Politics
Ukraine Court Sentences Tymoshenko To Seven Years In Jail(VIDEO)
Reading Time: 4 minutesFormer Ukrainian Prime Minister Yulia Tymoshenko has been jailed for seven years and penalized tens of millions of dollars over abuse-of-office charges in a verdict the European Union says could have profound implications for relations.
By RFE/RL / KYIV — Former Ukrainian Prime Minister Yulia Tymoshenko has been jailed for seven years and penalized tens of millions of dollars over abuse-of-office charges in a verdict the European Union says could have "profound implications" for relations.
The accusations stem from a 2009 natural-gas deal Tymoshenko signed with Russia.
Judge Rodion Kireyev said Tymoshenko’s actions had caused the state damages amounting to 1.5 billion hryvna (some $190 million) and he fined her that amount.
In addition to her prison term, she will be barred from holding a government position for three more years.
As the lengthy verdict was being read out, there was angry reaction from thousands of Tymoshenko’s supporters who had gathered outside of the courtroom ahead of the ruling. Hundreds of police, many in riot gear, were deployed in Kyiv’s central Pechersk district to prevent violence. (See video below.)
Police said a dozen people were arrested.
‘Defend My Good Name’
Tymoshenko compared the verdict to the 1930s purges by Soviet dictator Josef Stalin, telling journalists she will file an appeal.
"We will fight and we will defend my good name in court," she said. "And I am confident that the European Court of Human Rights will make a legitimate, lawful decision.
"But today, this court has simply demonstrated that justice has been crushed in Ukraine — already after the constitution and your rights and freedoms had been crushed — and nobody in Ukraine can rely on [the court system]."
Tymoshenko — who came to international prominence as a leader of the 2004 Orange Revolution that doomed Yanukovych’s first bid to become Ukraine’s president — says the case is part of a political vendetta by Yanukovych, who narrowly defeated her in Ukraine’s 2010 presidential election.
European officials were unanimous in declaring the prosecution and conviction politically motivated and a gross miscarriage of the legal process.
EU foreign policy chief Catherine Ashton issued a sharply worded statement saying the bloc is "deeply disappointed" with the verdict and asserting the trial did not meet international judicial standards.
"The way the Ukrainian authorities will generally respect universal values and rule of law, and specifically how they will handle these cases, risks having profound implications for the EU-Ukraine bilateral relationship, including for the conclusion of the Association Agreement, our political dialogue, and our cooperation more broadly," the statement read.
Swedish Foreign Minister Carl Bildt posted on Twitter: "We have reacted strongly against the…sentence against Yulia Tymoshenko in Ukraine. This will endanger the entire relationship."
Before the ruling in Kyiv, the EU was expected to sign the Deep and Comprehensive Free Trade Area (DCFTA) deal and the Association Agreement with Ukraine before the end of the year. Those talks will continue, but it seems increasingly unlikely that the pacts would be ratified by the EU.
Speaking to reporters in Frankfurt, German Foreign Minister Guido Westerwelle said, “We can’t just act like nothing has happened and return to daily business.”
“I rely on the European Union finding a consolidated answer, because then Ukraine will understand," he said.
‘Selective’ Justice
In other reactions, Amnesty International called for Tymoshenko’s immediate release, saying she had been convicted of charges that are "not internationally recognizable offenses."
And Lithuanian Foreign Minister Audronius Azubalis, who holds the rotating chairmanship of the Organization for Security and Cooperation in Europe, called on Ukraine to demonstrate "the utmost transparency" in the appeals process. He reminded Kyiv that OSCE members "have a duty to uphold the rule of law" and avoid "the selective application of justice."
Ukraine will take over the OSCE chairmanship in 2013.
In a statement, the Russian Foreign Ministry deplored the "clear anti-Russian subtext of the entire episode."
It said Moscow "respects…the independence of the judicial system of Ukraine," but notes that "the leadership of many countries and global organizations views the entire judicial process as initiated exclusively on the basis of political motives."
Russian Prime Minister Vladimir Putin, who oversaw the signing of the 2009 gas deal, told reporters, “I don’t quite understand why [Tymoshenko] was sentenced to seven years."
But Ukrainian Foreign Minister Kostyantyn Hryshchenko said Moscow was expressing concern over the verdict because “they got [so] much from that deal that they would have never gotten from anyone else.”
