Обговорення користувача:Vles1/Archive 8Criminal cases against Yulia Tymoshenko since 2010 year — the chain of criminal cases against the former prime-minister of Ukraine, a leader of the «united opposition» Yulia Tymoshenko, initiated since May, 2010. In all those cases, the General Procurator's Office does not charge Tymoshenko with «stealing or appropriating funds» (mainly, the cases are based on conviction in «exceeding official authorities»). Pre-history : criminal cases against Yulia Tymoshenko (prior to 2010)Criminal cases against Yulia Tymoshenko were initiated:
Those cases were opened concerning UESU activity in 1996–1997 years. In Ukraine, the UESU cases were closed at the beginning of 2005; in Russia — in December 2005 as a result of expiry of the period of limitation. [1] During the period after 2005 and up to May, 2010 (i. e. the years under President Yushchenko), no new claims against Yu. Tymoshenko were prosecuted. The mostly sounding criminal cases against Tymoshenko in 2010–2011 yearsThe two distinctive criminal suites (those of Kyoto money and "ambulances for rural medicine) were prosecuted due to auditing results on Tymoshenko second office (2007–2010) activities; auditing was conducted by newly elected Yanukovich officials [2], [3] (involved were two judicial US firms [3]; the US Embassy in Ukraine set themselves apart from both of them) Of the utmost importance is the case of gas agreements with Russia of 19. 01. 2009. On the 11th of October, 2011, Yu. Tymoshenko was sentenced to 7 years in prison under "the case of gas agreements with Russia; the standpoint of Russian Foreign Ministry on the case is as follows: «All the 2009 gas agreements were concluded in strict compliance with the national laws of the two states» [4]. Yulia Tymoshenko's bloc as well as other opposition parties, consider this case as a politically motivated persecution of the opposition leader; official representatives of western countries find the Tymoshenko verdict unjustified and politically motivated. Azarov's claim as for 100 bln grivnya losses to the stateOn April, the 28th 2010, Ukrainian Prime Minister N. Ya. Azarov claimed that the activities of Tymoshenko government resulted in 100 bln grivnya losses to the state. As a consequence, Tymoshenko and other executive officers should incur criminal liability[5]. Resumption, in may 2010, of the case of 2004 on an attempt to release father-in-law from imprisonmentOn May the 12th 2010, resumed was the case of 2004 (closed as far as in 2004 under Kuchma presidency) pursuant which Yu Tymoshenko was charged with an attempt to give a bribe (just with an «attempt», not «bribing itself») with the aim to release her father-in-law from jail [2]. Under this suit, Tymoshenko was first called to the General Procurator's Office on May, the 17th, 2010 (mystically, just on that same day the wreath fell down on President Yanukovich). The subject matter of the case is as follows: in June 2004 (prior to the presidential elections), Ukrainian TV showed a video material to compromise Yu. V. Tymoshenko: Yu. Tymoshenko (and her bodyguard) were shown, allegedly, in the office of some lawyer (it was he who made the recording) who had promised to procure in re-hearing Tymoshenko's father-in-law suit. Tymoshenko hurried up the lawyer and was disturbed with his resultless efforts despite huge money given to him. The trick of such a demonstration was that being in jail, father -in-law suffered from a stroke. Just based on that video recording, a criminal suit was initiated against Tymoshenko under the articles 15 part 2 and 369 part 1 of the Criminal Code of Ukraine. Tymoshenko was charged with «an attempt to bribe» with the aim to influence the court decision and release from imprisonment the UESU employees — Gennady Tymoshenkp (Yu. Tymoshenko's father-in-law) and Antonina Bolyura (UESU chief accountant) [1]. Criminal cases involving kyoto money and ambulances for rural medicineJoint auditing by Minfin and the US firm Trout Cacheris, PLLC (ordered by Azarov government) On May, the 5th 2010, Azarov's Cabinet of Ministers made a decision to attract the firm Trout Cacheris, PLLC (Washington) to audit Timoshenko's office activities in 2007–2010 years [2] (two more firms, Akim Gump and an Investigation Agency Kroll Inc. [8], were hired as subcontractors). More than 10 mln US dollars were planned to pay for auditing [8], [9]. On October the 15th 2010 (after abolition of the Ukrainian Constitution on October, the 1st and before the beginning of the regional elections on October, the 31st), Azarov government (namely, Auditing Department of Financial Ministry) completed auditing Tymoshenko's «second government» activities. The two US firms were involved in auditing — Trout Cacheris and Akin Gump (it could be seen indicative that the US Embassy in Ukraine set themselves apart from those firms). Upon completion of the auditing, the Auditing Department of the Ukrainian Ministry of Finance declared 43 bln grn «misuse» of state money. However, just a month later, this amount was 15 times reduced and the money appeared not to be «stolen» but transferred to the Ukrainian Pension Fund. Actually, it was the money (320 mln euros) received from selling to Japan a «greenhouse gas emanation quota» [10]. Such a transaction was quite a new for Ukraine, and Tymoshenko government were proud to implement it, the more so that it was done at the time of the «world global crisis» Tymoshenko was charged with, principally, two violations, on which basis the two criminal cases were opened: On December, the 2d, 2010 Yulia Tymoshenko was first called to the Procurator's Office of Ukraine as for the Kyoto Money case [15], [16]. Tymoshenko was accused of transferring 320 mln euros, the money which had been received from selling Japan a «greenhouse gas emanation quota» to the Ukrainian Pension Fund (in 2009 year of global crisis) instead of spending it for planting forests (as required by Kyoto Protocol) [13], [14]. On the 30th of December (on the very eve of the New Year celebration) she was under interrogation during 12 hours in a row (from 12 a. m. to 12 p. m.). On January, the 27th, 2011 the case on purchasing, in 2009, a thousand of Opel Combo ambulances for the needs of rural medicine was initiated (Tymoshenko was incriminated spending funds in a way that was not envisaged in the 2009 state budget.). The cars were supplied from Austria on credit terms (with payment in 2010) at the price of 12. 