Thursday, October 13, 2011

Ukraine Political Rivalry sent to courts: Timoshenko Trial

A court in Kiev has rejected a request to free opposition leader Yulia Timoshenko from detention during a trial of abuse of office. Russia has surprised many by siding with the former Prime Minister.

Timoshenko,Ukraine’s most powerful opposition leader, was held in contempt of court after the prosecution said she disrupted proceedings by refusing to cooperate and insulting the judge, calling him a ‘puppet’ of president Viktor Yanukovich.

Prosecutors say she authorized, without Cabinet approval, a 10-year deal that nearly doubles the price Ukraine pays for Russian gas, following a so-called gas war when Moscow cut off supplies to its southwestern neighbor.

The indictment is about Ms Timoshenko having concluded a gas deal with Moscow early in 2009 shortly after an interruption of Russian gas supplies, which led to crisis conditions in parts of the EU. There are other allegations of over-spending for public procurements for ambulances and antiflu vaccines and for mis-spending Kyoto credits on pensions. It is impossible for the outside
observer to have a view on allegations such as those concerning over-spending.

The court hearings that started on Friday is the third court proceeding launched against Tymoshenko in Ukraine. The first case dealt with the embezzlement of funds acquired from the selling of carbon emission quotas to bankroll pension payments, while the second was connected with the purchase of a batch of ambulances at inflated prices. The third set of accusations pertain to the purchase of gas and subsequent transit agreements between Ukraine and Russia that Tymoshenko signed as prime minister in 2009. Prosecutors accuse the former PM of abuse of power, which they claim damaged Ukraine’s financial interests. They do not claim Tymoshenko personally benefited from the deals. Ukrainian authorities now seek the reversal of the contracts, though thus far they have been unsuccessful.

The court room where the proceedings took place was relatively small and could not house all those who wanted to witness the trial. The European Union’s ambassador to Ukraine, Jose Manuel Pinto Teixeira, called the conditions in the court room “inhumane” as he left the court building on Friday around noon. The diplomat added that he was not able to politically evaluate the case.

Earlier this third week of June, Tymoshenko announced that she had turned to the European Court of Human Rights for protection. The former PM complained that the cases against her were politically motivated. It has not been reported yet if the court has accepted the suit. On Friday Tymoshenko's defense asked the court to remove the judge but the court refused.

Incumbent Ukrainian president Viktor Yanukovich has strongly denied any political motives behind the cases and said that only the court can rule that Tymoshenko is guilty of the crimes she is accused of. “Investigators have prepared their papers and the defense has surely prepared their arguments. And I think we will see who is right and wrong at the open court session and then we will be able to make conclusions,” Yanukovich said at a recent press conference in Strasbourg.

Ms Timoshenko’s trial comes at a pivotal time for Ukraine in terms of the country’s relationship with both the European Union and Russia. Ukraine is looking to conclude bilateral trade and association agreements with the European Union, though Ms Timoshenko’s conviction in what is widely viewed as a politically motivated case could scuttle these plans. Additionally, Ukraine has shown more independence from Moscow in recent months, but with Russian Prime Minister Vladimir Putin announcing his plan to return to the presidency, Kiev’s ability to draw a firmer line against Russian influence may also be coming to an end.

The Parliamentary Assembly of the Council of Europe is concerned by the case: the leader of its Christian Democrat faction declared on 26 May that the “politically motivated prosecution of the opposition, particularly Timoshenko, is not consistent with European standards…”.The European Parliament adopted on 9 June a resolution on the case of Yulia Timoshenko and other former members of the Ukrainian government (including former Interior Minister Yuri Lutsenko). This resolution expressed concern “about the increased selective prosecution of figures from the political opposition in Ukraine”.

The EU and Ukraine are seeking to bring to a conclusion an Association Agreement, including as part of it a Deep and Comprehensive Free Trade Agreement (DCFTA), with December appearing to be the target date for signing this Treaty.

On the matter of gas deals and constitutionality, President Yanukovych’s own record in office may be noted, including the agreement he made with Moscow within days of taking office, which traded a short-term discount of the gas price for a long-term extension of the lease of the port of Sebastapol to the Russian Black Sea fleet. The gas deal was lacking in transparency both as regards its effective economic value and as regards who were to be the ultimate beneficiaries as between the state,
various gas trading entities, and various gas-consuming industrial corporations, several of which have been supporters of Yanukovych’s election and presidency. While Ms Timoshenko is indicted for taking a procedural shortcut, President Yanukovych shows himself to be a champion of executive shortcuts even on matters of such strategic significance as the long-term lease of the Sebastapol naval base to Russia.

Sources:
Worldcrunch
Ukraine Democracy
wbj.pl
YouTube
newsfor all 

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