Negative reaction to the verdict also came from Washington, where U.S. State Department spokesperson Victoria Nuland said, “We’ve certainly made clear our concerns to the Ukrainian government”:
"The United States is deeply disappointed with the conviction and sentencing of former Ukrainian Prime Minister Yulia Tymoshenko in a politically motivated prosecution," she added. "Her conviction raises serious concerns about the government of Ukraine’s commitment to democracy and the rule of law. We urge the government of Ukraine to free Ms. Tymoshenko and other political leaders and former government officials currently in detention."
In the wake of Tymoshenko’s sentencing, Kyiv said it might seek a way to mollify international critics.
Ukrainian President Viktor Yanukovych said on October 11 that the verdict "is not the final decision," noting that the defense plans to appeal.
He also said it is still unclear "in the framework of which legislation" the final decision will be made — an apparent reference to a bill currently in the Ukrainian parliament that could alter the situation surrounding the Tymoshenko trial.
Several versions of the bill offered by the opposition would have decriminalized the acts for which Tymoshenko was convicted, but those versions have been rejected.
Now the Verkhovna Rada is considering a version of the bill submitted by the Yanukovych administration that doesn’t make direct reference to the charges against Tymoshenko.
‘I Have Doubts’
European Parliament President Jerzy Buzek also expressed hope that the law will be amended to ameliorate the Tymoshenko case as it moves through the appeals process.
"I have doubts that this trial was fair, transparent, and truly independent," he said. "Ukraine is a great nation that deserves better. I hope the Criminal Code will be amended soon to be fully compatible with European standards."
Parliamentary deputy Mykola Tomenko, a member of Tymoshenko’s party, told RFE/RL’s Ukrainian Service the opposition might boycott upcoming elections if Tymoshenko and former Interior Minister Yuriy Lutsenko — detained in a similar investigation — are not allowed to participate.
And he echoed a call by Tymoshenko for demonstrations.
"The opposition will consider boycotting parliamentary elections if Tymoshenko and Lutsenko are not allowed to participate," he said. "I think that this will lead society to not only write on Facebook, but to be together with us today at the rally. Then, not only 5,000 people will participate, but 50,000 or 500,000. If there will be 50,000, then the situation will be different. So, my proposal is not to sit around surfing the Internet and drinking beer, but to be on the street when one has to protect democracy."
written by Rikard Jozwiak, Ron Synovitz, Robert Coalson, and Richard Solash with contributions from RFE/RL’s Ukrainian Service and agency reports
A new football club has earned a leading place in the UEFA Champions League groups and starred in the headlines of worldwide football news yesterday. The Football Club Sheriff Tiraspol claimed a win with the score 2-1 against Real Madrid on the Santiago Bernabeu Stadium in Madrid. That made Sheriff Tiraspol the leader in Group D of the Champions League, including the football club in the groups of the most important European interclub competition for the first time ever.
International media outlets called it a miracle, a shock and a historic event, while strongly emphasizing the origin of the team and the existing political conflict between the two banks of the Dniester. “Football club from a pro-Russian separatist enclave in Moldova pulls off one of the greatest upsets in Champions League history,” claimed the news portals. “Sheriff crushed Real!” they said.
Moldovans made a big fuss out of it on social media, splitting into two groups: those who praised the team and the Republic of Moldova for making history and those who declared that the football club and their merits belong to Transnistria – a problematic breakaway region that claims to be a separate country.
Both groups are right and not right at the same time, as there is a bunch of ethical, political, social and practical matters that need to be considered.
Is it Moldova?
First of all, every Moldovan either from the right or left bank of Dniester (Transnistria) is free to identify himself with this achievement or not to do so, said Vitalie Spranceana, a sociologist, blogger, journalist and urban activist. According to him, boycotting the football club for being a separatist team is wrong.
At the same time, “it’s an illusion to think that territory matters when it comes to football clubs,” Spranceana claimed. “Big teams, the ones included in the Champions League, have long lost their connection both with the countries in which they operate, and with the cities in which they appeared and to which they linked their history. […] In the age of globalized commercial football, teams, including the so-called local ones, are nothing more than global traveling commercial circuses, incidentally linked to cities, but more closely linked to all sorts of dirty, semi-dirty and cleaner cash flows.”