5 thousand euros (the price did not exceed that on the market). Tymoshenko was charged under the article 365, p 3, the article 364, and p. 2, the article 210, p. 2 of the Criminal Code of Ukraine. (that is, exceeding official authorities; infringement of Budget Law; abuse of office charges, that led to badly unfavourable consequences) [13]. , [15] In all those cases, procurators do not blame Yu. V. Tymoshenko either in stealing the funds, or in doing the damage, the basis of charges being money misuse [18]. Travel restrictions. Tymoshenko's stay in Brussels on March 24-26, 2011 On December, the 15th, the General Procurator's Office imposed on Tymoshenko "travel restrictions "[17] as a preventive measure. Yet Tymoshenko managed to leave Ukraine for Brussels where she was present (on March, 24-26, 2011) at the summit of the European People Party at the personal invitations of its leader Wilfred Martens and the US senator John McCain. Tymoshenko had meetings with the European leading politicians like German Chancellor Angela Merkel and President Sarkozy [18], [19]. BBC: Authoritative lawyers versus less authoritative auditors (June, 17th, 2011)On June, the 17th, 2011 in Washington there was a press-conference (see YouTube [20]) of an authoritative American law firm Covington & Burling and a large auditing company BDO USA [3] (having branch offices in more than 100 countries round the world) to which Yulia Tymoshenko and her party Batkivschina applied with the request to evaluate how justified were the charges incriminated to her, as well as to scrutinize the validity of the report ordered by the Azarov government and made by the American law firms Trout Cacheris and Akin Gump (their report was submitted on October, the 14th, 2010 and was used as a basis for initiating further charges against Yulia Tymoshenko) [3]. At the above mentioned conference, the lawyers concluded that: The paragraphs on «Kyoto money» and "Opel Combo ambulances "do not worth the paper on which they were printed… As for the current moment, the charges against the former Prime Minister (Tymoshenko) seem to be political by their origin, so as there are not any facts to substantiate them … Conclusions: The facts revealed by us give ground for secure defending from those charges either in a Ukrainian court or in some international court in case if a justified hearing is not possible within Ukraine [21] "A limited number of documents which have been analyzed by us, show that the agreement between the Austrian firm Vamed and Ukrmedpostach was signed without any mediators. The price for an Opel ambulance did not exceed that on a market", - state Covington and Burling [3]. Following this press-conference, the above said cases of Kyoto money and ambulances for rural medicine were suspended by Ukrainian state procurators. Assessment of «cases against Tymoshenko» at the conference The Future of Ukraine: Defiance and Consequences of Administrative Actions, held in the USA The total assessment of the whole set of criminal cases was given by David Kramer(executive director of Freedom House) at the conference The Future of Ukraine: Defiance and Consequences of Administrative Actions (held on July, 7th, 2011 in Washington) and organized by the Peterson Institution of International Economics, The USA and Europe Centre of the Brookings Institution, The Atlantic Council) [22]. " Those investigations can not be trusted any more. These are a chain of convictions against Yulia Tymoshenko following one after another until some of them might «shoot»… I"m applying to my colleagues from the Ukrainian government who are present in here. When you are back home and report before the members of your office, tell them to put an end to these. These are shameful!" Criminal case as for gas agreements with russia in 2009On March, the 17th, 2011, at the incentive of the Party of Regions, Verkhovna Rada formed a Provisional Investigating Commission to study the circumstances under which the Gas Agreements of 2009 were concluded between the Ukrainian national joint-stock company Naftogaz and the Russian joint-stock company Gazprom [23]. BYuT refused to participate in the work of this commission taking it as politically pre-engaged. Representatives of the Party of Regions declared that the Commission would look for «the proofs of high treason in the field of economic security of Ukraine» in the gas agreements signed with Russia in 2009 [24], [25]. On April, the 11th, 2011, Head of the a. m. Commission, a member of the Party of Regions I. Bogoslovskaya said: "Today we are submitting an account about the first stage of work of the Commission …Tymoshenko had forged the directives as for the gas agreements at the talks with Russia «[26]. That same day, on April, the 11th, 2011, Deputy General Procurator of Ukraine Rinat Kuzmin reported that a new criminal case was opened against Yu. Tymoshenko „on charges of exceeding and abusing her power when signing the gas agreements with Russia in 2009“. Tymoshenko has allegedly led to losses in amount of 1. 