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Ukraine asks EU to be patient for Tymoshenko solution

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Published 25 May 2012, updated 29 May 2012

All the major political parties in the European Parliament united yesterday (24 May) to back a resolution putting pressure on Ukraine to free the jailed former Prime Minister Yulia Tymoshenko.

In response, Ukraine's deputy prime minister, Valeriy Khoroshkovskyi, said that his government would take a “responsible attitude”, but insisted that any solution would require a legislative change that could take some time.

The Parliamentary resolution was adopted at a crucial time in EU-Ukraine relations.

The Ukrainian Prime Minister Mykola Azarov told the European Parliament a few days ago that Kiev was being taken hostage by the Tymoshenko case (see background) as part of a “foreign plot” to prevent it from getting closer to the Union.

A week ago, some EU ministers warned of the risk of “losing Ukraine to Russia” if too much pressure was put on the country over the Tymoshenko case.

But the adopted Parliamentary resolution calls on on the Ukrainian authorities to distinguish between political and criminal responsibility, and change Kiev's existing criminal law accordingly. This is set as a condition for the signing and ratification of the EU-Ukraine Association agreement, which was initialed in March.

The Enlargement and European neighbourhood Policy Commissioner Štefan Füle said that Tymoshenko herself had asked that her case not be used to slow the association process.

“We respect that," Füle said. "But at the same time we demand that Ukraine shows that it respects the spirit of our new agreement, before we can confidently open the way to allow its entry into force.”

A series of interventions by MEPs provided Füle with a rare opportunity to outline the Commission's view of what he called the "complex situation" in the Ukraine.

It was not the first region that the EU was trying to transform,  Füle said. He compared Ukraine to the Central European countries which joined the EU in 2004 and 2007, and with the Western Balkan countries currently in the accession process.

“Thanks to the prospect of enlargements we have been successful,” Füle explained, but hinted that the EU might not be able to provide similarly powerful incentives for transformation this time.

‘We should not play geopolitics’

“I have no illusions on Ukraine. Sooner or later, we will be able to be bold toward this country and we will help them in this transformation,” he said.

Referring to fears that EU hesitancy could push Ukraine into Moscow's sphere of influence, he added:“I think we need to be aware of geopolitics, but we should not play geopolitics. We should be flexible, innovative, creative. We should not look at the picture as black and white. But we should never compromise on our values and our principles.”

The resolution brings some clarity to the EU position vis-à-vis the Euro 2012 football championship, which Ukraine is co-hosting with Poland from 6 June to 1 July.

It clarifies that the EU is not calling for a “political boycott” of the championship - and has never used the term, according to Füle.

Instead, it calls for European politicians visiting Euro 2012 to do so in a private capacity, and to seek opportunities to visit political detainees in prison, or otherwise raise awareness about the country's political situation.

The Commission President José Manuel Barroso has no intention of traveling and attending matches, and this position is shared by the Commissioners, Füle added.

Ukraine is due to go to the polls in parliamentary elections this October, and Füle said that the EU's Kiev delegation has already begun coordinating with mission heads to train observers and finance exit polls.

Other projects in the pipeline would support media monitoring and analyse political party marketing and outreach projects to vulnerable voters, he added.

Ukrainian response

The Ukrainian media quoted Khoroshkovskyi as saying that the authorities would take a “responsible attitude” as to the European Parliament's resolution.

But Khoroshkovskyi went on to call for more time before the country’s legislation could be changed to allow for a “legitimate solution” to the Tymoshenko case.

“I want to confirm that we are willing to solve this problem. In other words, we will be looking for a solution in any case,” he was quoted as saying.

In the meantime, Bloomberg quoted Ukrainian President Viktor Yanukovich, who played down reports about EU leaders boycotting Euro 2012.

"Do you think nobody is coming?" Viktor Yanukovych was quoted as asking. "All the tickets have been sold, the excitement is incredible," he said.

"Euro 2012 will take place and there will be fans."