What is more important in this case is the consistency, not so much of citizens, as of politicians from the government who have “no right to celebrate the success of separatism,” as they represent “the national interests, not the personal or collective pleasures of certain segments of the population,” believes the political expert Dionis Cenusa. The victory of FC Sheriff encourages Transnistrian separatism, which receives validation now, he also stated.
“I don’t know how it happens that the “proud Moldovans who chose democracy”, in their enthusiasm for Sheriff Tiraspol’s victory over Real Madrid, forget the need for total and unconditional withdrawal of Russian troops from Transnistria!” declared the journalist Vitalie Ciobanu.
Nowadays, FC Sheriff Tiraspol has no other choice than to represent Moldova internationally. For many years, the team used the Moldovan Football Federation in order to be able to participate in championships, including international ones. That is because the region remains unrecognised by the international community. However, the club’s victory is presented as that of Transnistria within the region, without any reference to the Republic of Moldova, its separatist character being applied in this case especially.
Is it a victory?
In fact, FC Sheriff Tiraspol joining the Champions League is a huge image breakthrough for the Transnistrian region, as the journalist Madalin Necsutu claimed. It is the success of the Tiraspol Club oligarchic patrons. From the practical point of view, FC Sheriff Tiraspol is a sports entity that serves its own interests and the interests of its owners, being dependent on the money invested by Tiraspol (but not only) oligarchs.
Here comes the real dilemma: the Transnistrian team, which is generously funded by money received from corruption schemes and money laundering, is waging an unequal fight with the rest of the Moldovan football clubs, the journalist also declared. The Tiraspol team is about to raise 15.6 million euro for reaching the Champions League groups and the amounts increase depending on their future performance. According to Necsutu, these money will go directly on the account of the club, not to the Moldovan Football Federation, creating an even bigger gab between FC Sheriff and other football clubs from Moldova who have much more modest financial possibilities.
“I do not see anything useful for Moldovan football, not a single Moldovan player is part of FC Sheriff Tiraspol. I do not see anything beneficial for the Moldovan Football Federation or any national team.”
Is it only about football?
FC Sheriff Tiraspol, with a total estimated value of 12.8 million euros, is controlled by Victor Gusan and Ilya Kazmala, being part of Sheriff Holding – a company that controls the trade of wholesale, retail food, fuels and medicine by having monopolies on these markets in Transnistria. The holding carries out car trading activities, but also operates in the field of construction and real estate. Gusan’s people also hold all of the main leadership offices in the breakaway region, from Parliament to the Prime Minister’s seat or the Presidency.
The football club is supported by a holding alleged of smuggling, corruption, money laundering and organised crime. Moldovan media outlets published investigations about the signals regarding the Sheriff’s holding involvement in the vote mobilization and remuneration of citizens on the left bank of the Dniester who participated in the snap parliamentary elections this summer and who were eager to vote for the pro-Russian socialist-communist bloc.
Considering the above, there is a great probability that the Republic of Moldova will still be represented by a football club that is not identified as being Moldovan, being funded from obscure money, growing in power and promoting the Transnistrian conflict in the future as well.
Photo: unknown
Prime Minister of the Republic of Moldova, Natalia Gavrilita, together with Deputy Prime Minister and Minister of Foreign Affairs, Nicu Popescu, pay an official visit to Brussels, between September 27-28, being invited by High Representative of the European Union for Foreign Affairs and Security Policy, Josep Borrell Fontelles.
Today, Prime Minister had a meeting with Charles Michel, President of the European Council. The Moldovan PM thanked the senior European official for the support of the institution in strengthening democratic processes, reforming the judiciary and state institutions, economic recovery and job creation, as well as increasing citizens’ welfare. Natalia Gavrilita expressed her confidence that the current visit laid the foundations for boosting relations between the Republic of Moldova and the European Union, so that, in the next period, it would be possible to advance high-level dialogues on security, justice and energy. Officials also exchanged views on priorities for the Eastern Partnership Summit, to be held in December.
“The EU is open to continue to support the Republic of Moldova and the ambitious reform agenda it proposes. Moldova is an important and priority partner for us,” said Charles Michel.