5 bln grn [27]. Politicians from the pro-power Party of Regions blamed Tymoshenko in» treachery of the national interests of Ukraine" and betrothal in Russia's favour when signing the gas contracts on January, 19th, 2009 in Moscow, at the time of"gas conflict in January, 2009"[28]. «Regionals» claimed that Tymoshenko had signed with Russia the «enslaving for Ukraine provisions» [28]; the same was said by Firtash [29], an owner of RosUkrEnergo and by ex-president Yushchenko who patronized RosUkrEnergo [30]. Reading the ruling for the gas case — 2009On June, the 24th, 2011, the Ukrainian General Procurator's Office delivered Yu. Tymoshenko the "Ruling for suing her on charges in compliance with the gas case-2009 (p. 3 Article 365 of the Criminal Code of Ukraine — power abusing, or exceeding of office authorities resulted in ill effects "- which envisages 7 to 10 years of imprisonment):
Hearings of witnesses (from 26. 07. 2011)Witnesses in the «gas case» were dozens of ex-ministers and known politicians. As for the 26th of July 2011, it was planned to interrogate 38 [32] witnesses for «the part of prosecution». The judge Kireyev gave admission to witness, for the Tymoshenko part, to just two people [33 out of 31 claimed — Alexander Turchinov and Michail Lyvinsky [34]. However even «witnesses for the prosecution part» were testifying, mainly, in favour of Tymoshenko. As a result, Tymoshenko wrote in her twitter: « Kireyev was banned to call „our“ witnesses, he got rebuked even for „theirs“ (i. e. witnesses from prosecution)» [33]. On July, the 26th, 2011, i. e. just as soon as the process of witnessing started, direct teletransmitting from the trial room stopped [32]. Witnessing as for the Yushchenko partIt is worth mentioning that at the trial against Tymoshenko almost all the witnesses (Oleg Dubina, Alexander Turchinov in particular) said that it was President Yushchenko himself who had ruined the price of 235 USD per a thousand cub. m of gas agreed by «Tymoshenko Cabinet» for 2009 year; he, allegedly, had recalled Mr. Dubina, a Head of Naftogaz, from Moscow (though he was not authorized to do that). On the day of Yushchenko witnessing (17. 08 2011), Russian mass media sources published the commentary of «a representative from the Kremlin», who said : «Yushchenko is lying to the trial …in telephone conversations with Medvedev, Yushchenko assured that he fully trusted Yulia Tymoshenko and that she was given the whole scope of necessary authorities and he was in support of the agreements concluded with Russia» [35] Witnessing by Oleg Dubina, former head of Naftogas, 29. 07. 2011The important moment in witnessing by O. Dubina (a former Head of Naftogaz) was his proving that "The Gas Agreement of 19. 01. 2009 was made on provisions that Ukraine could at any moment terminate it without whatever "penalty sanctions from the part of Russia. "
This testament is very important, as Tymoshenko, for more than once, said to her opponents in reply to their accusations as for the Agreement: once the Agreement had been that bad, cancel it and sign that of your own the more so that penalty sanctions for terminating had not been stipulated. At the time of preliminary investigation (yet before the gas case-2009 had started against Tymoshenko) O. Dubina said (being interrogated in February 2011): «Based on expert opinions and practical experience, I think that due to gas, accumulated in storages, it could have been possible to maintain the country up to the end of February, 2009 without buying any gas from Russia at all. Therefore, accounting for European position, we could have tried to seek concessions from Russia» [37]. The similar opinion was expressed (at the trial) by a former Head of Ukrtransgaz Yaroslav Marchuk: «As for the 1st of January 2009, in the underground storages there were nearly 14 bln cub. m. of gas belonging to Naftogaz. The average per day utilization of gas from the storages during the first quarter was slightly more than 100 mln cub. m. ; with this in mind, the gas available could be sufficient for two-three months ahead» [37]. However at the trial, at cross-interrogation, O. Dubina radically changed his previous witnessing and began to support Timoshenko's position. : " I think, that the gas system nearly failed and was in a pre-damaged state. " [37] Concerning the Agreement signed, O Dubina informed that he would not have signed the Gas Agreements if he had known that they had not been approved by the Cabinet of Ministers. By his words, he could not telephone to Kyiv and clear up the situation (and he could not do that from the other members of delegation). Tymoshenko, allegedly, told him that as for 19. 01. 2009 «her directives» had been agreed with the Cabinet. [38]. O. Dubina proved that yet on the 31st December 2008 the preliminary agreement had been reached on supply of Russian gas in 2009 at the cost of 235 USD per 1000 cub. m. , gas transit cost being 1. 8 USD per 1000 cub. m. per 100 km of gas piping. However President Victor Yushchenko banned signing those agreements as unprofitable[38]. Also, according to Dubina's witnessing, Ukraine did not utilize any Russian gas from the 1st to the 4th of January 2009; on the 4th of January, Russia made a full stop to gas supply; it was renewed only since the morning of January, the 20th (after the Agreement between Naftogaz and Gazprom had been signed) [38] Dubina noted that from his point of view, Russia had purposely started to higher up prices for gas at the beginning of January — in order to transfer the negotiation process from economic plane to that of political [38]. Besides, O. Dubina gave the answer to the important question as for the Yushchenko part: To the Tymoshenko's question if Yushchenko was in connection with RosUkrEnergo, Dubina replied:
