The Tymoshenko and similar cases are part of a widespread and deep-rooted problem in Ukraine, says Bjørn Engesland, Secretary General of the Norwegian Helsinki Committee (NHC). Even though Ukrainian officials portray the cases as anti-corruption, they clearly form part of a pattern of selective justice and political influence over the judiciary. It is important that Norway and other European governments and institutions step up to pressure to end these practices.

Politically motivated case

The Tymoshenko case shows how polarized Ukrainian politics is, Engesland underlines. The current regime under President Viktor Yanukovych seems ready to manipulate the law and the judiciary in order to get rid of political opponents. This is alarming ahead of parliamentary elections scheduled to take place on 28 October

A complaint by Tymoshenko is pending before the European Court of Human Rights, “alleging that her criminal prosecution and detention were politically motivated, that there has been no judicial review of the lawfulness of her pre-trial detention, and that her detention conditions are inadequate, with no medical care provided for her health problems”. In a recent development, Tymoshenko claimed that she had been beaten by prison guards in the Kachanivska penal colony in Kharkiv during a forced move to hospital on Friday 20 April. Nina Karpachyova, the Ukrainian Parliament’s human rights ombudsperson, confirmed that Tymoshenko was bruised.

On 26 April Thorbjørn Jagland, Secretary General of the Council of Europe, issued the following statement: “I am extremely concerned about the reports that Yulia Tymoshenko was beaten up in prison. It is in the interest of the Ukrainian Government to make sure these claims are investigated in a credible and transparent manner and, if necessary, prosecuted… On 15 March, the Court requested the Ukrainian Government to provide clarifications in order to establish whether Ms Tymoshenko is receiving adequate medical treatment in an appropriate medical institution. The Court is now assessing the situation. We hope that this assessment will be made public in the coming days”.

EU Reaction 

The case has been the focus of strong reactions by the EU, the Council of Europe, several European governments, and the US. The EU is even conditioning further progress on negotiations on an Association Agreement with Ukraine on legal amendments resulting in the release of Tymoshenko.

Both Catherine Ashton, the EU High Representative for Foreign Affairs and Security Policy, and Štefan Füle, the EU Enlargement Commissioner, reacted strongly. According to the Commissioner, “it was crucial for Ukraine to demonstrate a solid commitment to the rule of law and democratic values in order to facilitate further steps towards the signature and ratification of the Association Agreement”.

In addition to that, Lithuanian President Dalia Grybauskaitė has stated that her Ukrainian counterpart Viktor Yanukovych had promised she could visit Ukraine’s jailed opposition leader Yulia Tymoshenko in hospital this week. “It seems likely that she will be moved to Kharkiv hospital tomorrow”, following German efforts on her behalf, Grybauskaitė told journalists in Vilnius. Grybauskaitė said she had discussed Tymoshenko’s case in a telephone conversation with Yanukovych, adding, “We have agreed with the president that I will have a chance to meet her in Kharkiv”.

Background Politics

Yanukovych and Tymoshenko are long-time political adversaries, dating back to the Orange Revolution of 2004 when Tymoshenko was one of the leaders of popular protests against fraudulent elections, resulting in Yanukovych having to give up becoming Ukraine’s President. She was Prime Minister twice and ran for president in 2010, but lost the vote to Yanukovich, who thereby succeeded in a full political comeback.

Ukraine is soon to co-host the European football championship together with Poland. It would be sad if this important sports event were overshadowed by news about the country’s severe human rights problems. The only way the regime can avoid that is to start in earnest reforms aiming at solving those problems; including strengthening rule of law and the independence of the courts, and improving prison conditions, concludes Bjørn Engesland.

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