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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

Hans-Jurgen HEIMSOETH: “I am still convinced that Ukraine will sooner or later have rule of law”

19 April, 2012 - 00:00
Photo by Kostiantyn HRYSHYN, The Day

If a competition were held for the most socio-politically active diplomatic mission in Ukraine, the Embassy of the Federal Republic of Germany would surely be among the winners. For a start, Ambassador Hans-J rgen Heimsoeth recently started his own blog in Ukrainska Pravda, which can in itself be called an unconventional action.

The embassy regularly holds all kinds of forums, round tables, conferences, and panel discussions on a wide range of issues. In February, for example, the embassy hosted a major debate on the new Code of Criminal Procedure in which leading German and Ukrainian lawyers, MPs and law professors participated.

However, the media have hyped an entirely different event: the recent lecture “Stepan Bandera: the Life and Memory of a Ukrainian Revolutionary Ultranationalist” by the young German historian Grzegorz Rossolinski-Liebe. To put it mildly, this lecture triggered a very mixed reaction. Ukrainians abroad have even demanded that the embassy apologize: they claim that the lecturer is insufficiently qualified (he is still a student), and even “quite a loud-mouthed extremist.”

Mr. Heimsoeth wrote in his blog at the time: “It is relatively easy to be tolerant if I share the other person’s opinion. It is far more difficult when there are different viewpoints. And it is really problematic when the debate is being held in public.”

Whatever the case, the German side cannot be accused of indifference. Ukraine and Germany do matter to each other, and that is what this is all about.

German doctors have been in the spotlight of Ukrainian political life over the past few days. They may be coming to Ukraine any day now to examine conditions at Kharkiv’s Central Railway Clinical Hospital No. 5 where Yulia Tymoshenko, now serving a term at the Kachanivska prison, is to receive treatment. The Berlin Charit Clinic’s website had announced that this medical institution is offering to treat the Ukrainian former prime minister. On this subject we began our conversation with Hans-J rgen HEIMSOETH, German Ambassador to Ukraine. [The interview took place a week ago. – Ed.]

Ambassador, for two weeks now one of the central topics of the headlines in the Ukrainian media has been the possible treatment of opposition leader Yulia Tymoshenko at the Charit Clinic. Last Friday Deputy Prosecutor General Renat Kuzmin confirmed in a talk show on the TV channel Inter that Germany and Ukraine were negotiating medical treatment for Tymoshenko.

“Yes, Charit doctors have made this suggestion. They will come to Ukraine again on Friday, April 13. Representatives of the governments of Germany and Ukraine have already held talks. As a result, an agreement was reached to explore the possibility of this treatment. In my view, this is quite possible if there is a political will to this effect.”

In principle, it is unprecedented that a convict should receive treatment abroad. Can there be any legal grounds for this?

“Ukraine is a Council of Europe member, and, in my opinion, Article 39 of the Rules of the European Court of Human Rights and an ECtHR provisional ruling may lay the groundwork here. On the other hand, the same opportunity may arise if the Code of Criminal Procedure is reformed, which would require political will. But this is, of course, up to the Ukrainian leadership and lawmakers.”

Renat Kuzmin said at the same talk show that prosecutors were checking information about Tymoshenko’s likely implication in the murder of Shcherban and two more people…

“I think one must distinguish between two things here: on the one hand, medical treatment (in which case the humanitarian aspect should be taken into account) and on the other hand, legal procedures.

“I think that, in view of the pain she is undoubtedly suffering, her treatment remains the number-one question.”

The Parliamentary Assembly of the Council of Europe has supported the possibility of imposing sanctions on Ukraine. Do you think things will go that far?

“Our main goal is Ukraine’s further integration into the network of European states. For this reason, I consider it questionable to discuss the possibility of imposing sanctions, even more so as it is not clear what this means and whether these sanctions will affect the Ukrainian populace.”

If I am not mistaken, a German MEP was the first to use the expression “individual sanctions” last year. Will Germany opt for individual sanctions against the regime’s officials if they fail to follow PACE guidelines?

“The possibility of introducing individual sanctions is being discussed in a number of European countries. But, as you know, in Europe far-reaching decisions of this kind are taken jointly, with the participation of all the countries concerned.

“In principle, anything is possible, but, one has to make sure that it serves the right purpose.”

When and under what circumstances can Viktor Yanukovych and Angela Merkel meet?

“There is no immediate reason for them to do so. Should Germany qualify for the Euro-2012 final match, then such a reason may arise.”

You run a blog in Ukrainska Pravda, which is rather unusual for an ambassador. What made you take this step?

“In fact, the British ambassador was the first to do so. He still continues his blog to this day and has made far more entries than I have.

“I have come to the conclusion that many of the things that worry us in Germany are unknown here. Many problems are tackled differently. So I view my blog as an opportunity to convey an opinion from Germany to the politically interested reader.”

You wrote in one of your blog posts that the Constitutional Court of Ukraine had failed to prove its independence and that almost all of its rulings are in favor of the government.

“I am still convinced that Ukraine will sooner or later have rule of law and people will recognize that the legal framework exists not only for enforcing the law but also for protecting the citizen against the authorities. This is of utmost importance in the post-Soviet states where the protection of civil and human rights is at a low level. We all know that Rome was not built in a single day. Ukraine is a country in transition on which a difficult historical legacy has left its imprint. But I would like to see the judiciary and the law-enforcement agencies showing more courage.”