To the Tymoshenko's question whether it is true that Yushchenko withdrew him from the talks in Moscow with the aim to keep RUE in the scheme of gas traders [39], Dubina said: « Yushchenko did withdraw me from the negotiations but his directives were to move on without in-between dealers» [39] Dykovitsky (representative of Naftogas): in 2009, there were no losses from"technical gas", 26. 07. 2011On the 26th of July 2011 witnessing was Yaroslav Dykovitsky (Deputy Head of the Department for economic planning and budget settlements of Naftogaz) [32] He was involved into the work of the group which, on Azarov's order, inspected «financial and economic activities of Naftogaz within the period of 2008–2009 years»; exactly, their conclusions were taken by the procurators as the basis to charge Tymoshenko with as follows: . as a result of the gas agreements with Russia, the price for «technical gas for the needs of transit» increased from 179. 5 USD to 232. 9 USD per 1000 cub. m. which led to 194 mln USD losses (as per 2009). At the trial, Dykovitsky was expected to confirm that the calculations of the working group were true. However, Dykovitsky supported Tymoshenko's position: "Following the decisions taken by the Naftogas board of management, for the transition of Russian gas they used the resources from the underground storages priced at 153. 9 USD. Exactly at this price, gas was sold to Ukrtransgas, — recognized Dykovitsky [32]. According to Dykovitsky, «technical gas» should have been kept cheap, so as Tymoshenko and Putin had agreed not to increase the basic rate for Russian gas transit [32]. The prosecutor had a try to change the situation and asked Dykovitsky the question: «And if to calculate the mean price with account of the gas of RosUkrEnergo, will the losses take place or not?» Dykovitsky answered: «If calculations are made at the gas price of 153. 9USD, there should be no losses from gas realization [32]. Dikovitsky's witnessing became a sensation; the prosecutor tried to formulate the question in another way, but the reply was the same. Witnessing by former Foreign Minister Ogryzko, 4. 08. 2011 Ex — Minister of Foreign Affairs Vladimir Ogryzko (was appointed to take the position by Yushchenko quota) declared that in case „the directives on gas had been approved at the CabMin sitting on 19. 01. 2009, at least two legal rules would have been violated. Together with this, he stressed that“ the Prime Minister was authorized to issue such directives without anyone's approval»"[40]. Nagrebelny, an expert from Koretzky Institution of State and Law, 15. 08. 2011The «Koretzky Institution of State and Law» is an expert organization in Ukraine; the General Procurator's Office of Ukraine involved the Institution specialists as experts yet at the investigation stage of the gas case. On the 15th of August, 2011, Deputy Director of the Institution Vladimir Nagrebelny presented to the trial an expert conclusion according to which Tymoshenko did not at all exceed her office authorities in the course of gas talks with Russia:
The Institution of State and Law takes the gas directives by Yulia Tymoshenko as «the means necessary for implementation of her duties» [42]. Nagrebelny explained that in compliance with the legal regulation on Cabinet of Ministers, Prime Minister is enabled" to issue instructions binding for execution". By his words, "… in the Ukrainian Law there is no distinct definition for the term «directives», yet the encyclopedia offers nearly 10 synonyms, among them being, also, «instructions»[41], [42]. Nagrebelny underlined that Tymoshenko had not given Naftogaz the directives to sign the agreement, she had just given indications concerning the talks themselves, that she was duty-bound to do. [42] Further on, Nagrebelny stated that he did not consider «Tymoshenko „s directives either“ as an abuse of her office powers or as an interference into the Naftogaz activity: …» In case the Prime Minister gave the instructions to, say, some privately-owned shareholders" society like Zhytomirskaya stockings-producing factory, it would be taken as an interference into its economic activity and qualified as «an exceeding of authorities»" Yet, the Naftogaz is a specific financial and economic entity within the sphere of management and control by the Cabinet of Ministers…. "[42]. Paradox of the situation is as follows: Tymoshenko had all the authorities to give, without government approval,) her own Prime Minister directives to Minpalyvenergo (and via it — to Naftogaz); the only thing she could not do was to name them « governmental directives». Still, we need to recognize that the document handed over to Dubina does not contain the word combination «governmental directives», its naming is «Directives» and it is signed by the Prime Minister [37]. Witnessing by former President Yushchenko, 17. 08. 2011On the 17th of August 2011, Ex-President Yushchenko witnessed at the trial. Ex-PM Tymoshenko refused to ask him any questions. On Yushchenko leave from the court, Timoshenko's supporters threw at his car hundreds of eggs. They were also scanning «Shame!» during the whole time of his witnessing at the trial as well as when he was leaving. One of Tymoshenko's supporters was removed from the trial room because he called Yushchenko «a bastard» [43[. Yushchenko claimed that Tymoshenko had acted against interests of Ukraine because she wanted to be seen as a «saviour» in the severe gas conflict with Russia. Foreign mass media noted that "Yushchenko had witnessed against Tymoshenko "[43]. Witnessing by Prime-Minister Azarov (5. 08. 