INSIDE:• Ukraine restricts imports of used cars — page 2. • Profiles of candidates for the Verkhovna Rada — page 3. • Wrap-up of Ukraine’s participation in the Winter Olympics — page 9. Published by the Ukrainian National Association Inc., a fraternal non-profit association Vol. LXVI HE KRAINIANNo. 9 THE UKRAINIAN WEEKLY SUNDAY, MARCH 1, 1998 EEKLY$1.25/$2 in Ukraine DemjanjukT regainsU U.S. citizenship Ukraine andW Russia initial by Roma Hadzewycz Trawniki findings.” economic cooperation pact He cited a November 1993 ruling in the PARSIPPANY, N.J. — John Demjanjuk extradition portion of the Demjanjuk case, by Roman Woronowycz countries,” said the Russian prime minis- has regained his U.S. citizenship, thanks to in which the 6th Circuit Court of Appeals Kyiv Press Bureau ter. a February 20 ruling by a federal judge who held that “the OSI attorneys acted with reversed Demjanjuk’s 1981 denaturaliza- Prime Minister Pustovoitenko said the reckless disregard for the truth and for the KYIV — Ukraine and Russia agreed pact addresses a wide array of aspects of tion, citing fraud on the part of U.S. govern- government’s obligation to take no steps to a 10-year comprehensive economic ment prosecutors. economic cooperation, including “cooper- that prevent an adversary from presenting cooperation pact on February 20 that ation in broadening trade markets, draft- Judge Paul R. Matia of the U.S. District his case fully and fairly. This was fraud on they hope will more than double trade Court for the Northern District of Ohio, ing of proposals to set up transnational the court in the circumstances of this case between the two neighbors by 2007. structures, and development of new joint Eastern Division, wrote that attorneys of where, by recklessly assuming The agreement was initialed by programs to broaden cooperation in joint the U.S. Justice Department’s Office of Demjanjuk’s guilt, they failed to observe Ukraine’s Prime Minister Valerii production.” Special Investigations (OSI) “acted with their obligation to produce exculpatory Pustovoitenko and his Russian counter- The agreement, which some politicians reckless disregard for their duty to the materials requested by Demjanjuk.” part, Viktor Chernomyrdin, after a two- have labeled an economic union, calls for court and their discovery obligations” in Referring to new examples of evidence day series of meetings in Kyiv. President a reduction of customs barriers, the sim- failing to disclose evidence to the not disclosed to the defense — information Leonid Kuchma of Ukraine was to for- plification of customs procedures in reci- Demjanjuk defense. that was revealed in this proceeding — mally sign the agreement with Russian procal trade; the standardization of mutu- Ed Nishnic, spokesman for the Judge Matia wrote, “this behavior consti- President Boris Yeltsin during a four-day al customs procedures for transport, Demjanjuk family, said: “We are thankful tutes further fraud upon the court.” state visit to Russia that began on export and import of goods; and standard- for the court and its ruling for reinstate- The new information includes docu- February 26. ization of customs freight declarations. ment of Mr. Demjanjuk’s citizenship. mentation referring to a February 1980 “It reflects most fully the vital needs The 10-page document also calls for: We’re carefully reviewing this decision interview with Jacob Reimer, an ethnic of our economies; the economic com- creating conditions for “open and honest and deciding on what our next steps will German who served as a clerical official at plexities and the interests of our nations,” competition” in trade and regulation of be.” Trawniki, and the Dorofeev Protocols Mr. Pustovoitenko told journalists after natural monopolies; developing a closer Mr. Nishnic, who is a son-in-law of Mr. received from the USSR in 1980, which the initialing ceremony. conceptual approach in restructuring the Demjanjuk, also said: “This is welcome include the statements of five Soviet citi- Mr. Chernomyrdin noted that it is the economies of both countries, stimulation news to the family. This has been a 21-year zens who served at Trawniki. first comprehensive agreement of such a of business and increasing investment for legal nightmare, and when we got word of The Demjanjuk defense first became nature to be signed between two CIS its expansion; jointly developing of the decision it was like waking up after the aware of the Reimer documentation in states, and another step forward in inroads into science and new technolo- nightmare. Now we are back to an even 1996, according to Mr. Nishnic. It knew of improved Ukrainian-Russian relations. gies; increasing the quality and competi- playing field.” the Dorofeev Protocols in May 1981 — “It is a big stride forward since the pro- tiveness of manufactured products; The issues before the court after all the evidence had been heard in the gram concerns all the main aspects of denaturalization portion