 2009. The agreement ended the damaging standoff with Russia which saw gas supplies disrupted to EU states. At the time, Ms Tymoshenko was praised widely for resolving the dispute and removing from the gas trade the controversial intermediary company RosUkrEnergo, while transitioning Ukraine to European market prices for gas with a 20% discount.
The charges are regarded widely as politically motivated with many in the international community expressing alarm at the willingness of the authorities to criminalise what was a political decision. The goal of the authorities is to crush President Viktor Yanukovych’s main political rival and prevent Ms Tymoshenko from running in the 2012 parliamentary and 2015 presidential elections.
Yulia Tymoshenko
Yulia Tymoshenko leads the Batkivshchyna Party, a pro-European moderate centre-right party promoting free market policies but with a socially responsible agenda. It represents Ukraine’s largest opposition force.
Ms Tymoshenko was a key leader in the 2004 Orange Revolution in which Viktor Yanukovych was the loser. In 2005 she became Ukraine’s first female prime minister under President Viktor Yushchenko and served a second term as prime minister 2007-2010, narrowly losing out in the presidential election in February 2010.
Ms Tymoshenko’s governments ensured media freedoms (now under attack); raised public sector salaries and repealed over 5,000 acts to reduce government bureaucracy. They fought smuggling and corruption and enacted legislation enabling Ukraine to join the World Trade Organisation. They also spearheaded Association Agreement talks with the EU and presided over Ukraine’s largest transparent privatisation. Her last government also began to repay to citizens bank deposits lost when the Soviet Union collapsed.
Since Viktor Yanukovych became president, Ukraine has slid into authoritarianism. Parliament and the judiciary have become rubber stamps. Media censorship has returned. The security services are used to suppress dissent, harassing and intimidating journalists, opposition figures, NGOs, academics, students and small business owners. This year, the democracy watchdog Freedom House downgraded Ukraine from the list of “Free” states to “Partly Free.”
For further information please contact:
Natasha Lysova
+380 67 323 6040
[email protected]
Neil Pattie
+44 (0)20 7096 0206
[email protected]