EurActiv Logo
EU news & policy debates
- across languages -
Click here for EU news »
EurActiv.com Network

BROWSE ALL SECTIONS

Prosecutors ask court to uphold Tymoshenko sentence

Printer-friendly version
Send by email
Published 22 August 2012

Ukrainian state prosecutors urged a high court yesterday (21 August) to reject ex-prime minister Yulia Tymoshenko's appeal of her conviction for abuse of office, a case Western leaders have condemned as politically motivated.

Judges later withdrew to consider their decision, which opposition figures and defence lawyers, anxious for a quick ruling, expected to be announced only in mid-September. Tymoshenko is serving a seven-year prison sentence.

Tymoshenko has been denied registration as candidate at the 28 October parliamentary elections (see background), on the grounds that her conviction has not been annulled, which in theory the appeal process could do.

The European Union has appointed Pat Cox, former European Parliament president, and Aleksander Kwasniewski, former president of Poland, to monitor Tymoshenko's appeal proceedings on behalf of the European Parliament.

Prosecutors argued that Tymoshenko's guilt had been clearly established at her trial last year. The abuse of office conviction relates to a gas deal which Tymoshenko, 51, brokered with Russia in 2009 when she was prime minister.

The government of President Viktor Yanukovich says the agreement was reckless and saddled the former Soviet republic with an enormous price for strategic supplies of gas which is now taking a toll on the heavily-stressed economy.

Tymoshenko, who is receiving treatment for back trouble in a state-run clinic in the city of Kharkiv and was not present at the appeal hearing, denies betraying the national interest. She says she is the victim of a vendetta by Yanukovich, who narrowly beat her for the presidency in February 2010.

Her prosecution, which has damaged Ukraine's relations with the EU and the United States, will be a major issue in legislative elections on 28 October when Yanukovich's Party of the Regions will seek to retain control of parliament.

'Massive damage on Ukraine'

When the appeal hearing resumed on Tuesday, state prosecutor Oksana Drogobytskaya said Tymoshenko was guilty of a crime which had had serious consequences.

"During the investigation ... the intentional nature of her actions had been established. Everything points to the fact that the actions of Tymoshenko were criminal," she said. "The [gas] contract continues to inflict massive damage on Ukraine."

Tymoshenko's lawyers last week argued in court that negotiating the gas agreement with Russia had been a political act which did not amount to criminal action.

Western governments have called for Tymoshenko's release.

But, with the October election on the horizon, the Yanukovich leadership has shown no signs of freeing Tymoshenko and authorities are instead piling up other charges against her.

In a separate trial, which has been adjourned several times because of her back trouble, she is accused of embezzlement and tax evasion going back to alleged offences when she was in business in the 1990s.

Tymoshenko was a leader of the 2004 Orange Revolution protests that derailed Yanukovich's first bid for the presidency, but failed to produce a strong unified government.

Since Yanukovich defeated her in the election, some of her opposition allies have also faced corruption-related charges.

EurActiv.com with Reuters

COMMENTS

  • Enough, already. If there's sufficient evidence to try her for a REAL Crime, then prosecute her-but the world knows better. Opinions on what folks "think" she might have done or not done offer no more actual evidence than the bogus claims against her by Yanukovych's morally and fiscally bankrupt regime.

    It's time for some rapprochement by this Mafia/Communist styled regime, and time to make some steps that actually BENEFIT the so-far patient people of Ukraine. Viktor...do think these folks are just going to Pray, Chant, Sing and Post forever. Historically, they ARE some of the most stoic and patient people of the planet. They've lived through a lot. But this time, they're enduring the travail perpetrated by someone alleged to be a Countryman.

    It's a REALLY good time for a little show of REAL Statesmanship-n'est pas?

