Rapporteurs from the Parliamentary Assembly of the Council of Europe (PACE) addressed critical remarks to the current Ukrainian government. The remarks in question were made on Oct. 5 in the French city of Strasbourg by deputies Hanne Severinsen and Renate Wohlwend, who have been closely following Ukrainian problems in this highly regarded European structure. When the last government was in power, they frequently criticized violations or mistakes on the part of the Ukrainian leadership: concerning pressure on the media, constitutional reform, and the Gongadze case. This criticism related to the previous government. Yesterday, for the first time, the current one had to listen to reports delivered by “courageous rapporteurs,” as President Yushchenko called them at one time. The PACE report contains more than 40 appeals and proposals for Ukraine.
“The post-revolutionary situation should not become a justification for hasty decisions...” reads one of the key passages. The resolution points out that the new government has inherited a number of problems from the previous one, but PACE feels sure that the failure to honor some of the commitments has to do with conflicts among the Orange leaders: “In the first nine post-revolution months, it has nonetheless encountered numerous difficulties originating in particular from the years of the previous government’s rule as well as from internal conflicts within the new administration.”
What is causing the European parliamentarians’ concern? PACE is urging Ukraine to hold open Verkhovna Rada hearings on the Gongadze case. It says that singling out the case involving the direct executors of Gongadze’s murder is an attempt to remove responsibility from those who ordered the killing. PACE’s resolution reads: “...we are disturbed by the decision of the Prosecutor General’s Office to send the case to the court in parts, separating the cases of the alleged direct perpetrators of the murder...Some people believe that this may be done to avoid prosecuting those who ordered and organized this crime.” This clause was not in the original draft, but the assembly moved to have it introduced. Before the vote, Severinsen said, “This is a very important amendment. We obtained information that, according to the materials of the case, three policemen murdered Gongadze without any orders. But we want those who ordered the murder to stand trial. That is why we decisively support this amendment.” PACE also notes that no investigation was carried out in Ukraine concerning the earlier ineffective investigation. “The law- enforcement organs did not prevent the death of the former minister of internal affairs, who committed suicide under suspicious circumstances and did not arrest General Pukach, who is suspected of being the link between the murderers and those who ordered the crime,” the resolution states.
The resolution reiterates that the Ukrainian government ignored previous PACE resolutions requesting a new investigation into the Yeliashkevych case and an expert examination of the Melnychenko tapes. Among other things, the resolution demands that state-run television and radio companies be transformed into public channels. PACE approves of the new government’s efforts to halt censorship and urges it to expedite the enactment of the laws “On the President of Ukraine” and “On the Cabinet of Ministers of Ukraine,” and to adopt the law on the Verkhovna Rada’s committees of inquiry. Another requirement is to enact guarantees for the parliamentary opposition. The resolution also reads that the Parliamentary Assembly urgently calls on the Ukrainian government to continue the reforms and prevent political competition from threatening progress in this country.
The Council of Europe has been paying serious attention to the Ukrainian issue for a long time, ever since Ukraine became a member. This year marks the 10th anniversary of Ukraine’s CE membership. Ukraine has always found it difficult to honor her membership commitments. In April 2001 Ukraine found itself on the verge of expulsion for failing to ratify a number of long-overdue bills, pertaining to the criminal and civil codes. The problem was resolved in record time, when a politically diverse group of MPs demonstrated unprecedented consensus and defended Ukraine’s right to remain a member of the Council of Europe. At the time, a number of journalists joked that the parliamentarians were afraid of being deprived of business trips to France.
Severinsen and Wohlwend have not tired of criticizing the Ukrainian government, but this time their target was the new one. The members of the past government would probably say that the European deputies are sticklers when it comes to Ukraine. Indeed, in the past all the blame was put on the “Europeans.” The CE’s Monitoring Committee was often raked over the coals by Leonid Kuchma, who was oppressed by outside monitoring. How will the current Ukrainian government respond to CE’s recommendations and critical remarks? Most likely they will take them into account, for the time being. After all, the new government has promised to implement some of the clauses contained in the resolution.
“I would like to assure the esteemed assembly that as the president of Ukraine, I will make every effort to ensure the irrevocability of democratic transformations in my country,” Viktor Yushchenko emphasized in his address to the Parliamentary Assembly of the Council of Europe several days after his inauguration (January 25, 2005). He added, “I also consider it my moral duty to assist in every way with the investigation into the Gongadze case and other high-profile cases involving acts of violence against journalists, so that the guilty parties can be brought to justice.” Meanwhile, the president’s statements are promises that have yet to be fulfilled.
Volodymyr Lytvyn is slated to address the PACE session today. His speech is dedicated to the 10th anniversary of Ukraine’s membership in the Council of Europe. After the previous day’s resolution his task will not be easy. And that day was not exactly a success. Ukrainska Pravda reports that on Oct. 5 Socialist MP Mykola Rudkovsky spoke in parliament, demanding that the heads of the law enforcement agencies and secret police present progress reports on the Gongadze case. He also accused Lytvyn of spreading false information about the initiators of the tape scandals being the ones who ordered Gongadze’s murder. “How could you? Lytvyn and his accomplices blocked the hearings on the Gongadze case,” he declared and then addressed Lytvyn, “When are you going to confess your guilt?” Lytvyn, in turn, pointed out, “I’m ready to meet you in court with regard to your statement that I’m slowing down the investigation. It is you who is slowing down the investigation. Unconscionably, you want to name the initiators and organizers.”
PACE’s monitoring of Ukrainian issues continues. Severinsen announced that it will continue at least until the parliamentary elections. It seems as though the monitoring is once again being transformed into Ukraine’s “hope” concerning control over the government and its commitments.
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During PACE’s plenary meeting, the Ukrainian and Russian delegations exchanged rather sharp statements concerning the Russian language situation in Ukraine. The discussion was begun by State Duma member Vera Oskina, who declared that the rights of Russian- speaking citizens of Ukraine were being violated. She expressed concern over what she described as the Crimean government’s intention to enforce Ukrainian as the language of instruction in all schools on the peninsula. She went on to say that the Russian language was being crowded out of the information space. Borys Oliynyk, Communist MP, head of the Ukrainian delegation, began his response in Ukrainian: “I wish to reply in the Russian language, which I love very much (here he switched to Russian — Ed.). To all those who are seeking to start a quarrel between us and the Russian people I will say; the only Ukrainian-language newspaper in the Crimea, where at least 600,000 Ukrainians live, is either being closed down or has already been closed down. So tell me, please, who is supposed to be protected?” Interfax Ukraine reports that the European parliamentarians applauded his statement.