Positions: 

Elmar Brok (EPP, Germany), an MEP and chair of the Parliament’s Foreign Affairs Committee, expressed his concern that Ukraine is moving in the wrong direction. “Political opponents are being imprisoned for political motives. It is a systemic problem, which cannot be eliminated with the help of formal reforms. It is a question of political will for changes, supremacy of law and democracy,” he said.

Brok also stressed that the real problem was that politicians such as Tymoshenko were prevented from taking part to the October election.

MEP Marek Siwiec (S&D, Poland), said that MEPs wanted to see Ukraine “closer to EU”. He warned that the October elections would be an important cornerstone, as “without free and honest elections there will be no ways out of this deadlock”. Siwiec also told Ukraine that the resolution was “not so dramatic and aggressive”. It explains "what is important and what is not, and how to resolve the situation in Ukraine,” he said.

MEP Johannes van Baalen (Netherlands, ALDE) lamented the fact that a gay pride march which was expected to take place in Kiev had recently been cancelled, due to the unfavourable climate for sexual minorities. He stressed that this attitude alienated Ukraine from Europe. Van Baalen also said there was a risk of Ukraine “going the way of Belarus”.

“And then we will have two dictatorships in Europe,” he warned.

MEP Kristian Vigenin (S&D, Bulgaria), said it was “too much” to compare Ukraine to Belarus, but he recognized that there were “backward steps” in the country. “Ukraine belongs to Europe and we should do everything to avoid its binding to Asia-related projects. S&D will do its utmost to mediate in this delicate situation,” he said.

Asked by Van Baalen if PES would cut its relations with Yanukovich’s Party of Regions, in the absence of any improvement of the situation, Vigenin said that PES and the ruling party in Ukraine had only a memorandum for cooperation which was limited in time, but that this would help them to continue the dialogue with Ukraine.

“Of course, if we don’t see change, we will reconsider this agreement,” he said.

Lidiya Smola, director of department of analytics and social researches of the Ukrainian Foundation for Democracy "People First" , told EurActiv that the Ukrainian authorities obstinately show misunderstanding of a diplomatic language of the European officials.

“Representatives of the authorities constantly declare that appeals to boycott the Euro-2012 football championship [which Ukraine co-hosts with Poland from 6 June to 1 July] are directed against the Ukrainian people and the country as a whole.

“The leadership of Ukraine interprets political responsibility for the adopted decisions in its own way. In Yulia Tymoshenko's case political responsibility has been transformed into criminal responsibility.

“It is necessary to understand that release of political prisoners won't open the door for a political or judicial reform in Ukraine. Moreover, it won't guarantee the conduction of fair and transparent parliamentary elections.

“With the present rulers again in power nothing will prevent from the appearance of new political prisoners after elections,” Smola concluded.

Georgi Gotev

COMMENTS

  • The current Government, (and I use the term loosely)are little mare than a cross between Soviet "wannabes" and Mafiosos who are actively engaged in squeezing the life out of the Ukrainian people for personal gain, passing out positions and money like any 3rd World Junta.
    The situation worsens constantly and impedes a faster turn around for the EU Economy. The EU's reticence to take a firm hand to Yanukovych and his Cartel of thieves and lubbers keeps Putin from knowing which way he should weigh into this ongoing soap opera. I don't think he LIKES having to deal with Ukraine's current "Leadership", but as it keeps hanging on, it comes down to dealing with the devil you know-rather than the one you don't.

    By :
    R Andrew Ohge
    - Posted on :
    25/05/2012
  • TWO items to REMEMBER:

    First - the proceedings against Yulia Tymoshenko using a patently unjust old Soviet "purge" law, were initiated by the PREVIOUS President Yushchenko The PRO NATO poster boy for the "WEST". President Yanokovych, though no friend of hers, INHERITED the mess that is this case; therefore he is correct when he says he is NOT interfering in an individual case but must work for a complete solution to the problem. A repeal of this old Stalinist purge apparatus is obviously warranted; rather than clarion calls in favour of one or two individuals, which amount to interferance in Ukranian internal affairs, Europe should be encouraging Ukraine to move more swiftly along this "rule of law" route.

