• Українська
  • Русский
  • English
Where there is no law, but every man does what is right in his own eyes, there is the least of real liberty
Henry M. Robert

Life after court ruling

What country are we living in?
13 October, 2011 - 00:00
YURII SHCHERBAK BELIEVES JUSTICE KIRIEIEV WILL GO DOWN INTO THE HISTORY OF UKRAINE-EU RELATIONS AS A LITTLE HEROSTRATUS / Photo by Kostiantyn HRYSHYN, The Day

Continued from TITLE PAGE

These European expectations are rooted not in optimism but in the understanding that Europe may lose Ukraine as a field of gravitation, and that this loss may threaten Europe. Ukraine is in a bad way, what with the prospects of 12-year “freezing” in Russia, the hopeless status of Belarus, and now the obvious preservation of the post-Soviet (bad if not worst) rules of the game. Izvestiya recently carried Vladimir Putin’s manifesto-like article entitled “A new integration project for Eurasia: The future in the making.” He doesn’t think Ukraine’s laying-by strategy is its best political option, for this would threaten national statehood and then Europe. Probably the European Union has learned enough to understand what’s actually happening.

Incidentally Russia’s response [to the Tymoshenko case] was sharp-worded. The Kremlin saw the whole affair as having “an obvious anti-Russian implication.” Russia’s Ministry of Foreign Affairs came up with a statement that reads: “Condemning Yulia Tymoshenko for abuse of office when making a Russian gas supplies contract in 2009, the Pechersk Court ignored convincing evidence, to the effect that the said gas arrangements were made in keeping with the laws of the Russian Federation and Ukraine.”

President Yanukovych’s behavior looks rather extravagant under the circumstances. UNIAN quotes him as saying that the court ruling wasn’t final. “Doubtlessly, this is a scandalous occurrence that hinders the issue of Ukraine’s European integration,” he complained to the president of Slovenia, implying regret about the whole affair.

Even more interestingly, ex-President Viktor Yushchenko stated in an interview with the BBC that he didn’t see the Tymoshenko case as a politically motivated one. After signing the gas accords with Russia in 2009, Tymoshenko turned traitor to our national interests, he said.

There was a period during which Ukrainian society stood a chance of further developing. It would be unfair to allege that this opportunity was passed up. Today, there is a good alternative: young people who have a better, happier way of life, who are prepared to shoulder the burden of this responsibility. It’s true that Ukraine is in a very complicated situation, with some bullied and others being fortunate enough to flee this country. At the moment, the most important thing is choosing the right line of conduct. The big question is whether this country is waking up, standing another chance.

COMMENTARIES

Vitali KLITSCHKO, leader of the UDAR Party:

“Today’s verdict of the Pechersk Court is proof that the Ukrainian government has decided to ignore the opposition, ditto statements made by international institutions. The trial over the ex-prime minister has seriously damaged Ukraine’s international image; now there are big obstacles on the road to EU membership. Kyiv’s partners in Europe will never look away from such violations of democratic principles and civil liberties in Ukraine. Ukraine may well find itself isolated on an international scope. President Yanukovych’s team is responsible for this situation. This trial is further proof that there are no independent courts of law, that there is no true justice in Ukraine… in any civilized country politicians assume political responsibility for their mistakes and wrong decisions, but they aren’t thrown behind bars. A government’s attempt to isolate an opponent is proof that the president’s team isn’t prepared to take part in a fair power play; that they want to ‘clean up’ the ‘enemy camp’ before the next presidential campaign… Today’s court ruling is a sequel to the ongoing destabilization campaign, and the current political leadership will be held responsible for this. At a time when systemic reforms should top the agenda, this country comes tumbling down the abyss of social instability and political confrontation.”

Ihor LOSIEV, publicist:

“Tymoshenko’s prison term means that all hopes for this society getting liberal are pipe dreams, that they will never come true. This regime had a unique opportunity of making peace, however illusory, with at least one half of Ukrainian society. Today, war has been proclaimed against that part of Ukraine which voted against the current political leadership. Now it is absolutely clear that it was absurd to expect any of those ‘upstairs’ to learn from past experiences, get civilized, and proceed to defend Ukraine’s national interests. Europe has received a public and cynical slap in the face. Europe isn’t likely to accept such politicians in its ranks, so all the [European integration] procedures promised by Yanukovych will remain on paper. We will then be told that Europe doesn’t want Ukraine, so the only option is the Customs and then Eurasian Union membership. In fact, all this was programmed. I’m not saying it was a spetsnaz mission. I can easily assume that everything happened spontaneously.

“The Court of Appeal? A slim chance. The European Court would be a different story. Here in Ukraine there is practically no chance. We all know about our ‘unbiased’ courts of law and judges. Some say that Tymoshenko’s sentence will add points in her favor. This is a Nazi-like approach. This lady is in prison and no one knows what will happen next, considering that what we have is an authoritarian country ruled by will rather than law. Sad but true, we have become accustomed to arbitrary rule. Under the circumstances, points in favor or against are out of the question. The main thing is how we can help Yulia out of jail, for her case is a graphic example of blatant violations of human rights, democracy, and justice.

