Ukraine
Ukraine’s prison problem
09.03.2012.
If Ukraine wants to make its upcoming chairmanship of the Organization for Security and Co-operation in Europe a meaningful success next year, it will need to improve its judicial system this year.
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.
Walburga Habsburg Douglas
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.
Walburga Habsburg Douglas
Open letter to UEFA concerning political situation in Ukraine
09.03.2012.
9. März 2012
To
UEFA
Michel Platini, President
Route de Genève 46
Post Box
CH-1260 Nyon 2
Dear Mr. President:
In less than 100 days, the UEFA EURO 2012 will have its first match. The championship will partially take place in Ukraine. The signatories of this letter are deeply concerned about the current political and judicial situation in the country. Without exaggerating, we have the impression that the Ukrainian Government will try to use the sportive event as a huge PR campaign for its own purpose, while opponents of the President are still in jail, the critical media cannot work according to international standards.
Especially the situation for imprisoned Yulia Tymoshenko, former Prime Minister of the Ukraine and main opponent of President Yanukovytch, is deteriorating. The decision by a Kiev court to jail Tymoshenko for seven years for abuse of office is an unambiguous signal. It says that Yanukovych does not really care what the EU thinks about him. It also confirms what Yanukovych's critics have been saying for some time – that under his leadership the country is sliding towards a "managed democracy" and autocratic rule.
Since taking power, Yanukovych has rapidly reversed the fragile democratic gains of the Orange Revolution. He has put a squeeze on the country's independent media, with TV now in the hands of a bunch of pro-regime oligarchs. Opposition journalists – such as the investigative reporter Vasyl Klymentyev – have disappeared. In parliament, Yanukovych's Party of the Regions has, using dubious means, achieved a majority. And politically motivated prosecutions have been brought against Tymoshenko and other senior members of her bloc.
But what is clear is that the case was designed to nobble Tymoshenko and to cripple the pro-western, anti-Yanukovych forces she represents. The trial bears comparison with that of Mikhail Khodorkovsky, the Russian oligarch who fell out with Vladimir Putin.
She is now unable to participate in Ukraine's next two elections: parliamentary ones in 2012, and the next presidential election in 2015.
Western parliamentarians, like members of the OSCE Parliamentary Assembly, are not allowed to visit Ms. Tymoshenko in jail and verify her physical and mental condition. All Western European governments and parliaments made their position clear: They are not willing to tolerate a regime in Kiev, that suppresses all major fundamental European and international human and civil rights.
Although the UEFA is not a political institution, we know that the organization's power does not end at the football stadium. But as the EURO 2012 was and is one of the most important sportive and social events in Europe, it also gives an example, how society, European organizations and sport can have an influence on political surpression in regimes like Ukraine. You might heard that some managers of successful European football teams already announced, that they will boycott the Ukrainian EURO 2012, not traveling to the country, even not watching it on TV.
Therefore, we would like to ask you as the President of the UEFA not to close your eyes on what is happening in the Ukraine. Please mention the issues of political suppression and injustice in public, talk about it with Ukrainian officials and the government.
You represent the official and only European football organization, a sport that is not only challenging for the teams, but is also in general a part of the broader European idea. Therefore we urge you to serve as a representative of those rights, that are essential for our international community and raise your voice, not only for the people in Ukraine, but for all Europeans.
We are looking forward to hearing from you.
Sincerely,
Elmar Brok MEP, Chairman Foreign Affairs Committee of the European Parliament
Viola von Cramon MP, Bündnis 90/Die Grünen Speaker on Foreign Relation of the European Union of the German Parliament
Walburga Habsburg Douglas MP, Vice-President of the OSCE Parliamentary Assembly
Michael Laubsch, President Eurasian Transition Group
Matteo Mecacci MP, Chairman Third Committee of the OSCE Parliamentary Assembly
Charles Tannock MEP, ECR Group Coordinator on Foreign Affairs Committee of the European Parliament

