US, EU urge Yanukovych to end trial of Tymoshenko
The United States and Europe have urged President Viktor Yanukovych to end the trial of former Prime Minister Yulia Tymoshenko, increasing Western pressure on the embattled leader.
Meanwhile, from the other side, Yanukovych is getting squeezed by Russia, whose leaders are refusing to lower natural gas prices from the 2009 deal that Tymoshenko now faces criminal charges for negotiating.
In a Sept. 9 letter to Yanukovych, U.S. Secretary of State Hillary Clinton and EU foreign policy chief Catherine Ashton reiterated growing concerns in Washington and Brussels about serious democratic setbacks in Ukraine, specifically pointing to Tymoshenko’s abuse-of-office trial as appearing to be politically motivated and bluntly urging Yanukovych to put an end to such regression.
The intervention pushes Yanukovych tighter into a corner, as concerns over the trial could slow the integration he is seeking with the European Union, particularly a free-trade agreement and laxer visa rules for Ukrainians.
Wherever he turns, Yanukovych gets only more criticism for jailing of his top political rival
At the same time, Kremlin leaders are demanding that Yanukovych choose closer political and economic ties with Russia, not the EU, if he wants lower prices for gas imports that could eat up 20 percent of the state’s budget this year.
The growing pressure from both sides leaves Yanukovych in a quandary. He must balance the demands of both the West and Russia. He also is seen as motivated by a desire to see his longtime rival Tymoshenko behind bars.
If true, the revenge motive could thwart his stated top foreign-policy priority of integrating Ukraine with the European Union.
“Yanukovych has partially cornered himself,” said political analyst Vadym Karasiov. “Previously Ukraine’s geographic position allowed the country to play the game of multi-vector policy. Now this policy is leading to a crisis, as it gets tougher and tougher to maneuver.”
In a surprise move on Sept. 12 that observers linked to the U.S. and EU letter, the judge in Tymoshenko’s trial called a two-week halt to proceedings against Tymoshenko “to guarantee the rights of the defense and provide extra time.” She remains jailed ahead of the resumption of the trial on Sept. 27.
Lawmakers listen to President Viktor Yanukovych, speaking at the rostrum, during the opening of the Verkhovna Rada’s autumn session in Kyiv on Sept. 6. Opposition deputies chose instead to drape giant banners over their seats to protest the criminal charges against ex-Prime Yulia Tymoshenko and ex-Interior Minister Yuriy Lutsenko. The posters read: “No to political repression” and “Freedom for Ukraine.” Tymoshenko’s trial on abuse-of-office charges is expected to resume on Sept. 27, but she has been jailed since Aug. 5. Lutsenko is also jailed and faces abuse-of-office charges. Supporters say Tymoshenko and Lutsenko are victims of political retribution. (AP Photo/Sergei Chuzavkov)
Analysts said this break could give Yanukovych enough time to find a way to wriggle out of the tight spot and prevent himself and his country from facing increased isolation from the West. Such isolation could embolden Moscow’s attempts to anchor Kyiv in its sphere of interest.
“I don’t remember a situation where Ukraine had such simultaneously bad relations with the East and West,” said Oleh Rybachuk, a former presidential administration chief turned civic activist. He added that Yanukovych risks creating a war on two or even three fronts. “He is falling into conflict with Russia over gas, the EU over democracy and his own people over living standards and reforms,” he said.
Yanukovych entered office on Feb. 25, 2010, pledging to repair damaged ties with Moscow while keeping Ukraine on a path toward European integration.
I don’t remember a situation where Ukraine had such simultaneously bad relations with the East and West.
– Oleh Rybachuk, a former presidential administration chief, present civic activist
After ushering in an era of relative stability compared to the chaotic Orange Revolution governance of ex-President Viktor Yushchenko and Tymoshenko, the honeymoon is long over.
The administration’s popularity is dropping for many reasons, including a sense by Ukrainians that corruption and insider dealing continue to flourish at their expense.
The EU has repeatedly raised concerns about the political motivation of the trial against Tymoshenko.
The opposition leader is accused of exceeding her authority in ordering a subordinate to sign a gas contract with Russia in January 2009 that the current government says was unfavorable for Ukraine. About a dozen former government members are under investigation. Some have spent a year behind bars.
Many critics in Ukraine and abroad say the charges against Tymoshenko amount to an attempt to sideline a political rival.
“Yanukovych is falling into the same trap that hurt Ukraine’s previous presidents: He is locked up in political battles trying to destroy opponents rather than delivering reforms for the people,” Rybachuk said.
European politicians have warned that the process threatens the association agreement that Kyiv wants to sign with the 27-nation bloc.
“The majority view [in the EU] is that the agreement can be finalized only if the Tymoshenko case is solved,” Reuters quoted Alain Juppe, the French foreign minister, as saying earlier this month. “It means having a free and fair trial and abandoning the unjustified charges against her.”
Russia sees the charges against Tymoshenko as an attempt to invalidate the 2009 gas agreement and has warned Yanukovych that the deal is valid. Moscow wants Kyiv to drop European integration plans and instead join a Russia-led customs union. It is offering, in return, lower gas prices.
With Russia showing little willingness to renegotiate contracts, Ukraine needs political and economic support from the EU. In the end, some think Yanukovych will be forced to find a way out of the court case against Tymoshenko.
One way out could be through a draft law decriminalizing the charges against Tymoshenko and ex-Interior Minister Yuriy Lutsenko that was recently submitted to the Verkhovna Rada. If they are found guilty, the law – if adopted – would pardon the former government officials, granting them amnesty and allowing them to run in next year’s parliamentary elections.
Observers said this could be a perfect face-saving tool for Yanukovych. “First, Tymoshenko may get a prison sentence and then she will be pardoned,” said Andreas Umland, associate professor of political science at the Kyiv-Mohyla Academy. “It’s a face-saving strategy for Yanukovych and a way out.”
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Ukrainian President Viktor Yanukovych is criticized by the West and Russia for the charges against Yulia Tymoshenko.
Russian President Dmitriy Medvedev says the 2009 gas deal for which Tymoshenko is on trial is valid and legal
European Union foreign policy chief Catherine Ashton is raising strong questions about the trial of the ex-prime minister.
U.S. Secretary of State Hillary Clinton joined Ashton in a Sept. 9 letter that seeks an end to the prosecution of Tymoshenko.
Kyiv Post staff writer Yuriy Onyshkiv can be reached at [email protected]
