Congress Resolution: The US Imposes Sanctions Against Yanukovych. DOCUMENT

The Ukrainian President' visit to 67th Session of the UN General Assembly is ruined. On the eve of Viktor Yanukovych's trip, the United States have made a serious step to imposing sanctions in regard to high ranking Ukrainian officials.

In recent years the US Congress had numerous resolutionsregistered in regard to Ukraine that called on implementingsanctions to officials because of opposition persecution.

However, all these documents remained declarations of intent.Yesterday the meeting of Senate Committee on Foreign Relationsunanimously passed a resolution drafted by Jim Inhofe.

The passed document became much softer than the initial draft. Thedemand to call off the US ambassador from Ukraine and cease theembassy's work was removed. Senators have also stroke out thespecific names of Viktor Yanukovych and Viktor Pshonka from thelist of people who should be prohibited entry to the US. However,the demand to impose sanctions on Ukrainian officialsremains.

The Ukrainian Ministry of Foreign Affairs has expressed doubts tothe legality of passing the resolution in the committee's meetingsince it was voted in package with numerous other documents.However, the unity of the committee represented 50/50 byRepublicans and Democrats leaves no doubt as to the intent.

Please find the text below:



2d Session

S. RES. 466

Calling for the release from prison of former PrimeMinister of Ukraine Yulia Tymoshenko.


MAY 17, 2012

Mr. INHOFE submitted the following resolution; which wasreferred to the Committee on Foreign Relations


Calling for the release from prison of former PrimeMinister of Ukraine Yulia Tymoshenko.

Whereas, Ukraine has experienced encouraging growth andreforms since it declared its independence from the former SovietUnion in 1991 and adopted its first constitution in 1996;

Whereas, the 1996 constitution provided basic freedomslike the freedom of speech, assembly, religion, and press, but wasultimately too weak to contain the existing corruption-lacedpolitical culture inherited from its communist past;

Whereas, as a result of the electoral fraud by which Mr.Yanukovych was declared the winner, the citizens of the Ukraineorganized a series of protests, strikes, and sit-ins, which came tobe known as 'The Orange Revolution';

Whereas, the Orange Revolution, in concert with UnitedStates and international pressure, forced the Supreme Court ofUkraine to require an unprecedented second run-off election, whichresulted in opposition leader Mr. Yushchenko defeating Mr.Yanukovych by a margin of 52 percent to 44 percent;

Whereas, in the 2010 presidential election, incumbentYushchenko won only 5.5 percent in the first round of voting, whichleft former Prime Minister Yanukovych and then Prime Minister YuliaTymoshenko to face one another in the run-off election;

Whereas, Mr. Yanukovych defeated Ms. Tymoshenko by amargin of 49 percent to 44 percent;

Whereas, shortly after the 2010 inauguration of Mr.Yanukovych, the Ukrainian Constitutional Court found most of the2004 Orange Revolution inspired constitutional reformsunconstitutional;

Whereas, in 2010, President Yanukovych appointed ViktorPshonka Prosecutor General, equivalent to the United StatesAttorney General;

Whereas, since Mr. Pshonka's appointment, more than adozen political leaders associated with the 2004 Orange Revolutionhave faced criminal charges under the Abuse of Office and ExceedingOfficial Powers articles of the Ukrainian Criminal Code;

Whereas, in 2011, Prosecutor General Pshonka broughtcharges under these Abuse of Office articles against former PrimeMinister Yulia Tymoshenko over her decision while in office toconclude a natural gas contract between Ukraine and Russia;

Whereas, on October 11, 2011, Tymoshenko was foundguilty and sentenced to seven years in prison, fined $189,000,000,and banned from holding public office for three years;

Whereas, recognizing the judicial abuses present inUkraine, the Parliamentary Assembly Council of Europe (PACE) passedResolution 1862 on January 26, 2012;

Whereas, Resolution 1862 declared that the Abuse ofOffice and Exceeding Official Powers articles under whichTymoshenko was convicted are 'overly broad in application andeffectively allow for ex post facto criminalization of normalpolitical decision making';

Whereas, since Ms. Tymoshenko's imprisonment, theProsecutor General's Office has reopened additional cases againsther that were previously closed and thought to be sealed under aten-year statute of limitations;

Whereas, on October 28, 2011, the Ukrainian DeputyProsecutor General alleged in a television interview that Ms.Tymoshenko was involved in contract killings, tax evasion, bribery,and embezzlement;

Whereas, at the time of the Deputy Prosecutor's publicallegations, no formal charges were filed, thereby violating Ms.Tymoshenko's right to 'presumed innocence' guaranteed by Article6(2) of the European Convention on Human Rights;

Whereas, since August 5, 2011, Ms. Tymoshenko haslanguished in a prison cell in Ukraine with limited outside contactand access to needed medical treatment;

Whereas, the denial of proper medical assistance hasleft Ms. Tymoshenko in a failing state of health;

Whereas, international calls for Ms. Tymoshenko'srelease, access to outside visitors, and adequate medical treatmenthave been ignored even as her health continues to deteriorate;

Whereas, on April 28, 2012, major international newsorganizations, including the British Broadcast Corporation andReuters, reported on and produced photos of bruises received by Ms.Tymoshenko during an apparent beating by prison guards on April 20,2012;

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

Whereas, amid international outrage, the European Unionhas delayed indefinitely the signing of a free trade agreement withUkraine, and the member countries of the Organization for Securityand Co-operation in Europe currently are deliberating whether toallow Ukraine to assume the chairmanship of the organization, whichhas been scheduled for 2013; and

Whereas, under international pressure, Ms. Tymoshenkowas moved to a hospital in Kharkiv on May 9, 2012, prompting her toend her hunger strike: Now, therefore, be it

Resolved, That the Senate--

(1) condemns the administration of President ViktorYanukovych for the politically motivated imprisonment of formerPrime Minister Yulia Tymoshenko;

(2) calls on the Yanukovych administration to releaseMs. Tymoshenko immediately for medical reasons;

(3) urges the Organization for Security and Cooperationin Europe not to recognize Ukraine's scheduled 2013 chairmanship ofthe Organization until the release of Ms. Tymoshenko;

(4) urges the Department of State to withdraw the UnitedStates Ambassador to the Ukraine and suspend operations at theUnited States Embassy in Kiev until the release of Ms.Tymoshenko;

(5) calls on the Department of State to institute a visaban against President Yanukovych, Prosecutor General ViktorPshonka, and other officials responsible for Ms. Tymoshenko'simprisonment; and

(6) calls on the North Atlantic Treaty Organization tosuspend all cooperative agreements with Ukraine and place Ukraineon indefinite probation with regard to its Distinctive Partnershipwith the Organization until the release of Ms. Tymoshenko.

Источник: https://en.censor.net.ua/p218115