    Second - Russia claims $405million is owed by Tymoshenko's company for gas delivered is unpaid. This is from an earlier period and is entirely separate from the @009 agreement which went sour and is what she was convicted for. In this case there are allegations that this money was mis appropriated and there are charges pending. Of course she is innocent until proven otherwise but if the charges are true it would be a CRIMINAL OFFENCE anywhere in the sanctimonious "West" as well as in Ukraine (or Russia).

    By :
    david tarbuck
    - Posted on :
    25/05/2012
  • Elmar Blok says, "It is a systemic problem, which cannot be eliminated with the help of formal reforms. It is a question of political will for changes, supremacy of law and democracy"

    He missed the bus with this comment; The problem CANNOT be solved WITHOUT formal reforms! These include FORMAL repeal of bad legislation.

    Yulia Tymoshenko was convicted of "exceeding Autority"; this charge being of a legislative hangover from Soviet times.

    THe PREVIOUS President, Yushchenko was the one who, jealous of her popularity arising from the Orange Revolution in an action remeniscent of Stalin, initiated these POLITICALLY motivated charges.

    Now the PRESENT President of Ukraine, Victor Yanikovych is being subjected to abuse for NOT interfering in a process that was ONGOING when he took office.

    That he and Tymoshenko lose no love on each other is common knowledge; each accuses the other of foul play but that does not change the current situation. That is that Ukraine has work to do when it comes to repealing bad legislation.

    The Ukrainian government needs to get into high gear in the matter of reforming the criminal and civil codes; at the same time endemic corruption ought to be addressed.

    "Europe" would be more helpful if they kept their comments to a general nature while of course poining out that old Sovietism is a barrier to better relations. Indeed "Europe" with clarion calls to FAVOUR one individual, who has other more legitimate charges yet to answer to, is blatantly interfering in the INTERNAL affairs of Ukraine.

    The same can be said of the North Americans where political-legal actions against G-20 protesters leave much to be desired in the context of "due process".
    !

    By :
    david taruck
    - Posted on :
    28/05/2012
  • It's called Leadership. If Yanukovych "inherited" this Political "Mulligan Stew" as suggested, then a he might consider a better response than doling out jobs to Family and Cronies, soaking the economy for personal gain and generally acting like an "Old School Soviet Apparatchik". Enough of the He Said-She Said and He did-She did moshing about. Ukraine could be and should be a prosperous democratically run part of an Economically Recovering EU, as should Russia, rather than creating it's own EU doppelganger. That land bridge between N America, China and India through Russia, Belarus and Ukraine would make EVERYONE Prosperous. The Bulls-eye Europe and Russia has been missing for a thousand years. (Ay least you all are consistent...)

    By :
    R Andrew Ohge
    - Posted on :
    31/05/2012
  • You are quite right to suggest that "leadership" means dealing with the Present; through the last three post Soviet Administrations, the "mulligan stew" of the past has NOT been adequately dealt with.

    Now if and when the sanctimonious "Europeans" and North Americans could stop trumpeting for individual favourites of THEIR own, and come up with some advice on how to bring about the needed reforms for the FUTURE real progress might be possible. Maybe then the current and/or next regime can be pressed to better serve ALL the Ukrainian people, not just as you indicate, a priveleged few who one way or another are 'close' to the power.