    By :
    R Andrew Ohge
    - Posted on :
    22/08/2012
  • Lutsenko got another prison sentence, while more sentences are in the pipeline for Tymoshenko. One gets the impression from an account of Lutsenko's "crimes" that Yanukovych is scraping the bottom of the barrel to find fault. He keeps harping on how much damage Tymoshenko's gas deal had cost.

    Exactly what damage has Lutsenko's supposedly unauthorised surveillance of an attempted murder suspect cost? As far as I can determine, it did not cost anything to anybody. The prosecution is just an excuse to load Lutsenko with more convictions.

    And why was this done? It is because Yanukovych has no intention of accepting the decision of the European Court of Human Rights, and is looking for ways around an anticipated unfavourable decion. He has no respect for the ECHR, or for his politial opponents. He has loaded up Lutsenko with this new conviction so that he can keep Lutsenko in jail after the ECHR finds in his favout. By the time this is appealed and thrown out by the ECHR, Yanukovich will find, or rather manufacture another claim to keep him in jail.

    It is the same with Tymoshenko. She has been convicted of signing a gas deal with Russia. On the basis of that convivtion on rather dubious grounds, she has been accused by Yanukovych controlled newspapers of murder, embezzlement, tax fraud and what not. She has not been convicted of these crimes. Yanukovych has to rake up dirt from the 1990's to try to make up a case against her.

    In the 1990's Tymoshenko was a businesswoman. Like all people in business, she tried to maximise profits. She did no different to anybody else. Since entering the Rada, she has put that behind her, and tried her best to govern for the people. Yanukovych on the other hand has stolen businesses on some pretext or another. He has built up infrastructure for the football championships worth $5 billion, at a cost of $15 billion. He has said that the president should be the richest man in Ukraine, and he is working towards that goal. Unlike Tymoshenko, he is in government for the purpose of lining his pockets.

    Tymoshenko is in his path of short changing the Ukrainian people. Even then, he has moderated his behaviour because the eyes of Europe and indeed the world are upon him. Otherwise it would have been much worse. Like Lutsenko, he will keep Tymoshenko in jail regardless of what the ECHR decide by piling more and more trumped up charges. As soon as one is resolved in Tymoshenko's favour, it will be replaced with another. This task is facilitated by gullible people who say she is a criminal because she has been convicted. She has been convicted on rather dubious charges by a kangaroo court.

    Tymoshenko may not be the best candidate for the presidency, but Ukrainian politics will evolve in a democracy, and quality politicians will evolve over time. However this can only occur if Ukraine remains a democratic country subject to the rule of law. This just will not happen while Yanukovych remains in power. Vote Tymoshenko for democracy, or Yanukovych for a dictatorship. The October elections just may be the last free elections that you will see for a very long time.

    By :
    oldfogie1
    - Posted on :
    23/08/2012
Tymoshenko in court, file photo. This time she did not appear in court
Background: 

The Parliamentary elections in Ukraine will take place on 28 October with 225 members of parliament to be elected by party list, and 225 in majority districts.

The electoral threshold for parties is 5%. Two political forces have the greatest electoral support in Ukraine: the Party of Regions and the United Opposition (Yulia Tymoshenko’s Batkivschyna in coalition with the Front for change of Arseniy Yatsenyuk). Opinion polls give both main groups 23% of support.

Two more political forces can theoretically get through to the parliament. These are the UDAR party of boxer Vitaliy Klychko (7%) and the Communist party of Ukraine (6%). The party of Nataliya Korolevska, Ukraine – Forward!, which declares liberal views, and the All-Ukrainian Union Svoboda led by Oleh Tyagnybok fell short of the 5% threshold in earlier polls. However, after well-known football player Andriy Shevchenko joined Ukraine – Forward! list, the party’s chances have grown.

More on this topic

More in this section

Advertising

Sponsors

Videos

Europe's East News

Euractiv Sidebar Video Player for use in section aware blocks.

Europe's East Promoted

Euractiv Sidebar Video Player for use in section aware blocks.

Advertising

Advertising