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The Tymoshenko Trial: a Circus at the Court

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The Tymoshenko Trial: a Circus at the Court INSIDE: l Could elections be democratic without Tymoshenko? – page 3 l Dancers from Ukraine at Folk Life Festival in D.C. – page 10 l Whippany, N.J., parish breaks ground for new church – page 11 THEPublished U by theKRAINIAN Ukrainian National Association Inc., a fraternal W non-profit associationEEKLY Vol. LXXIX No. 29 THE UKRAINIAN WEEKLY SUNDAY, JULY 17, 2011 $1/$2 in Ukraine D.C. think tanks hold conference The Tymoshenko trial: on future of governance in Ukraine a circus at the court by Yaro Bihun focused on the prosecution of opposition Special to The Ukrainian Weekly political figures, most notably, former Prime Minister Yulia Tymoshenko. WASHINGTON – Developments in The vice-minister candidly admitted Ukraine and what its future will bring that Ukraine “is never boring.” As for have been a topic of some interest in the seeking the prosecution of political fig- U.S. capital for some time, and a recent ures, he said, it was part of a wider cam- daylong conference organized by three paign of fighting corruption in Ukraine leading think tanks has raised that interest regardless of the party affiliation of those to a new level. accused. It is part of the difficult and The conference – “Ukraine’s Future: long-overdue political and economic Challenges and Impact of Governance in reform process initiated by the Ukraine” – was arranged by the Atlantic Yanukovych government, which was Council, the Brookings Institution and ignored by previous administrations, he the Peterson Institute for International said. Economics, which hosted the event on In the area of foreign policy, Mr. July 7. It drew close to 300 participants – Klimkin said the government is continu- for the most part international affairs ing its goal of being accepted into the experts, government officials, diplomats, European community – a process that economists, scholars, journalists and requires many domestic reforms of prob- other professionals – as well as represen- lem areas resulting from what he called tatives of Ukrainian American and other Ukraine’s Soviet “legacy.” interested ethnic groups. On the positive side, he said, is the fact The program began with an hour-long that Ukraine is a European country – not conversation with Ukraine’s Vice- only geographically, but historically and UNIAN/Aleksandr Prokopenko Minister of Foreign Affairs Pavlo mentally as well – and eventually there Yulia Tymoshenko and her lawyer Mykola Tytarenko at Kyiv’s Pechersk District Klimkin. It was followed by two 90-min- will be a convergence of values. Court on July 11. ute panel discussions by experts – the This European goal, Mr. Klimkin said, first dealing with the challenges of gover- does not interfere with the necessary by Mark Raczkiewycz be taken to a hospital. nance in Ukraine and the other on its improvement of Ukraine’s important Special to The Ukrainian Weekly President Viktor Yanukovych’s fiercest impact on Ukraine’s economy and for- political and economic relationship with political rival is facing up to 10 years in eign relations. Zbigniew Brzezinski, the Russia, which, he stressed, should be KYIV – The televised trial of embat- prison for what appears to be making a former U.S. national security advisor and based on cooperation and not “integra- tled former Prime Minister Yulia political decision: signing a gas deal in now counselor and trustee of the Center tion.” Tymoshenko for alleged abuse of office 2009 with Russia that was widely praised for Strategic and International Studies, has turned into a circus. by the international community and Challenges of governance concluded the conference with his analy- Events inside the courtroom have bol- ended a bitter standoff with Russia that sis. The first panel discussion, chaired by stered claims that the trial, which began saw gas supplies disrupted to Europe. Introducing Vice-Minister Klimkin, the Peterson Institute’s Senior Fellow on July 4, is politically motivated. The deal also removed the murky gas Steven Pifer, former U.S. ambassador to Anders Aslund, began with some candid Fueled by suspicions that the judge is trading company RosUkrEnergo as an Ukraine and now a senior fellow at the criticism by Freedom House President not independent, Ms. Tymoshenko has intermediate company, establishing direct Brookings Institution, pointed to some of David Kramer of the Ukrainian adminis- repeatedly refused to stand up before contractual relations between state-owned Ukraine’s problem areas, particularly tration’s behavior and the lack of an him. “[There are] illegal actions taking Naftohaz Ukrainy and Russia’s Gazprom. those that have come to the fore during effective response by the West. place now. I do not stand up before the Specifically, prosecutors allege Ms. the administration of President Viktor court because it is the only remedy,” she Tymoshenko, who earned herself the Yanukovych, which most recently have (Continued on page 16) said on July 11. nickname “gas princess” in the mid- On the same day Judge Rodion Kiriyev 1990s when she ran United Energy of Kyiv’s Pechersk District Court ordered Systems, a natural gas importer, didn’t special police units to remove from the consult her Cabinet when signing the gas courtroom a member of Parliament from deal and agreed to a much higher price Ms. Tymoshenko’s eponymous political for gas that “sold out national interests.” bloc because of heckling. As a result, prosecutors say she caused Even worse were the events of July 6 the state $190 million in damages. when Judge Kiriyev ordered Ms. Ms. Tymoshenko, 50, denies the accu- Tymoshenko and her supporters to be sations. She is also facing charges in removed from the courtroom for disturb- pending cases that she misspent nearly ing order. The order came after the judge $300 million Ukraine received in Kyoto ejected a Tymoshenko supporter for Protocol funds and of wrongfully pur- being disruptive. Ms. Tymoshenko then chasing 1,000 Opel Combo vehicles for said to Judge Kiriyev, “You are not a use by rural doctors. judge, you are a monster.” Police escort- Meanwhile Ms. Tymoshenko has hired ed the opposition leader out of the court- the American law firm Covington & room. Burling to investigate the government’s And because of the voluminous 5,000- alleged findings of wrongdoing. page case against her, according to Ms. “Their conclusions regarding the Yaro Bihun Tymoshenko, her lawyer was given only charges against Yulia Tymoshenko… Dr. Zbigniew Brzezinski suggests that Russia may well learn how to build its future a few days to prepare for the hearing. On by following the example of Ukraine — its “older brother,” as he phrased it. July 8 attorney Mykola Tytarenko had to (Continued on page 20) 2 THE UKRAINIAN WEEKLY SUNDAY, JULY 17, 2011 No. 29 ANALYSIS Government prepares public opinion Yulia files complaint at European Court he said that no member of the presidential administration had currently tried to for possible sales of Naftohaz assets KYIV – Former Prime Minister Yulia impose his or her vision of the concept of Tymoshenko, against whom four criminal a new Constitution. “What we will pro- cases have already been opened in by Vladimir Socor es has found Ukraine ill-prepared to pose may not please the president or the Ukraine, has lodged a complaint at the cope with the resultant hikes in the Parliament that will adopt this Eurasia Daily Monitor European Court of Human Rights regard- price of Russian gas. Constitution. But for us to be honest and ing the illegality of her prosecution. The Ukrainian Prime Minister Viktor Politically, the Ukrainian president open to the people, all the members of the text of the complaint was posted on Ms. Yanukovych hinted on July 8 at an and government must take the interests Constitutional Assembly will sign and Tymoshenko’s official website on July 13. imminent vote in the Verkhovna Rada to of two gas-consuming constituencies give a written document saying what they allow the sale of assets from Naftohaz into account: the interests of energy- She is accused by Ukrainian prosecutors agree with, and what they do not agree Ukrainy to foreign investors. Mr. intensive industry at all times, and of abuse of office in signing gas supply with,” Mr. Kravchuk said. “This will Yanukovych did not name these, but household consumers’ interests at pre- contracts with Russia in 2009. According enable citizens to see what kind of text to the case materials, Ms. Tymoshenko, alluded to Gazprom. Indeed, explorato- election time. was drafted by the Constitutional when signing agreements on gas supplies ry discussions have taken place exclu- Parliamentary elections are due in Assembly and what kind of text was with Russia in 2009, caused over 1.5 bil- sively with the Russian government and 2012, and the ruling team’s political rat- passed by Parliament,” he said. The for- lion hrv (over $188 million U.S.) in losses Gazprom about corporate investment in ing is plummeting. In these circum- mer president also said that the priorities to the state. Two more criminal cases Ukraine’s gas transit system (Pravda stances, the government has made clear in drafting the new wording of the opened against Ms. Tymoshenko concern Ukrainy, July 8; Interfax-Ukraine, July that it will continue subsidizing house- Constitution would be human rights, rath- the purchase of Opel cars as ambulance 8, 9). hold gas consumption. This practice er than the wishes of a certain leader. vehicles and the alleged misuse of funds Until most recently, the Ukrainian deprives Naftohaz of revenues, consign- (Ukrinform) government and President Yanukovych ing it to de facto insolvency and neces- received from the sale of Ukrainian quo- himself had resisted proposals for a sitating either external borrowing or tas under the Kyoto Protocol. A fourth Opposition preps for 2012 elections “merger” of Naftohaz (in whole or in criminal case has recently been opened asset sell-offs to Russia to finance the KYIV – Ukrainian opposition forces part) with Gazprom, as Moscow gas transit system’s upgrade.
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