Original letter
To
UEFA
Michel Platini, President
Route de Genève 46
Post Box
CH-1260 Nyon 2
Dear Mr. President:
In less than 100 days, the UEFA EURO 2012 will have its first match. The championship will partially take place in Ukraine. The signatories of this letter are deeply concerned about the current political and judicial situation in the country. Without exaggerating, we have the impression that the Ukrainian Government will try to use the sportive event as a huge PR campaign for its own purpose, while opponents of the President are still in jail, the critical media cannot work according to international standards.
Especially the situation for imprisoned Yulia Tymoshenko, former Prime Minister of the Ukraine and main opponent of President Yanukovytch, is deteriorating. The decision by a Kiev court to jail Tymoshenko for seven years for abuse of office is an unambiguous signal. It says that Yanukovych does not really care what the EU thinks about him. It also confirms what Yanukovych's critics have been saying for some time – that under his leadership the country is sliding towards a "managed democracy" and autocratic rule.
Since taking power, Yanukovych has rapidly reversed the fragile democratic gains of the Orange Revolution. He has put a squeeze on the country's independent media, with TV now in the hands of a bunch of pro-regime oligarchs. Opposition journalists – such as the investigative reporter Vasyl Klymentyev – have disappeared. In parliament, Yanukovych's Party of the Regions has, using dubious means, achieved a majority. And politically motivated prosecutions have been brought against Tymoshenko and other senior members of her bloc.
But what is clear is that the case was designed to nobble Tymoshenko and to cripple the pro-western, anti-Yanukovych forces she represents. The trial bears comparison with that of Mikhail Khodorkovsky, the Russian oligarch who fell out with Vladimir Putin.
She is now unable to participate in Ukraine's next two elections: parliamentary ones in 2012, and the next presidential election in 2015.
Western parliamentarians, like members of the OSCE Parliamentary Assembly, are not allowed to visit Ms. Tymoshenko in jail and verify her physical and mental condition. All Western European governments and parliaments made their position clear: They are not willing to tolerate a regime in Kiev, that suppresses all major fundamental European and international human and civil rights.
Although the UEFA is not a political institution, we know that the organization's power does not end at the football stadium. But as the EURO 2012 was and is one of the most important sportive and social events in Europe, it also gives an example, how society, European organizations and sport can have an influence on political surpression in regimes like Ukraine. You might heard that some managers of successful European football teams already announced, that they will boycott the Ukrainian EURO 2012, not traveling to the country, even not watching it on TV.
Therefore, we would like to ask you as the President of the UEFA not to close your eyes on what is happening in the Ukraine. Please mention the issues of political suppression and injustice in public, talk about it with Ukrainian officials and the government.
You represent the official and only European football organization, a sport that is not only challenging for the teams, but is also in general a part of the broader European idea. Therefore we urge you to serve as a representative of those rights, that are essential for our international community and raise your voice, not only for the people in Ukraine, but for all Europeans.
We are looking forward to hearing from you.
Sincerely,
Elmar Brok MEP, Chairman Foreign Affairs Committee of the European Parliament
Viola von Cramon MP, Bündnis 90/Die Grünen Speaker on Foreign Relation of the European Union of the German Parliament
Walburga Habsburg Douglas MP, Vice-President of the OSCE Parliamentary Assembly
Michael Laubsch, President Eurasian Transition Group
Matteo Mecacci MP, Chairman Third Committee of the OSCE Parliamentary Assembly
Charles Tannock MEP, ECR Group Coordinator on Foreign Affairs Committee of the European Parliament

Original letter
RESOLUTION TO SUPPORT YULIA TIMOSHENKO
27.02.2012.
RESOLUTION TO SUPPORT YULIA TIMOSHENKO
EPP and likeminded Group in the OSCE-PA
Regarding the current situation of the trial of Mrs. Yulia Timoshenko, former Prime Minister of Ukraine, the EPP and likeminded Group in the OSCE-PA is:
• Deeply concerned about her personal, physical and health conditions in prison,

• Expresses its worries about her health situation and asks the Government of Ukraine to provide the best possible medical care by a medical team nominated by her and, if necessary, the transfer to any specialized medical centre of her choice, inside or outside the national territory, even if remaining in the custody of the competent authorities.

• Urges the Ukrainian authorities to allow the visit of observers and International Organisations like the International Red Cross, after the failed attempts to do so by observers of the OSCE-PA, NGOs, and political parties including the EPP led by Wilfred Martens,

• Regrets the constant violation of the fundamental Human Rights regarding her trial, the lack of Justice and the lack of respect to the Rules of International Rights,
• Recognises that Ukraine is strengthened by effective multiparty democracy and that Ukraine is weakened by one group controlling politics and influencing the judiciary.
• Calls upon the International community and the EPP and likeminded Member Parties to show its commitment to International Law and to seek a democratic rule of law in Ukraine and an independent judiciary.
We hope that the President and Government of Ukraine, leading political forces and its judicial system, will be able to resolve this problem in accordance with norms of international law permitting Yulia Timoshenko and other politicians in prison participate in the next elections contributing to the democratisations of Ukrainian powers and society.
EPP and likeminded Group in the OSCE-PA
Regarding the current situation of the trial of Mrs. Yulia Timoshenko, former Prime Minister of Ukraine, the EPP and likeminded Group in the OSCE-PA is:
• Deeply concerned about her personal, physical and health conditions in prison,

• Expresses its worries about her health situation and asks the Government of Ukraine to provide the best possible medical care by a medical team nominated by her and, if necessary, the transfer to any specialized medical centre of her choice, inside or outside the national territory, even if remaining in the custody of the competent authorities.

• Urges the Ukrainian authorities to allow the visit of observers and International Organisations like the International Red Cross, after the failed attempts to do so by observers of the OSCE-PA, NGOs, and political parties including the EPP led by Wilfred Martens,

• Regrets the constant violation of the fundamental Human Rights regarding her trial, the lack of Justice and the lack of respect to the Rules of International Rights,
• Recognises that Ukraine is strengthened by effective multiparty democracy and that Ukraine is weakened by one group controlling politics and influencing the judiciary.
• Calls upon the International community and the EPP and likeminded Member Parties to show its commitment to International Law and to seek a democratic rule of law in Ukraine and an independent judiciary.
We hope that the President and Government of Ukraine, leading political forces and its judicial system, will be able to resolve this problem in accordance with norms of international law permitting Yulia Timoshenko and other politicians in prison participate in the next elections contributing to the democratisations of Ukrainian powers and society.