    By :
    david tarbuck
    - Posted on :
    01/06/2012
  • As I see it from my limited "North American Perspective", it would be in everyone's best interests if:
    (A) The Russian Federation were to be considered, along with it's "little hand puppet", Belarus (I'm a student of History. Belarus is a "patch-together" of lands once owned by Poland, Lithuania Russia and Ukraine)to enter the EU in some capacity. Having the connectivity with the World's Markets would be profitable and would move Europe AND Asia toward a satisfyingly successful foundation for real prospering globalism.
    (B) For the sake of sanity and integration with the concept above, why not have a complete general pardon for everybody, a new election based on integration with the EU, and the final burial of memories of the Soviet era, as the money starts to flow. As far as alleged "Criminal Acts", we at least USED to have this concept of "Statute of Limitations". It would resolve much of the Political bickering and finger pointing, not to mention dialing everyone down a few notches and saving some tax dollars.
    Of course, I'm just a "Pollyanna"...

    By :
    R Andrew Ohge
    - Posted on :
    01/06/2012
  • You are on the right track when you advocate for general improvements such as discarding old Soviet statutes and moving toward amnesty for all "political" crimes.

    The problem with "European" and N. American inputs to date is that they are simply clarion calls to favour a limited number of individuals seen as favourable to "Western" interests, when as you indicated the problems go well beyond the travails of a few.

    Ironically when they call for President Yanukovych to "release Yulia Tymoshenko" they are asking for precisely what they claim to oppose; that is political interference in ongoing judicial proceedings. Remember, although he has no love for Ms Tymoshenko, he INHERITED an ongoing affair initiated by his PREDECESSOR, the darling of the "West" Victor Yushchenko.

    If he is to be faulted at all, it is for shuffling along at the same old pace rather than getting down to the now urgent business of reforms of the criminal and civil codes. Reforms that might be effective in uprooting corruption as well.

    By :
    david tarbuck
    - Posted on :
    02/06/2012
  • David, I think we're pretty close in our thinking. You have ongoing enmity between Ukraine and Russia going back to before the Mongol invasion, not to mention Stalin's addition to the mess, which many see as still having an effect. (When you count Chernobyl, it seems to still cost lives.)So, the present Governments appeasing attitude would naturally get a lot of resistance. It would do a lot for Yanukovych, to "buck the system", declare a no recourse amnesty, and conduct a pro-EU dialog with Russia and the EU. The only way this will ever be settled for any long term period,as I suggested in my last comment, is for the EU to include Russia, Belarus (though here we have essentially another Yugoslavia-and we know how well that works...we have the Serbs being, well, Serbs, again.)and Ukraine. A look at the map, mentally adding in the "Chunnel" from Siberia to Alaska, to see what an impact that would have economically.

    AS you would agree, the best advice for all concerned-and I understand how hard it will be, would be "to get over it..."

    The old folks are getting weary-the youngsters are tired of life on the ropes without hope.

    By :
    R Andrew Ohge
    - Posted on :
    02/06/2012
  • "to get over it..." Amen!!

    Andrew,

    Have you read or followed any of the writings and actions of Anglican Bishop Desmond Tutu?

    He was an important activist in South Africa's struggle with racist governance; after the overthrow of Afrikaner white dominance he championed "Truth and Reconciliation" as the way forward.

    Basically this amounts to searching out where we are and how we arrived there; the guilty and the (sic) innocent to sit at a round table and, assured of no further recriminations, admit their parts (where relevant) and ask and grant forgiveness.

    It worked in S. Africa and on the question of shameful treatment of aboriginals in Canada (and USA) it is working there.

    Putting the past behind, while saving the lessons learned, makes for tackling the future in constructive ways.

    By :
    david tarbuck
    - Posted on :
    03/06/2012
  • May I draw your attention to 3 additional quotations I've heard at the spot in Strasbourg during the public plenary session of the EP:

    1. “The whole legal system is problematic in Ukraine so we don’t address just one individual case.”

    2. “The Tymosenko case will be a test case.”

    3. “European Ukraine or Russian Ukraine that is the question.”

    In my opinion, the Tymosenko-case shall be considered in a larger context and the whole Ukrainian legal system must be examined from the perspective of the rule of law.

