Court: Tymoshenko jailing was rights abuse

| Tuesday, April 30, 2013, 10:21 p.m.

KIEV — Ukraine's jailing of former Prime Minister Yulia Tymoshenko was a politically motivated violation of her rights, Europe's human rights court ruled on Tuesday, dealing a harsh blow to President Viktor Yanukovych who has insisted that the case against his top opponent was not political.

The prosecution of Tymoshenko, the country's most vocal opposition leader, has strained the former Soviet state's ties with the European Union and the United States. Tuesday's ruling put fresh pressure of Yanukovych to ensure Tymoshenko's release if he wants to sign a key cooperation agreement with Brussels later this year.

There was no immediate comment from the government, other than a promise to closely analyze the ruling.

Tymoshenko, a heroine of Ukraine's 2004 pro-democracy Orange Revolution who was instantly recognizable her blond braid wrapped around her head like a crown, was sentenced to seven years in prison in October 2011 after being convicted of exceeding her powers as premier while negotiating a gas contract with Russia.

The West has condemned Tymoshenko's jailing and other legal cases against her as politically motivated and insisted on her release.

Tymoshenko has accused Yanukovych of masterminding the legal campaign against her to keep her out politics. She insists her rights were violated when she was first jailed in August 2011 during her trial on charges of contempt of court. The Strasbourg-based court agreed unanimously that her jailing was “for other reasons” than those permissible by law.

In Kiev, Tymoshenko's defense team called on Yanukovych to honor the ruling and free her from jail soon. Her daughter Eugenia said that the ruling will be like the “first ray of sunlight” for her mother who is undergoing treatment for a spinal condition in a hospital ward where windows are shut and draped.

“The European court has recognized my mom as a political prisoner and now the authorities in Ukraine will no longer be able to deny this and deny the fact that she must be freed in the coming days or weeks,” a triumphant Eugenia Tymoshenko told reporters. “Today is the first step toward her complete political rehabilitation and she will be freed soon. Soon she will be completely cleared of all the false and absurd accusations.”

The Ukrainian government's response to the ruling was muted. In Strasbourg, Ukraine's Permanent Representative to the Council of Europe, Mykola Tochytskyi, stormed out of the courthouse after the ruling was read out. In Kiev, the Foreign Ministry said it is not ready to comment until It scrutinizes the ruling, while a government representative with the Court told the Interfax news agency that the government may appeal. Both sides have three months to do so.

Yanukovych has left Kiev on a short vacation and his spokeswoman could not be reached for comment on the prospects of the president releasing Tymoshenko.

In the past Yanukovych has insisted that the Tymoshenko case is not political, that Ukrainian courts are independent and that he cannot interfere in the legal proceedings. He has also resisted calls to pardon Tymoshenko on humanitarian grounds. Yanukovych has said that he will consider pardoning her after all the other legal proceedings against her are over. Tymoshenko has been charged with embezzlement, tax evasion and organizing the murder of a politician and businessman 17 years ago — charges she denies.

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