of the govern- economic relations between the two (Continued on page 5) As Judge Matia wrote in introduction to ment’s case against Mr. Demjanjuk — and his decision, the court did not consider “the then unsuccessfully attempted to file a substance of this case: whether the defen- motion for a mistrial. dant was a guard at Trawniki or whether he In vacating the denaturalization order of Former ambassador to Ukraine did anything else that would have disquali- June 23, 1981, Judge Matia also consid- fied him as a candidate for United Sates ered whether any sanctions should be predicts leftist gains in elections citizenship.” applied. There were two possibilities: dis- The issue was procedure: “whether cer- missing the case with prejudice, or dis- by Yaro Bihun months, and the government and interna- tain actions (or inactions) by the govern- missing it without prejudice. If no sanc- Special to The Ukrainian Weekly tional financial institutions appear unable ment denied Demjanjuk information or tions were imposed, the denaturalization to solve these problems. material which he was entitled to receive case would have remained pending further WASHINGTON — William Green These conditions and the new electoral pursuant to court discovery orders, whether proceedings. Miller, who returned here in January after law will affect election results, he said. such conduct by the government consti- Judge Matia wrote: “The court believes four years as the U.S. ambassador to “How the parties will shake out even in tutes fraud upon the court and, if so, what that simply vacating the judgment is not a Ukraine, says that leftist parties are this past month is not at all certain,” he the appropriate sanction should be.” sufficient sanction in light of the magni- expected to gain some seats in the March said. The Communists, Socialists and The judge’s ruling referred to two por- tude of the offense. Doubt cast upon the 29 elections to the Verkhovna Rada, but Agrarians “will do reasonably well” due tions of the case against Mr. Demjanjuk: fairness of one judicial proceeding infects not the two-thirds votes needed to domi- to their organizational strength, Mr. Miller the Treblinka portion, in which Mr. the whole justice system. Such behavior, nate the legislature. said. Most analysts expect them to pick up Demjanjuk was accused of being the noto- whether or not intentional, must not be tol- Ambassador Miller shared his views on more seats, but not enough to get a con- rious Treblinka death camp guard known erated. The sanction for it must be appro- the upcoming elections during a February trolling two-thirds of the Rada, he added. as “Ivan the Terrible”; and the Trawniki priately severe. Yet, in fashioning a 11 discussion organized by the American- Ambassador Miller pointed to “one portion, in which the OSI alleged that the response, a court must be vigilant that it Ukrainian Advisory Committee of the important variant” in the pre-election former Cleveland autoworker was at the not allow unspeakable horrors to go Center for Strategic and International analyses: the alliance between the leftists Trawniki training camp for guards. unpunished in the name of preserving the Studies. and former Prime Minister Pavlo Mr. Demjanjuk’s lawyers argued that abstract principle of justice.” He said the election campaign to the Lazarenko’s well-financed Hromada the fraud committed in the Treblinka por- He explained: “Just as the government Verkhovna Rada is heavily influenced by Party. tion of this case was so substantial and per- should not be able to profit from its misbe- the example of the Duma elections in “If the coalition between [Socialist vasive that any examination of whether it havior, neither should a defendant be insu- Russia, which saw a shift to the left leader Oleksander] Moroz and Lazarenko tainted the Trawniki portion of the allega- lated from the consequences of his alleged because of widespread dissatisfaction with and the Communist leaders hold, they tions was unnecessary. The U.S. govern- moral turpitude because he becomes the the results of change and reforms. could be in a dominant, overwhelming ment, on the other hand, argued that Mr. inadvertent beneficiary of sanctions against These same problems and discontent position constitutionally, and they could Demjanjuk’s alleged service as a guard at the government.” are evident in Ukraine, he said, where the make life very difficult for the presidency the Trawniki training camp and misrepre- Thus, Judge Matia chose to dismiss the transition from the old Soviet system has — for [Leonid] Kuchma personally, and sentation concerning that service were case without prejudice, which means that been difficult and the benefits of the for the power of the president as an insti- grounds for denaturalization unaffected by the U.S. government could reopen a case change are not yet evident enough for the tution — through the two-thirds amend- the fraud in the Treblinka portion.