Prime Minister Natalia Gavrilita also met with Paolo Gentiloni, European Commissioner for Economy, expressing her gratitude for the support received through the OMNIBUS macro-financial assistance program. The two officials discussed the need to advance the recovery of money from bank fraud, to strengthen sustainable mechanisms for supporting small and medium-sized enterprises in Moldova, and to standardize the customs and taxes as one of the main conditions for deepening cooperation with the EU in this field.
Additionally, Prime Minister spoke about the importance of the Eastern Partnership and the Deep Free Trade Agreement, noting that the Government’s policies are aimed at developing an economic model aligned with the European economic model, focused on digitalization, energy efficiency and the green economy.
A common press release of the Moldovan Prime Minister with High Representative of the European Union for Foreign Affairs and Security Policy/Vice-President of the Commission, Josep Borrell Fontelles, took place today, where the agenda of Moldova’s reforms and the main priorities to focus on in the coming months were presented: judiciary reform; fighting COVID-19 pandemic; promoting economic recovery and conditions for growth and job creation; strengthening state institutions and resilience of the country.
“I am here to relaunch the dialogue between my country and the European Union. Our partnership is strong, but I believe there is room for even deeper cooperation and stronger political, economic and sectoral ties. I am convinced that this partnership is the key to the prosperity of our country and I hope that we will continue to strengthen cooperation.”
The Moldovan delegation met Didier Reynders, European Commissioner for Justice. Tomorrow, there are scheduled common meetings with Oliver Varhelyi, European Commissioner for Neighborhood and Enlargement, Adina Valean, European Commissioner for Transport and Kadri Simson, European Commissioner for Energy.
Prime Minister will also attend a public event, along with Katarina Mathernova, Deputy Director-General for Neighbourhood Policy and Enlargement Negotiations.
Photo: gov.md
Politics
Promo-LEX about Maia Sandu’s UN speech: The president must insist on appointing a rapporteur to monitor the situation of human rights in Transnistria
The President of the Republic of Moldova, Maia Sandu, pays an official visit to New York, USA, between September 21-22. There, she participates in the work of the United Nations General Assembly. According to a press release of the President’s Office, the official will deliver a speech at the tribune of the United Nations.
In this context, the Promo-LEX Association suggested the president to request the appointment of a special rapporteur in order to monitor the situation of human rights in the Transnistrian region. According to Promo-LEX, the responsibility for human rights violations in the Transnistrian region arises as a result of the Russian Federation’s military, economic and political control over the Tiraspol regime.
“We consider it imperative to insist on the observance of the international commitments assumed by the Russian Federation regarding the withdrawal of the armed forces and ammunition from the territory of the country,” the representatives of Promo-LEX stated. They consider the speech before the UN an opportunity “to demand the observance of the Universal Declaration of Human Rights by the Russian Federation with reference to this territory which is in its full control.”
“It is important to remember about the numerous cases of murder, torture, ill-treatment, forced enlistment in illegal military structures, the application of pseudo-justice in the Transnistrian region, all carried out under the tacit agreement of the Russian Federation. These findings stem from dozens of rulings and decisions issued by the European Court of Human Rights, which found that Russia is responsible for human rights violations in the region.”
The association representatives expressed their hope that the president of the country would give priority to issues related to the human rights situation in the Transnistrian region and would call on relevant international actors to contribute to guaranteeing fundamental human rights and freedoms throughout Moldova.
They asked Maia Sandu to insist on the observance of the obligation to evacuate the ammunition and the military units of the Russian Federation from the territory of the Republic of Moldova, to publicly support the need for the Russian Federation to implement the ECtHR rulings on human rights violations in the Transnistrian region, and to request the appointment of an UN Human Rights Council special rapporteur to monitor the human rights situation in the Transnistrian region of the Republic of Moldova.
**
The Promo-LEX Association concluded that 14 out of 25 actions planned within the National Action Plan for the years 2018–2022 concerning respecting human rights in Transnistria were not carried out by the responsible authorities.
The association expressed its concern and mentioned that there are a large number of delays in the planned results. “There is a lack of communication and coordination between the designated institutions, which do not yet have a common vision of interaction for the implementation of the plan.”
Promo-LEX requested the Government of the Republic of Moldova to re-assess the reported activities and to take urgent measures, “which would exclude superficial implementation of future activities and increase the level of accountability of the authorities.”
Photo: peacekeeping.un.org
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