You may have heard the saying: “Where there are two Ukrainians, there are three hetmans.” Ukrainian democrats are now trying to overcome this stereotype and unite. Front of Changes and Fatherland are going to the polls with a joint list. What is your take on these processes?

“Ukrainian sayings always contain a grain of truth, perhaps even more than just a grain.

“I hope very much that the Ukrainian opposition will manage to unite on a common basis into if not one, then two or at the most three blocks. However, the important question is what it is they will unite for and on which issues. If they were to unite on an independent judiciary, for example, this could send a very important message.

“It is important to keep the balance. On the one hand, it is necessary to address the issues people care about and to show one can bring about change. On the other hand, one must not fall into sheer populism. One has to be honest with people and explain why some painful steps are necessary.

“I will give you an example. The government of Ukraine subsidizes cheap energy for private households and local heating plants to the tune of 10.7 billion US dollars. This is ostensibly being done in the interest of the socially disadvantaged. But if you look at the details, it is not so clear who really benefits. In other words, there are many areas where the opposition could make a difference.”

Europe is also demanding that Ukraine raise the price for household gas. It is a really sore point. What other painful steps do you think Ukraine should take?

“There is something everybody suffers from, but is involved in as a system. I am talking, of course, about corruption. It does not have to last forever. The problem should be addressed at all levels. It is not enough to punish civil servants. It is also necessary to take a close look at public procurement, license issuing and privatisation. And one has to start with education, from early childhood, so that the evil of corruption is understood at a genetic level.

“Germany is known to be environmentally conscious. The relevant education begins in primary school. And politicians are supposed to act as role models.”

Our boxer Vitali Klitschko is very popular in Germany. Now he seems to be a Ukrainian politician rather than a boxer. What do you think about his first steps as a national politician?

“I believe he has a very good and important political feature: credibility. I hope he will manage to focus fully on politics in which case he will achieve success. And I hope he will pick a team that will manage to ensure high ratings for him and work efficiently in order to fulfil the necessary tasks.”

The magazine Stern decided to find out who Germans look to as role models. The current chancellor Angela Merkel came third, the TV host G nther Jauch was second, and the former chancellor Helmut Schmidt topped the list. Why him? What is it that makes this man attractive to Germans?

“He is now over 90, a person grown wise by his experience of life. I must say he was not a typical politician. People felt that holding power was not an end in itself for him. And that is what finally happened – one day he lost his office as Chancellor.

“I was pleased to see that in Ukrainian bookstores one can find the Ukrainian translation of a book that includes conversations between Helmut Schmidt and the German-Amercian historian Fritz Stern. I can only wish this book as many readers in Ukraine as possible. This book is an excellent opportunity to meet two very wise men.”

Incidentally, a German writer is now in the spotlight of a scandal. G nter Grass has been pronounced persona non grata in Israel. In one of his poems he harshly criticized Israel’s policy towards Iran. Some Germans are criticizing him and saying that his allegations are absurd, others, on the contrary, are defending him – Israel should take a more tolerant attitude to criticism. I wonder what your viewpoint is. Whose side are you on?

“Unfortunately, G nter Grass has gone on record for his political utterances rather than his literary activities in the past few years. I am very attached to his earlier works, such as Cat and Mouse and The Tin Drum. Incidentally, The Tin Drum is now available in Ukrainian.”

I think I’ll read it. And what do you think about his political statements?

“In my view, they lack a sense of proportion. His political assessments always end up in my waste paper basket.”

It was interesting to learn that chancellor Angela Merkel lives in an ordinary apartment in downtown Berlin. Have you ever visited our president in Mezhyhiria? Would you like to visit it?

“(Smiles.) I have not yet been there, so I cannot judge on that. I do not believe all that I see and read in newspapers. What really matters for me are the issues discussed in meetings with people holding a political office in Ukraine. And it does not matter where they occur.”

You have been at the head of the German diplomatic mission in this country for almost four years. What did you like and what shocked you? I know that many foreigners are shocked at the number of expensive cars on the streets of Kyiv. Incidentally, there are some true masterpieces of the German car-making industry among them.

“You know, I was German consul-general in New York from 2005 to 2008 and I must admit that there are more Maybachs in Kyiv than over there.

“There is a huge number of things in Ukraine that I like and love. This list is very long. Maybe, I will publish it someday.

“But what shocks me here is, the abuse of power for personal economic gain and also the use of the legal system for persecuting opposition politicians.”

And society is taking quite a tolerant attitude to this…

“Indeed, this inertia surprises me at times. On the other hand, many Ukrainians once they have a position are only too willing to be part of the game.”

Let us switch to a more pleasant subject – Euro-2012. As is known, the German team will be playing in Lviv and Kharkiv. Do you expect German fans will come in large numbers to Ukraine?

“Absolutely! (in Ukrainian.) You know perhaps that all the 12,000 tickets made available to the German Soccer Federation for the matches in Lviv have already been sold. Fans are now looking for other opportunities to acquire tickets, and we expect a five-digit number of soccer enthusiasts to arrive in Lviv.

“Kharkiv is situated a bit further away, but will also host a very interesting match. But Kharkiv today is associated with politically motivated trials of opposition politicians.”

And have you acquired tickets yet or will you be allowed in without any?

“I have acquired several tickets for the matches in which the German team will not be playing. And I will get tickets for the games where our national team will be playing ex officio from the German Soccer Federation.”

By Olena YAKHNO, The Day
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