    From that perspective, I would like to put particular emphasis on the 3rd quotation, since some MEPs emphasized the importance of the choice between a 'European' and a 'Russian' way. I do not agree to that approach since in my dictionary there is no real contradiction between a 'European' and a 'Russian' way.

    Obviously, I don't consider the 'Russian way' as the acceptance of the old stalinist reflexes but 'Russian-Ukraine' holds rather a very different meaning for me, namely: the respect of Russian MINORITY'S RIGHTS in the country.

    Ukraine, like most of the European states are composed from several nations. Hand in hand with the Ukranian majority nation, there are several other state-forming (Russian, Polish, Hungarian, Romanian etc) minorities in the country. The most significant from them is the Russian-one. And I remember well that one of the campaign-promises of the current president Yanukovich was the recognition the (Russian) minority's language as an official language.

    Thus, from that perspective, 'Russian-Ukraine' means to me an open, democratic state which fully respects and acknowledges the minorities' rights. That's why in this sense, 'Russian-Ukraine' isn't in contradiction with 'European-Ukraine' but in the opposite, they are going hand in hand.

    There are other several promoting examples in the region concerning the collective rights of the minorities from the ruling state - see the example of Moldova and the autonomous region of Gagauzia. Many European human-rights organizations recognize Gagauzia as a successful model for resolving ethnic conflict.

    http://en.wikipedia.org/wiki/Gagauzia

    Unfortunately, the Euractive article did not mention another valuable contribution from the Hungarian MEP Csaba TABAJDI (S&D) who stressed that the Ukrainian authorities disregarded the Hungarian minorities' rights when they drew the electoral borders in Sub-Carpathian Region in a disfavorable way to the Hungarian minorities where the ratio of the Hungarian minorities varies etween 10-50%. There is place for uneasiness in that regard, since in earlier practices the Ukrainian authorities were able to respect these aspects. So, there is a need to make additional pressure on Ukraine so that the country fully respect and acknoledge the rights of minorities.

    My conclusion is here that the European future of Ukraine is indistinctable from the range of minorities' right and the outcomes of the Tymosenko case shall be considered from that perspective.

    Mr Zoltán MASSAY-KOSUBEK - EU policy expert
    Further details about the Tymosenko-debate on my blog:
    http://massay.kosubek.zoltan.dinstudio.com/diary_1_25.html
    zoltanmassaykosubek@yahoo.com
    http://about.me/zoltanmassaykosubek

    By :
    ZoltánMASSAY-KOSUBEK
    - Posted on :
    07/06/2012
  • "European" movement away from the clarion call for the release of one individual towards pressing ALL of the former Soviet Union states to refine their legal processes is most welcome.

    While I defended Ukraine President Victor Yanukovych's refusal to interfere in an individual ongoing proceeding that was initiated BEFORE he took the Oath of Office, and decry the initial sanctimonious and hypocritical trumpeting of the "West" that does not mean I wish for the present state of Ukraine governance to continue.

    Not withstanding that previous administrations were voted out of office mostly due to inability to overcome the ossification left over from the Soviet periods, that is NO excuse for the Present legislature and administrations continuing the same slow shuffle in the face of ongoing problems.

    Ukraine is a potentially wealthy country; if well documented corruption can be drastically reduced REAL capital (as created by entrepreneur led labour) is available and would soon get down to work. How much of it would remain in control of "oligarchs" is of course a matter of conjecture; the important first step is to put it to work for the national benefit. Incidently, the "fictitious capital" of the IMF is NOT what is needed but that is a separate matter.

    By :
    david tarbuck
    - Posted on :
    08/06/2012
  • Ukraine is so much like my native Iowa, but with even more potential because of it's geographical location and it's people's indomitable spirit.

    To see all the hurdles removed so they, as well as the rest of the Northern Hemisphere could share a truly sustainable prosperity, is something I would like to experience in my lifetime.