2011) and Minister Boyko (16. 08. 2011)Prime-Minister Azarov and the present-day Minpalyvenergo Minister Yury Boyko were evidently anti-Tymoshenko witnesses. On the 5th of August 2011, Prime Minister Azarov was heard. He said that «the gas agreements were absolutely disadvantageous for Ukraine» and it could be possible to reach better provisions. : "That is why we are now looking for the mechanism for re-considering the agreements "[44]. Following the Azarov's witnessing (which took place in the atmosphere of Azarov-Tymoshenko altercation) — the judge (at prosecutor's request) arrested Tymoshenko, as she allegedly, " prevented from hearing the witnesses. « On the16th of August 2011, Minister of Minpalyvenergo Yury Boyko witnessed. He showed that the» gas agreement"was extremely unprofitable for Ukraine". Boyko said that Tymoshenko had signed that agreement under the pressure of 1997 UESU indebtedness": «I consider that was resulted from the existence of indebtedness of the UESU corporation to which Tymoshenko was in relation. Notably, that was the reason of the consequences» [45] Ex-Prime-Minister and her defendants repeatedly asked Boyko whether he was familiar with Firtash, or whether he was in any relation to RosUkrEnergo, or whether he had got a letter of warrant from Firtash to dispose of Firtash's property [46]. However the judge (at the prosecutor's request) declined all those questions. Still, that's what Boyko insisted on: «I» am in no relation to co-founders of RosUkrEnergo" [47]. Nevertheless, according to the Ukrainian press, even the text books on economics have been published (e. g. in Poland, Slovakia, Norway, Ukraine in 2008–2011 years) which describe the case study in reference to RosUkrEnergo and reveal that Yury Boyko (being, in 2004, the Head of Naftogaz and Deputy Minister for Fuel and Energy Complex) became an owner of private company Centragas which, jointly with Gazprom (50% of shares each), acted as a co-founder of RosUkrEnergo [48]. Yu. Tymoshenko submitted to the trial The Protocol of a session of Naftogaz managing board of 19. 10. 2004, pursuant which Yury Boyko was officially delegated to RosUkrEnergo [48]. Tymoshenko reminded that concurrence of entrepreneurship and state servicing should be subject to suing under the Law of Corruption. [49].
Witnessing by Borodin (Department for gas industry in MinTopEnergo), 28. 07. 2011The next witness for the prosecution part, was Konstantin Borodin, a former press-secretary under Yury Boyko (with just a philological education); for the time of witnessing, he took a position of an executing Director of the Department for gas, oil and oil refinery industries of Minpalyvenergo (i. e. . was a Head of Oil and Gas complex of Ukraine) [50] Borodin requested to fix, through all his testaments, the term «excess Naftogas expenses» instead of «losses». Borodin said that due to the gas agreements Ukraine went to excess expenses [51] Tymoshenko asked if the expenses arisen due to the price increase for gas within the period of 2006–2010 can be considered as «excess expenses» [51]. Borodin failed to give a reply. An Account of Commission on Specific Problems of Financial and Economic Activities of State Joint-Stock Company Naftogas in 2008–2009 years. Borodin is one of those who put his signature under An Account of Commission on Specific Problems of Financial and Economic Activities of State Joint-Stock Company Naftogas in 2008–2009 years. It is exactly that same document which showed the calculations for"194, 600, 000 USD losses «due to the gas agreements. Borodin informed that he had attended just one of the sittings of this Commission which lasted for more than two hours; the sitting was chaired by the ex-head of the Minfin Auditing Department Natalya Ruban [51]. With this, Borodin failed to explain on which bases N. Ruban had voted at the sitting once she was not a member of Commission. [55] It is worth noting that Ruban who chaired the Commission, had been released from the administrative position on 18. 07. 2011 (i. e. by the time of the trial over Tymoshenko) [52]; and she was not newly appointed. Tymoshenko's defenders were insistent to call Ruban to the trial hearings, however their attempts were rejected. [53] It is important to add, that until lately that time, Ruban had been intensely involved into the 2008–2009 auditing of the state -owned structures; e. g. in November 2010, Ruban (based on the auditing results by her Department) claimed the»28 bln grn (3. 66 bln USD losses" of material and financial resources (accounting 15 bln grn of pledges claimed by the National Bank when recapitalizing banks) [54]. Despite the a. m. facts, the trial have not considered the validity of the Account of Commission on Specific Problems of Financial and Economic Activities of State Joint-Stock Company Naftogas in 2008–2009 years, which served the basis for suing Tymoshenko. Yaroslav Dykovitsky who had signed the Account, completely rejected its conclusions before the trial; Konstantin Borodin said that he had been present at just one sitting of the Commission; Head of the Department for Auditing Natalya Ruban who informally led the Commission, was released (exactly, at the time of hearings), and the judge declined all the petitions to call Ruban as witness. Conversely, Yu. Tymoshenko stated yet at the beginning of the trial that the Account lacks its authors for the reason it had been made up against the real state of matters. Instead of this brief Account of just several pages, Tymoshenko's defense was based on such documents as the Auditing Report by Ernst & Young company as for the Naftogaz activity in 2009 and the Contract between Naftogaz and Ukrtransgaz on purchasing technical gas in 2009" [55].