“She declared in the courtroom (while the judge was reciting the verdict): ‘Dear friends, I would just like to note that with this decision, and all repressions against Ukrainian citizens, the year 1937 has returned to Ukraine. Everybody needs to be strong today. I call on all the people of good will, on all patriots of Ukraine, to defend Ukraine from authoritarian rule, from lack of freedom, from falsehood, from injustice.’”

Catherine ASHTON, high representative of the EU for foreign affairs and security policy:

“The EU is deeply disappointed with the verdict of the Pechersk District Court in Ukraine in the case of Ms. Yulia Tymoshenko. The verdict comes after a trial which did not respect the international standards as regards fair, transparent and independent legal process which I repeatedly called for in my previous statements.

“This unfortunately confirms that justice is being applied selectively in politically motivated prosecutions of the leaders of the opposition and members of the former government.”

Gerhard GNAUCK, journalist of Die Welt, Germany:

“Certainly, the verdict of the court complicates signing and ratifying of the Association Agreement between Ukraine and EU. The European Union has to react to this decision on principle, however, it should consider the developments of this situation. EU has to approach it with a clearer understanding of its gaps as for the Eastern neighbors over the last years and ask itself: ‘why did the program of Eastern Partnership start in 2009 and not in 2005?’ The European Union also has to decide whether only Ukraine is interested in closer relations or EU is interested, too, and pursue more specific policy towards Ukraine.”

Roman YAKOVLIEVSKY, political observer, Belarus:

“This verdict should not be exaggerated. The court is only the first instance. The price is high. I think that anything can happen before the summit EU-Ukraine. I even heard an idea that, probably, next year not necessarily parliamentary elections will happen but Tymoshenko will participate in them. This option should not be ruled out either. The current President Yanukovych is in a complicated situation now when any step he takes is disadvantageous for him. If Yulia is in prison, it is bad, if she is released it is bad, too. What will happen? There is no definite answer yet. This verdict has not decided anything yet. However, after EU’s declaration there is a serious risk that it will affect the relations between Ukraine and EU, in particular, signing the Association Agreement that is top priority for Kyiv today. We in Belarus are interested to watch the elements of the Belarusian and Lukashenko’s policy in Ukraine but we hope that Ukraine will find the right European way.”

Pavlo KOVAL, MEP

“The news about the verdict for Yulia Tymoshenko came exactly when the Ukrainian Foreign Minister Kostiantyn Hryshchenko was speaking at the meeting of the Committee on Foreign Affairs in the European Parliament. The Association Agreement is not related to Tymoshenko’s case. She emphasized that the signing of this document should not be postponed because of the trial. The point is that this case is important for many European countries. That is why if it comes to initialing the agreement in December there is no doubt that Tymoshenko’s verdict might delay signing of the document after it is translated into the EU languages. Of course, it will influence its ratification by the EU members. This verdict makes the atmosphere in the European Union worse. I hope it will not prevent from initialing the agreement.”

Iryna KALYNETS, poetess, dissident, activist of the Ukrainian national movement and human rights movement, Lviv:

“Every victory is a defeat and every defeat is a victory. I have to admit that Yulia won and she did with dignity! This is intuition and understanding of the situation. That is why I am saying that it is a victory. It is much better than if she would have won the elections since there would have been lethargy after that. There will not be lethargy anymore! As well as Tymoshenko will not stay in prison for a long time! You will recall my words… When the supreme responsibility steps on the stage, significant changes happen and people change, too: they become stronger, higher and able to overstep the mire we are in now. So, I think that we will soon feel the importance of this victory.”

Volodymyr PRYTULA, expert of the project “Crimean Political Dialog,” Simferopol:

“This verdict makes many people decide. It makes the Ukrainian political world black-and-white, at least for the nearest future: are you for this political regime or against, are you for the verdict or against it? It splits the society again. Of course, this verdict means worse relations with the EU. Ukraine has demonstrated that the government did not understand the main messages of all the European structures: one should be politically responsible for one’s political decisions and not criminally. It is clear that it does not damage Yanukovych’s regime that much but it damages Ukraine. Instead, a part of the opposition close to Tymoshenko might be interested in impeding the European integration process now.

“One thing is clear: it is time to change the political elites. Whatever our negative attitude towards Yulia Tymoshenko’s verdict is, this situation gives opportunities for the new people (even in Batkivshchyna) to fulfill themselves and the new political forces will have a possibility to show themselves as active opposition. Actually, Batkivshchyna has now got a chance to become a real political party and not a party of one leader.”

By Maria TOMAK, Olena YAKHNO, The Day