    I cover the Dream in this Poem, written in 2003:

    "Paradise Is Down A Two-Lane Blacktop"

    First, we were drawn by the land,
    enticed by the promise of freedom…
    fresh faces in new places, where
    we built our farms, our stores, mills
    smithies, with our own dreams
    and our own Hands, paying our way
    with the sweat of our brows,
    leaving our bones and legacies
    as our testimony to those
    who would follow.

    Then, great factories replaced
    the smithies, concrete towers
    supplanted the wheel mills, and
    we were drawn from the land
    to the growing cities for what we
    believed were better dreams,
    brighter futures,…"the good life."
    The farms we left were swallowed
    by corporations, the family
    store was neglected by the lure
    and flash of the corporate chains.
    We were the great middle class,
    living a vision, that for most of us,
    never truly existed, leaving
    nothing, but broken dreams
    as our legacy.

    Times and paradigms pass.
    Some of our small towns just died,
    some were swallowed by the
    circling cities, others are
    barely hanging on, yet,
    here and there, new pioneers
    are returning, bring their
    fresh faces to the old places,
    rediscovering the old ways and
    creating new ones, as America
    finds her roots again.
    Hollywood, Broadway, & Prime Time
    doesn't show our true image.
    Our story isn't on CNN or in USA Today.
    We've journeyed back, off the
    Interstate, rebuilding the
    Courthouse square, starting farms,
    building houses, stores, and families,
    infusing our enterprises with
    Faith, truth, love, patriotism, and a
    determination to not allow our
    unique visions or our new freedom
    to ever be swallowed by mere
    sound-bites, glamor, glitz,
    or pulp fiction.

    The America and World we must become
    is the one we always knew in our hearts.
    We had only to remember that
    Paradise is down a two-lane blacktop,
    where the tree of wisdom waits for all
    who prefer revelation over information.
    The super highways and bypasses, the
    jets, planes, busses, and trains can only
    take you by the "American Dream"...
    the turn down that two-lane is a
    calculated decision to arrive there,
    a journey you take, only if you're
    hungry for a new vision, if you're ready
    to put down some new roots, and make
    your own legacy with your own hands
    and the sweat of your own brow.

    If you've caught that pioneer spirit,
    then here's the place to draw close
    to the tap roots of the "American Dream",
    where the juices flow strong and rich,
    near the power, right at the source.
    You have truly arrived, friend, for you've
    come to a powerful place to begin anew,
    where you can find purpose, change
    the landscape, where you can acquire
    wisdom and real estate, & create your legacy,
    where your accomplishments and children
    earn respect and receive honor, where your
    babies and bones are attended with
    reverent tender care by real peacemakers.

    Oh yes...if you destroy, mar, steal, or harm
    those and that which is in their care,
    you'll have a fight on your hands,
    the like you'll not soon forget.
    No, Real peacemakers are the architects, the
    restorers, the creators and shapers,
    the healers, the comforters and nurturers,
    the sowers and caretakers of paradise.
    they are recreating and shaping their
    future and shall be counted blessed.

    No need for a plane, bus, or a train to come.
    We're waiting at the gates of paradise at the
    end of any two-lane blacktop, beckoning, as
    Lady Liberty has for over a century,
    " Send us Your tired, your poor, your
    down-trodden, struggling to be free…"
    We'll be waiting.

    By :
    R Andrew Ohge
    - Posted on :
    08/06/2012
Valeriy Khoroshkovskyi and Štefan Füle (file photo)
Background: 

The European Union said it was "disappointed" with the sentencing of former Ukrainian Prime Minister Yulia Tymoshenko to seven years in prison over allegations that she abused her office in relation to a gas deal signed with Russia in 2009.

The trial was "politically motivated" and did not respect international standards, the EU has said, adding that it "would reflect" on its policies towards Ukraine.

The December 2011 EU-Ukraine Summit failed to initial the country's Association Agreement with the Union, largely due to the imprisonment of Tymoshenko.

On 30 March, the document was initialled, but full signature depends on changing the system of "selective justice" and the parliamentary elections in Ukraine due on 28 October 2012.

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