Witnessing by ex-PM Yulia Tymoshenko, 18. 08. 2011At the trial, Yu. Tymoshenko more than once, reminded that it was by her incentive that for the first time in Ukrainian history and exactly under her office that the strategic reserves of natural gas (14 bln cub. m.) were accumulated in the underground storages in the West of Ukraine. That allowed, without stoppage of production enterprises, to survive the «gas crisis of 2009» when Russia terminated gas supply to Ukraine and Western Europe for 20 days. On August, 18th 2011 Yu. Tymoshenko was demanded to witness before the trial as for the gas case. However Tymoshenko deposed that she would not testify unless the trial administer "the documents which were important and integral as for the case under hearing. « and which testify about falsification of the case against her [55]. Those were :
Auditing Report by Ernst & Young company as for the Naftogaz activity in 2009" [55 An International auditing company Ernst & Young conducts audits of Naftogas annually; their results are open for viewing and aimed to inform the Naftogaz "foreign partners"on its real financial position. Tymoshenko had required that these documents be attached to the case yet since spring 2011 when the gas case was launched. The necessity to enclose those documents to the case was substantiated by the lawyers from the US auditing firm Covington & Burling who had studied the details of the gas case [56]. Both of those documents give evidence that in 2009 Naftogaz did not suffer from any losses due to technical gas because of Russia -Ukraine gas agreements. However, instead of the mentioned above documents, the trial has been oriented at the Account of Commission on Specific Problems of Financial and Economic Activities of State Joint-Stock Company Naftogas in 2008–2009 years [51], which was compiled by the"group, appointed by PM Azarov" [51] in spring of 2011 without participation of international auditors. Such officials from Naftogaz as Yaroslav Dykovitsky and Oleg Dubina as well as former Minister [58]]Yury Prodan also witnessed against existence of any losses. Doubts as for competence and independence of judge KyreyevThe trial on the gas case was executed, solely, by a young judge (aged 31) Rodion Kireyev, who was experiencing as a judge for just 2 years — within that period he sentenced only on 6 criminal cases : those on a theft in a supermarket for the sum of 154 grn and on drunkard hooliganism; two other cases were : on drug trade by military men in the Berezansky criminal colony N 95 — the accused were sentenced just conditionally; and on acquisition by an official of 200, 000 grn (25, 000 USD) — he also, got a conditional sentence. [57]. Just two months before the Tymoshenko's case, Kireyev was transferred into the Pechersky Court from the Berezansky district of the Kyiv region. On the 13th of May 2009 Kireyev was appointed a judge of the Berezansky local court in the Kyiv region. But already on the 20th of April 2011, by a Decree N 489 of President Yanukovich, he was transferred to work at the Pechersky district court of the city of Kyiv. [58] Several times Tymoshenko applied as for judge Kireyev withdrawal (her applications were considered by Kireyev himself who declined them). Tymoshenko's explanations as for her requests for withdrawal were as follows: Kireyev delivered just conventional sentences to the people who had executed heavy crimes: conditional sentences for two military men selling drugs inside the Berezansky colony N 95 for criminals; a conditional sentence for an official (Head of Berezansky municipal enterprise) who had appropriated 25 thousand dollars [59]. In Tymoshenko's view, such doubtful verdicts (especially as for drug selling) give rise to thinking that Kireyev must have been hooked by the General Procurator's Office and, therefore, could be expected "to act by orders from the top. «[60] On October, the 6th, 2011 the People's Deputy Odarchenko (ByuT) declared that he had the documents to prove that the appointment of Kireyev as judge of Pechersky district court of the city of Kyiv was executed at instant and against the legal regulations. Odarchenko filed a corresponding claim to the Supreme Administrative Court of Ukraine in which he mentioned: Kireyev did not take the certifying exam upon which he should have been certified by the board of judges. That should be the preliminary condition to take part in the competition for the vacancy of a judge in the Pechersky district court of Kyiv. However the Supreme Certifying Board of Judges did not at all announce such a competition. Nevertheless, according to the document, Kireyev somehow appeared to be the sole applicant in „the competition“ [61]. Also, Kireyev's letter of application about his transfer was, for whatever reason, submitted not to the Supreme Board of Judges but directly to the President of Ukraine [62]. On October, the 18th 2011, the Supreme Administrative Court of Ukraine notified Odarchenko that his claim could not be taken for consideration, so as the term of appeal was just within one month since the day of judge appointment. Odarchenko promised that he would apply to the European Court for Human Rights because an unlawful appointment of Kireyev makes the whole trial over Tymoshenko illegitimate [63]. On October, the 10th, 2011 the Danish Court of Helsinki Committee for Human Rights published a release in which stated that the judge Rodion Kireyev „took the position of a judge for just two years and did not have a permanent appointment“; therefore he may be in dependency and should not be enabled to judge any important suits [64]. On October, the 15th, 2011, the Venice Commission publicized the conclusion that Kireyev was not authorized to judge Tymoshenko so as he had the status of a „provisional judge“, and should have no less than 5 years of working experience to get the status of a» permanent judge". Just in that case he could have the authorities to judge in the proceedings of such rank [65]. Yulia Tymoshenko refused to stand up before the court and said: « We need to stand up before the court, not before the farce» [66]. Course of events
(foremost, BYuT, and, also, V. Klychko) applied to the Pechersky Court with the written requests where they begged to free Tymoshenko under their warrants [74].
