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Opposition expects European Court ruling to be grounds for Tymoshenko, Lutsenko to run for parliament

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Aug. 4, 2012, 6:20 p.m. | Politics — by Interfax-Ukraine

If the European Court of Human Rights (ECHR) finds former Ukrainian Prime Minister Yulia Tymoshenko's conviction as politically motivated, this would be grounds for Tymoshenko's participation in parliamentary elections this autumn,Arseniy Yatseniuk says.
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If the European Court of Human Rights (ECHR) finds former Ukrainian Prime Minister Yulia Tymoshenko's conviction as politically motivated, this would be grounds for Tymoshenko's participation in parliamentary elections this autumn as the leader of the United Opposition Batkivschyna, Arseniy Yatseniuk, the head of the United Opposition's council, told journalists near the Central Elections Commission building on Friday.

"The fact that Yulia Tymoshenko tops the [electoral] list and [former Interior Minister] Yuriy Lutsenko is on this list has both political and legal grounds," Yatseniuk said.

Yatseniuk, the leader of the Front for Change Party, pointed out that the ECHR has already found Lutsenko's conviction politically motivated, and this is why "the existing authorities are dragging out the hearing of Tymoshenko's appeal."

"It's because a European Court of Human Rights' decision on political motives behind Tymoshenko's indictment would be grounds for Tymoshenko and Lutsenko to run in the election campaign," he said.

The United Opposition Batkivschyna list has been compiled by all parties comprising it, Yatseniuk said. "We have professional politicians, lawyers, people who worked for local self-government bodies and who have passed through the crucible of trials and struggle against [President Viktor] Yanukovych. We have people who will show a new quality of politics in a new Verkhovna Rada," he said.

"We are sure that we will win. We will get a democratic majority, we will release Tymoshenko and Lutsenko, and we will form a new quality of Ukraine. There are no people who could obstruct this," he said.

It was reported earlier that the United Opposition Batkivshchyna had submitted documents to the Central Elections Commission on August 3 for registering its parliamentarian candidates. Tymoshenko tops the list and Lutsenko is on the fifth position.

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cedrik Aug. 4, 2012, 7:30 p.m.    

No matter what the ECHR finds, their finding will be false. Mrs Tymoshenko has yet to exhaust her appeal process in Ukraine, therefore any finding by ECHR is groundless in that they are violating their own rules and bylaws. Look it up.

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Roman Dawydiak Aug. 5, 2012, 2:55 a.m.    

RUBBISH! The European Court of Human Rights are preparing to evaluate the initial trial and conviction of Yulia Tymoshenko. They have already explained the reason for the timing of preparing for that decision. You look it up Cedrik and while you are at it try reading THEIR rules and regulations in its entirety and not what you think should be their rules and regulations. As for the final decision of the ECHR, this cannot be appealed and the Ukrainian authorities are more than aware of that fact. Since the ECHR is under the jurisdiction of the Council of Europe, of which Ukraine has been a full member since 1996, Ukrainian authorities are bound to obey any court order coming from the ECHR. In fact Rinat Kuzmin on behalf of the PGO of Ukraine has already publicly stated that the Ukrainian judicial authorities will obey any verdict of the court. If Kyiv refuses to follow the orders of the court they will find themselves in a very precarious situation up to and including possible expulsion from the Council of Europe. Further ramifications are equally possible and all of them would be harmful to the current regime. If Yanukovych and his minions insist on wandering into that minefield they will be well on their way to their own ultimate self desruction.

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Roman Dawydiak Aug. 5, 2012, 2:59 a.m.    

Note: The last words should read "self destruction".

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cedrik Aug. 5, 2012, 7:35 a.m.    

I disagree. Besides, EU has made it abundantly clear that there will be no real agreements with Ukraine for the foreseeable future, so the question is moot.

Besides, when she is exonerated by the ECHR, which we know will happen regardless of the merits of the case, Ukraine will then simply hold her in detention on the current trial and the two others coming. Trust me, she won't be getting out of prison any time soon.

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Roman Dawydiak Aug. 5, 2012, 9:15 a.m.    

