Tymoshenko – the case against democratic Ukraine? (Part 2)

Why is Tymoshenko’s hearing being delayed time and time again? And why is the former PM refusing certain medical treatment while in detention?

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Peter Lesniak is an independent Foreign Affairs Analyst concentrating on Eastern Europe and the Middle East. 

Part 2/3: Postponement of the hearing & refusing treatment in detention

The first part of this series discussed the precise allegations against the former Ukrainian PM including the abuse of political power and lack of procedural approach in inter-governmental contract negotiations.

Today, let’s focus on why Tymoshenko’s hearing is being delayed time and time again and why the former PM refuses certain medical treatment while in detention.

Back to 2012, the Ukrainian high court in Kyiv has, for the fourth time, granted a motion for the final hearing to be postponed until August 16th pending a medical examination (which will establish whether the former-PM is fit to attend the hearing).

Officially, Tymoshenko is being treated for back problems in the state-run Kharkiv Hospital and is currently awaiting further results before being allowed to participate in the hearing.

Nonetheless, the voices behind the scenes identify other reasons that explain why Yanukowych’s government do not want the hearing to proceed. First, such were the coincidences in the Kiev High Court that the process of former Ukrainian President Leonid Kuchma was scheduled for the same day (June 26th), at the same time, and with the same judge as the Tymoshenko case, (although the latter has been agreed months before).

Secondly, the Ukrainian parliamentary elections will take place on 28th October 2012. The deadline for submitting applications for parties standing in elections is August 13th. Clearly, even if the court hearing will, this time, be conducted on time and Tymoshenko is cleared of all allegations, her All-Ukrainian Union “Fatherland” party would not have a chance to compete in the upcoming elections.

There can be hardly any doubt that Tymoshenko feels determined to participate in the political process in Ukraine. Nonetheless, it is hard to participate when the system itself acts like an unconquerable bureaucratic barrier. I met with one Ukrainian lawyer very closely involved in the Tymoshenko case who made it very clear that the former prime minister is seriously worried about her health whilst in detention.

 


See also:

Julia Tymoshenko – the case against democratic Ukraine? (Part 1) 13 Aug 2012


 

She is worried to the point that a formal application to the European Court of Human Rights has been submitted on the basis of a violation of Article 2, (right to life). The European Court of Human Rights will hold a public hearing on the case of Tymoshenko v. Ukraine on August 28th  concerning complaints related to her detention.

In addition, Tymoshenko alleges that her Article 3 (prohibition of degrading treatment or punishment), Article 5 (right to liberty and security), Article 8 (right to private life) and Article 18 rights (limitation on use of restrictions on rights) of the European Convention on Human Rights have been violated.

In addition, considering previous cases of incidents in detention facilities, it is no surprise that Tymoshenko refuses to give blood for a medical examination.

Past cases include former minister of Interior who lost twenty-five percent of his body weight and developed hepatitis whilst in a detention facility; and a former Minister of Defence who also developed problems with his back whilst in pre-trial detention. The latter has been in the detention facility for almost 2 years now without trial.

 


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7 Responses to “Tymoshenko – the case against democratic Ukraine? (Part 2)”

  1. DJ

    European Court has no jurisdiction anywhere. All it does is just give an advisory opinion. She refuses prison doctors because they will determine full extent without allowing exaggeration to stall process. German doctors get paid to diagnose the way the payer wants them to.

  2. PL

    It’s not in her interest to delay the process!

  3. Newsbot9

    So not only are you unaware of the law, you just outed yourself as bigoted against Germans. You’re not really helping your case, the Ukraine is back on several blacklists I know lately for it’s political makeup.

  4. DJ

    You’re right about jurisdiction of European Court. Thank you for correcting me.

  5. DJ

    Re: German doctors, etc. People work for those by whom they are being paid regardless of what country they’re from.

  6. DJ

    Ukrainian legal system does not allow sick people to be tried in court. She has to get well before the Ukrainian court can make her show up, unlike other countries where they will bring a sick person in on a stretcher and with oxygen tank.

  7. Newsbot9

    Something which has demonstrably been used for indefinite detention without trial.

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