Response of Ukrainian politiciansAs for the reaction of Ukrainian politicians, BYuT and the United Opposition supported their leader; the parliamentary faction of the Party of Regions was an initiator of the Provisional Investigating Commission which reporting was used by the General Procurator's Office as a basis to start the gas case; the parties of the non-united opposition criticized both Tymoshenko and Yanukovich. Yet, beginning from the mid-summer of 2011, when there appeared lots of negative responses from the Western countries and from Russia relatively Tymoshenko's cases, when witnesses threw the light on the gas case — the attitude in Ukraine started to change. In particular, within the Party of Regions, Tymoshenko continued to be criticized by just several deputies of «medium» line whereas the Party leaders tried to be not very talkative on this case (with the exception of, may be, PM Azarov who has been an active opponent of Tymoshenko). Politicians from the United Opposition claimed Tymoshenko's full innocence. Following the Tymoshenko's verdict on October, the 11th 2011
International responseEither the process of suing Yulia Tymoshenko or its verdict, — all these have caused an avalanche of response from the prominent politicians all over the world. . In particular, after the sentence to Tymoshenko had been pronounced, the official statements were made from all the countries of the Big Eight (except for Japan), countries of Europe as well as the countries neighboring to Ukraine:
A well known politician Oleg Rybachuk summed up the world responses to the Tymoshenko verdict in his article «Yanukovich will not be trusted any more». He wrote: « Even if all the opposed politicians are released and mass media and elections are made free and independent, the West will not trust Yanukovich any more» [105] AppellationOn the 1st of December 2011 the Appellation Court of the city of Kyiv started hearing of the Appellation on the Tymoshenko gas case. Tymoshenko was not present at the trial because of her illness. After hearings, the judge Olena Sitaylo was taken to the emergency [106]. Old cases: on uesu debts — 1997 and krivorojstal1) On June the 6th 2011 the Office for Ukrainian Security (SBU) initiated a criminal suit (p. 2 art. 15, p. 5 art. 191 of the Criminal Code of Ukraine) as for the fact of an attempt to misappropriate the funds of the 1997 state budget of Ukraine in a specifically substantial sum amounting to 405 mln USD — by officials of the 1997 Cabinet of Ministers and employees of the UESU [107]. The Decision to initiate the suit did not mention Tymoshenko's name, but the case was against her former company UESU. Tymoshenko said in reference to this case:
Also, Tymoshenko reminded that all the suits on debts had been gained and at all the courts including the Supreme Court of Ukraine [107]. 2) On July, the 9th 2011 the Kyev Appellation Court resumed the suit against Tymoshenko demanded by the former Head of the Ukrainian Fund of State-owned Property (FDM) Semenyuk-Samsonenko [108], [109]. Semenyuk-Samsonenko entered an action yet in April 2010, then repeatedly applied in autumn 2010. but The Kyev Appellation Court rejected in launching the suit [108]. . Semenyuk-Samsonenko accuses Prime Minister Tymoshenko of the unlawful actions of the latter as for her directives to the subordinates to sign the Additional Agreements to be attached to the Agreement on Purchase-Selling Of The Krivorojstal Enterprise (those "Additional Agreements. " were signed in 2008) In Tymoshenko's view, these two a. m cases arose «due to full failure of those on the Kyoto money, the ambulances for the rural medicine and the gas agreements» [108]. UESU case against Tymoshenko in Russia (on supply of construction materials in 1997)On October the 12th 2011, SBU (The Office for Ukrainian Security) launched the case as for the UESU and the Defense Ministry of Russia, this time against Tymoshenko in person, not for "the fact of an attempt "(as was on 06. 07. 2011) — see the complete text of the «Decision on criminal prosecution» [110]. Trial on Tymoshenko in a medical unit of a detention centre (SIZO)On December the 8th, 2011, Tymoshenko was under the trial in the premises of the medical unit of a detention centre (SIZO) during 12 hours in a row (as for the UESU case of 1996 year). At the trial she was ill in bed and was injected anesthetics. The Ambassadors from the USA, EU and those «from 24 EU member- states organized the meeting with ombudsman Karpachova, where they agreed» that the trial was against the international standards of judicial procedure. "[111] TYMOSHENKO IN A JAIL, 2011Sharp worsening of Tymoshenko's health while on detentionBefore being arrested (5. 08. 2011) Tymoshenko had a perfect workability and physical shape. For instance, in May 2011 paparazzi made public a video report which showed Tymoshenko on her Sunday 10 km distance jogging (three circles round the thicket in the dacha settlement) [112]. However, starting from the first week of her detention, i. e. from 15. 08. 