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Kyiv Post publishes official translation of deputy prosecutor general's Oct. 3 open letter to the US Congress

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Oct. 8, 2012, 3:53 p.m. | Op-ed — by Kyiv Post Staff

Ukrainian Deputy Prosecutor General Renat Kuzmin
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Kyiv Post Staff

 Editor’s Note: The Kyiv Post on Oct. 3 published online an unofficial English-language translation of an open letter to the U.S. Congress written the same day by Ukrainian Deputy Prosecutor General Renat Kuzmin. The version published included many grammatical and contextual mistakes, although the substance of both official and unofficial versions is essentially identical. The original letter was written in Russian, while the unofficial translation done by an unknown third party was edited by the Kyiv Post. Kuzmin notified the Kyiv Post of the mistakes on Oct. 6 and alerted us to the official English translation posted on the General Prosecutor Office's website on Oct. 5. The newspaper is publishing below the official translation, which can also be found here on the website of the General Prosecutor’s Office.

 Dear Members of Congress!

      My name is Renat Kuzmin, I am the citizen of Ukraine, Doctor of Laws, Professor at the National Academy of Prosecution of Ukraine, Deputy Prosecutor General of Ukraine. Father of two children. Christian.

     My appeal to You is caused by the United States Senate's adopting resolution on Ukraine. The basis to this resolution was the situation with Julia Tymoshenko in Ukraine, which, from my point of view, was not adequately received by some American politicians. The basis to this involuntary errancy is insufficient awareness and sidedness of evaluations, which were formed by party in interest.

      The matter is about Julia Tymoshenko's case, with respect to whom Ukrainian investigators are inquiring into cases upon the matter of her committing serious crimes. I am addressing to You as a person, who craves for the citizens of Ukraine to live in the democratic country. I dream about Ukraine, in which the criterion for justice and basis for social interrelations is Law. I also dream about Ukraine, in which Law is equally fair to all the citizens, including those, who represent my Motherland at the highest level.

      Our country got its independence 20 years ago, having eliminated the Soviet totalitarian system oppression. We are building civil society for free people. We are facing many obstacles and challenges on our way, but we are heading insistently to our goal. The United Sates of America set the example for Ukraine as the Great Country, which has experience, that is beyond price, for establishing democratic institutions. We are learning from You.

     I am led by patriotism and responsibility to Ukrainian nation. I am deeply convinced, that the adopted resolution on Ukraine could be considered fair neither to our young state nor to all of its citizens.

     The interested in this resolution party, representing Julia Tymoshenko, has brought Senate under delusion, providing specially selected and bias information, which was based only on emotions, without taking into consideration the actual facts. The other party had no opportunity to proffer its arguments. Not being provided with the precise and reliable information, it is rather difficult to distinguish the truth.

By adopting this resolution, Senate demanded that Ukraine should terminate its criminal prosecution of Julia Tymoshenko, including the case of organising and financing assassination of Ukrainian Parliament Member and other three absolutely innocent people.

     There may not be many truths, there is only one, and in the case of Mrs. Tymoshenko the investigators are establishing the truth. The claim to terminate seeking for the truth in the case of murdering four people, voiced in Senate, caused bewilderment and disappointment, expressed by majority in our society. Do the American authorities wish to hinder establishing the truth through posing threats and ultimatums, acting from the position of strength?

     According to Christian Saint: "God appears not in power, but in truth." And the task for prosecutor is to establish it, not attempting to hide it from the world community, regardless of how unpleasant or horrific it might be.

     I may not imagine, that the U.S. Senate could demand that an American prosecutor should terminate investigation of mass murdering the citizens on September, 11, 2001 only due to prosecutor's testing whether an influential oppositional politician is involved in this terrible crime. I may not imagine, that the U.S. Senate could demand that Sweden should terminate criminal case upon the matter of murdering Prime Minister Olof Palme for analogous reasons. Senate would uniquely not terminate searching for Al-Qaeda leaders. I do not understand for what reason Senate recommends Ukraine to terminate investigation of murdering four people.

     General Prosecutor's Office of Ukraine within the period of 2011-2012 appealed to Department of Justice and State Department of the USA more than 20 times in order to receive assistance in interviewing former Prime Minister of Ukraine Pavel Lazarenko, who claimed about his readiness to bear testimony to Ukrainian investigators. In fact, we never received a response. We had no opportunity to receive important testimony about murders in Ukraine.

     It might be, that the resolution of Senate is the answer to Ukraine's efforts in searching for murderers of influential politician, his wife and two innocent people? Can this resolution possibly mean, that the person, having reached the high governmental level of authority, is extrajudicial?

     How would an American prosecutor act in case of Ukrainian Parliament demanding that one should terminate the penal action in the case of former Ukrainian Prime Minister Pavel Lazarenko, accusing the USA of politically motivated justice? I shall remind, that in accordance with American Court verdict, he is serving his 10-year sentence in Californian prison.

     I am ready to speak in front of You in Congress. I am also ready to provide all the documents upon this matter. I am ready to speak to American media in order to tell the truth. I will be glad if You hear me. My only motivation is my desire to convey my position, so You would know the truth. According to former American President of the USA: "Law and one are always a majority."

     There is no doubt, that the termination of criminal case concerning the matter of murdering four people, is a great sin in face of God and people. By permitting it occur, we will commit another crime, showing the new generation, that the politician, who has the powers, may with impunity act illegally, and even murder people.

     The dramatic effect of the situation, which was created by Julia Tymoshenko's associates artificially, should not obscure authentic documentary facts and must not permit us compromise with crime.

     I am fully persuaded, that You were not provided with sufficient information upon the matter of Julia Tymoshenko having inflicted an irretrievable damage to Ukraine, which affected moral state of the

whole nation. Primarily, we wish that the fair trial will bring an answer to the question whether a prosecutor or a lawyer was more convincing. We believe, that this decision should not be made by Senate, to which Ukrainians express as much respect and trust, as Americans.

     Dear Members of Congress, I am asking for your accepting my open letter, as if I asked to accept thoughts of a person, who believes in Higher Justice. I hope, that You will be led by it while adopting resolution in this hard case. I also believe, that my letter will serve Your reverting to the resolution on Ukraine, having obtained the facts.

     I wish You and Your country further prosperity and success on the way of preserving peace and stability on our planet.

 Yours Sincerely,

Renat Kuzmin

 

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