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Ukraine has experienced encouraging growth and reforms since it
declared its independence from the former Soviet Union in 1991 and
adopted its first constitution in 1996;

the 1996 constitution provided basic freedoms like the freedom of
speech, assembly, religion, and press, but was ultimately too weak to
contain the existing corruption-laced political culture inherited
from its communist past;

as a result of the electoral fraud by which Prime Minister Viktor
Yanukovych was declared the winner of the 2004 presidential election,
the citizens of the Ukraine organized a series of protests, strikes,
and sit-ins, which came to be known as `The Orange Revolution’;

the Orange Revolution, in concert with international pressure, forced
an unprecedented second run-off election, which resulted in
opposition leader Viktor Yushchenko defeating Mr. Yanukovych by a
margin of 52 percent to 44 percent;

in the 2010 presidential election, incumbent Yushchenko won only 5.5
percent in the first round of voting, which left former Prime
Minister Yanukovych and then Prime Minister Yulia Tymoshenko to face
one another in the run-off election;

Mr. Yanukovych defeated Ms. Tymoshenko by a margin of 49 percent to
44 percent;

shortly after the 2010 inauguration of Mr. Yanukovych, the Ukrainian
Constitutional Court found most of the 2004 Orange Revolution
inspired constitutional reforms unconstitutional;

in 2010, President Yanukovych appointed Viktor Pshonka Prosecutor

since Mr. Pshonka’s appointment, more than a dozen political leaders
associated with the 2004 Orange Revolution have faced criminal
charges under the Abuse of Office and Exceeding Official Powers
articles of the Ukrainian Criminal Code;

in 2011, Prosecutor General Pshonka brought charges under these Abuse
of Office articles against former Prime Minister Yulia Tymoshenko
over her decision while in office to conclude a natural gas contract
between Ukraine and Russia;

on October 11, 2011, Ms. Tymoshenko was found guilty and sentenced to
seven years in prison, fined $189,000,000, and banned from holding
public office for three years following the completion of her

recognizing the judicial abuses present in Ukraine, the Parliamentary
Assembly Council of Europe (PACE) passed Resolution 1862 on January
26, 2012;

Resolution 1862 declared that the Abuse of Office and Exceeding
Official Powers articles under which Ms. Tymoshenko was convicted are
`overly broad in application and effectively allow for ex post facto
criminalization of normal political decision making’;

since Ms. Tymoshenko’s imprisonment, the Prosecutor General’s Office
has reopened additional cases against her that were previously closed
and thought to be sealed under a 10-year statute of limitations;

beginning on October 28, 2011, and multiple times since, Ukrainian
Deputy Prosecutor General Renat Kuzmin has alleged in television
interviews that Tymoshenko was involved in contract killings, but has
filed no formal charges;

for much of Ms. Tymoshenko’s detention, she had limited outside
contact and access to needed medical treatment;

international calls for Ms. Tymoshenko’s release, access to outside
visitors, and adequate medical treatment were initially ignored even
as her health continued to deteriorate;

on April 28, 2012, major international news organizations, including
the British Broadcast Corporation and Reuters, reported on and
produced photos of bruises allegedly received by Ms. Tymoshenko from
prison guards on April 20, 2012;

in response to her inhumane treatment, Ms. Tymoshenko began a hunger
strike on April 20, 2012;

amid international outrage, the European Union has delayed
indefinitely the signing of a free trade agreement with Ukraine;

under international pressure, Ms. Tymoshenko was moved to a hospital
in Kharkiv on May 9, 2012, prompting her to end her hunger strike,
yet leaving her in poor health; and

on May 30, 2012, the European Parliament passed a resolution
(C153/21) deploring the sentencing of Ms. Tymoshenko: Now, therefore,
be it


the Senate–

condemns the selective and politically motivated prosecution and
imprisonment of former Prime Minister Yulia Tymoshenko;

expresses its deep concern that the politicized prosecutions and
continued detention of Ms. Tymoshenko and other members of her
party took place in a country that is scheduled to assume
chairmanship of the Organization for Security and Cooperation in
Europe (OSCE) in 2013;

expresses its deep concern that the continued detention of Ms.
Tymoshenko threatens to jeopardize ties between the United States
and Ukraine;

calls for the Government of Ukraine to release Ms. Tymoshenko, to
provide her with timely access to medical care, and to conduct the
October parliamentary elections in a fair and transparent manner
consistent with OSCE standards; and

calls on the Department of State to institute a visa ban against
those responsible for the imprisonment and mistreatment of Ms.
Tymoshenko and the more than dozen political leaders associated
with the 2004 Orange Revolution.

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