You are probably correct in that Yanukovych will not allow the release of any political prisoners prior the elections to the new VR. To do otherwise would be politically dangerous to say the least for the POR and it should be expected that Vitya and Company will stall on any decision regarding releases (citing technical matters) untill after the October vote. However, it should also be remembered that several Cabinet Ministers (including Khoroshkovsky, Hryshchenko and Poroshenko) have already strongly indicated that there would definitely be movement in the fall and early next year on new deals with financial aid and a rapprochement with the EU and other western powers. For this to come to fruition some form of accomadation will have to be agreed upon regarding the political detainees. Whether they like it or not this is the safest road for everyone involved. Any other alternative will only result in greater animosties and and tragic instability in Ukraine.

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cedrik Aug. 5, 2012, 11:21 a.m.    

In the end, Khvylia, it will come down to business. After the election, which it looks like PoR will win, Mrs Tymoshenko and others will be rapidly forgotten as the business climate improves for trade between Ukr and EU. Bottom line, it's money, as usual, for both sides. Politicians and courts can deal in abstracts, dreams and theories, but business will set the tone of any movement for rapproachment (never could spell) between Ukr and EU.

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gary yellando Aug. 5, 2012, 3:35 p.m.    

Yanko will never let her out, end of story

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blueriver Aug. 5, 2012, 10:31 p.m.    

Because Yanukovych is Afraid of the Lady Yulia

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blueriver Aug. 4, 2012, 11:13 p.m.    

Is it true Yanukovcyh went to Oxford University ?

Is it true Yanukovych loves Russia more than Ukraione ?

Is it true Yanukovych that Yanukovych tried to win election in 2004 with the help & support of Russia & money ?

Is it true Yanukovych is a bit of a big fool with no knowledge of world affairs ?

Is it true Yanukovych pays millions of Ukrainian tax payers money for a PR Company to try to at least make him and his family look good in the media ?

Who owns the land around Yanukovych mansion House ?

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cedrik Aug. 4, 2012, 11:37 p.m.    

Blueriver, do try to comment on the article. Don't try my patience. I've been kind to you so far.

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David Willcox Aug. 5, 2012, 12:54 a.m.    

YANUCKOVYCH~A law must surely be passed for his EXECUTION for TREASON!

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gary yellando Aug. 5, 2012, 3:33 p.m.    

and his sons....just hope the oppositon can pull off a no goer !!!

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carl Aug. 5, 2012, 8:41 p.m.    

Supreme law in Ukraine is constitution of Ukraine not ECHR Charter. EU says no new member before 2030 so no big deal if they impose visa ban on a few officials for ignoring ECHR. It will be business as usual after election.

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Roman Dawydiak Aug. 6, 2012, 3:23 a.m.    

My dear Carl, your credibility might be boosted significantly if you took the time to do some proper research before posting nonsensical half truths. The function of the ECHR has nothing to do with challenging the Constitutions of Member States. It has everything to do with ruling on accepted complaints from individuals or groups who are citizens of Member States and have provided proof regarding allegations of HUMAN RIGHTS VIOLATIONS from the countries in which they resided. As a Member of the Council of Europe, Ukraine has agreed to abide by any ruling from the ECHR which in turn is a branch of the Council of Europe. As for Ukraine's ambitions with the EU, there is no current intention to become a full Member State. The Government in Kyiv and the EU have successfully negotiated an ASSOCIATE MEMBER status for Ukraine. The primary issue that has not yet been resolved is the status of political detainees in Ukraine. Coming back to the issue of the final verdict in the cases involving Yuriy Lutsenko and Yulia Tymoshenko the Ukrainian Government will only have a limited time to comply with the final decision by the ECHR. If for whatever reason the Yanukovych Administration chooses not to comply then they will almost certainly face very damaging punitive actions from the Council of Europe. It most certainly would not be business as usual (as has been suggested), nor would the issue of human rights violations mysteriously disappear. Contrary to the wild dreams of some regionnaires the EU and other western powers will not allow the current regime "to have the cake and eat it too". It's as simple as that.

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Roman Dawydiak Aug. 6, 2012, 3:32 a.m.    

Note: The above mentioned comments regarding punitive actions in case of non-compliance only refer to a guilty verdict directed at an offender accused of human rights violations.

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