Having just visited Ukraine to discuss the rule of law and state of democracy in the country, I intended to meet with former Prime Minister Yulia Tymoshenko, who is currently being held in a prison colony in the eastern city of Kharkiv under dubious charges and allegedly deteriorating prison conditions. Upon arrival in Kharkiv, I was disappointed to find that the Ukrainian officials did not allow us to see or talk to Tymoshenko, denying us any access to her prison cell.
Though the decision was disappointing, it was not surprising. Two weeks earlier two of my colleagues from the Dutch Parliament, Coskun Coruz and Kathleen Ferrier, were denied access to the prison colony while conducting a similar fact-finding visit.
This lack of transparency from the Ukrainian authorities is disturbing on several levels, not the least of which is the fact that in 10 months Ukraine will become the new chair-in-office of the OSCE, the world’s largest regional security organization. This prestigious position comes with great responsibilities, particularly in the area of upholding human rights as an integral part of regional security.
All OSCE participating States have committed to respect and protect certain minimum democratic standards. Being the future face of the Organization, Ukraine needs not only to uphold these standards but, like it or not, serve as a role model for the other 55 participating States. With leadership comes scrutiny, and the Chair-in-Office of the OSCE must showcase that international commitments are not just pieces of paper but every-day practices that governments should live by at all times and under all circumstances.
At the OSCE Parliamentary Assembly’s human rights committee meeting last month in Vienna, Yulia Tymoshenko’s daughter, Eugenia, testified before members of parliament from all OSCE participating States to tell her mother’s story and highlight the current state of Ukrainian prison conditions. Yulia Tymoshenko was sentenced in October to seven years imprisonment on charges of abuse of office over the signing a natural gas agreement with Russia.
There have been widespread allegations that her case was politically motivated, the presumption of innocence was reversed and her lawyers were prevented from presenting evidence that could have provided an adequate defense. Eugenia spoke of her mother’s worsening health condition and reported incidents of the prison failing to provide adequate medical care.
Ukraine must offer transparency immediately and allow the international community to visit Ms. Tymoshenko in prison and see first-hand the conditions in which she is being kept. Ukrainian diplomats and parliamentarians have offered numerous accounts of how ‘comfortable’ the conditions are in Kharkiv for the former prime minister, harping on the fact that she has comforts of home, like a washing machine.
The fact is these messages are no substitute for in-person visits. If the government has a positive story to tell about its prisons, then let us inside to see it ourselves. If the government has a story to tell about the conditions in Ms. Tymoshenko’s cell, then authorities should allow international visitors at once.
By focusing the discussion on the prison, the Ukrainian foreign ministry has tried to divert attention from the larger issues related to rule of law and political prosecution.
We expect OSCE countries to try and resolve political differences through dialogue. Opposing factions are expected to speak with one another not throw the representatives of the other side in jail.
The imprisonment of Tymoshenko, former Ukrainian Interior Minister Yuriy Lutsenko, and several other opposition figures who were prosecuted on charges related to the performance of their official duties is beginning to put a cloud over Ukraine’s upcoming OSCE chairmanship. The European Union has delayed signing an association agreement with Ukraine over the Tymoshenko case and the Parliamentary Assembly of the Council of Europe recently passed a resolution calling on Ukraine to immediately address the systemic deficiencies in its legal system if it is ever to have a European future.
I personally believe that Ukraine should have a European future, as well as a successful future within the OSCE and we still have some time between now and 2013 to see improvement. Ukraine’s ambitions to become the Chair of the OSCE can be read as an expression of commitment to the principles for which this organization stands, and that should be applauded. However, this commitment and Ukraine’s upcoming chairmanship will be empty and meaningless as long as citizens are denied their legal rights and the judicial system operates without transparency.
Walburga Habsburg Douglas is a member of the Swedish Parliament and vice president of the Organization for Security and Cooperation in Europe (OSCE) Parliamentary Assembly.