2011, Tymoshenko's lawyers informed about bruises on Tymoshenko's body and required from the court to permit to the personal Tymoshenko's doctor to come and take her blood probes for examination. On the 22. 08. 2011, the BYuT deputies (Brygynetz and Pavlovsky) testified that, from medical view, the bruises could have been the result of Tymoshenko poisoning. while on detention [113]. On August, the 25th, Tymoshenko repeatedly submitted her request to the court: "I am requesting to let my medical nurse take my blood… for examination at the laboratory outside the detention centre. [114]. Tymoshenko's associates believe that Tymoshenko's illness in jail is the result of her being poisoned. Hence, «blood examination» was the key request of Tymoshenko to those in power: Ombudsman Nina Karpachova (a former member of the Party of Regions) said after visiting Tymoshenko, that her physical state was very bad and that "Tymoshenko was asking, requesting, and begging that her blood be taken for investigation [115]. At the Congress of the European People Party (6. 08. 2011) in Marseille, they approved the Resolution on Ukraine demanding to allow an access to Tymoshenko of the «EU medical commission» to probe and analyze her blood [116]. Tymoshenko's daughter (Eugenia) said at the Congress of EPP (06. 12. 2011) that the power officials for already more than four months denied Tymoshenko in having her blood examined: "I"m afraid, this torture would go on until they kill my mum [116]. After her speech the audience were applauding standing on their feet [116] Tymoshenko began to feel herself worse in September-October 2011; in September she had a bad sore throat. Since the late October, Tymoshenko already could not have walked because of pains in her back (some commentators indicate that Yushchenko, during the first weeks after being poisoned in 2004 [114], had the similar «inhuman pains in his back». It was on November the 23d, 2011 that Tymoshenko had finally been examined. At the Kyev Regional Infirmary — due to magnetic -sounding tomography — it had been found an inter-vertebrae rupture[117]. A medical employer of the Infirmary evidenced : She (Tymoshenko) looked so much exhausted that we could hardly recognize her — it was painful to see her. We are still crying when recalling. She could not move. Two convoy guards kept her under her arms and dragged. « [117][118] In the course of the meeting with President Komarovsky (28. 11. 2011), President Yanukovich assured him that „Tymoshenko would be treated according to the European standards“ and promised to introduce changes to the Criminal Code of Ukraine (as for decriminalization of the Article under which Tymoshenko was convicted» [119]. Yet, the lawyer Vlasenko reported that (as for the 29. 11. 2011) Tymoshenko still did not have any medical help; She had some new and bad symptoms" like fainting, nose bleeding, left hand getting numb "; to that Vlasenko added : « Yanukovich does not need to have Tymoshenko alive» [120]. And only on November 30th, 2011 Tymoshenko was moved from a chamber to a medical ward of the SIZO (detention centre). Political response to Tymoshenko's illnessOn the 6th-8th of December 2011, the BYuT deputies blocked the parliamentary work (Rada did not work for three days) with the aim to demand Tymoshenko's release from jail; over the Speaker's armchair, the transparent was fixed «Yanukovich, do not kill Yulya!» On the 27th of November, on Tymoshenko's birthday, at the Vladimirsky Cathedral in Kyiv, at all the churches of Kyiv Patriarchy, as well as at the temples of Greeko-Catholics and Catholics of Ukraine the Prayers were said and a Te Deum was sung to Tymoshenko's health. [122]. On the square in front of the Lukyanovsky detention centre there was a festive concert with participation of the popular Ukrainian actors, singers and musicians; the meeting was attended by 5000 supporters of Tymoshenko. All the events around Tymoshenko have a huge response in the political life of Ukraine and the EU. According to the data of sociological polling, at the beginning of December 2011, «the political strength of Tymoshenko», for the first time, was ranked higher than that of Yanukovich (though, still just by 1%) [123]. The European Parliament (1. 12. 2011) and the Congress of the European People Party (7. 12. 2011) adopted the Resolution as for Ukraine which reads that «the provision for the association of UE and Ukraine» is to release Tymoshenko from jail and give her possibility to take part in the future elections [124]. At the Congress, the leader of the Party Wilfred Martens said: « The Agreement with Ukraine (on association and free trade) can not be signed, implemented and ratified unless … Yulia Tymoshenko and other political prisoners got freedom» [125]. The Canadian Prime Minister addressed to BYuT with a proposal to provide «the best Canadian doctors» to Tymoshenko; the similar proposition was made by the EU Committee for Preventing Persecutions [126] The politicians mention that these events are making less and less probable signing (that was planned for 19. 12. 2011) the"Treaty on association and free trade between Ukraine and European Union"[127].
References
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