Proposition 53K1955

Proposition de résolution concernant la condamnation et la peine d'emprisonnement infligées à Mme loulia Timochenko et à d'autres anciens membres du gouvernement ukrainien.

General information ¶

Authors

CD&V Peter Luykx, Stefaan Vercamer
N-VA Ingeborg De Meulemeester, Els Demol, Daphné Dumery

Submission date

Dec. 13, 2011

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

Ukraine imprisonment resolution of parliament political rights human rights rights of the defence

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP ∉ Open Vld N-VA LDD MR VB

Contact form ¶

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Discussion ¶

May 10, 2012 | Plenary session (Chamber of representatives)

Full source

Mr. Speaker, Mr. Minister of Foreign Affairs, colleagues, this resolution focuses primarily on the situation in Ukraine and in particular on the conviction of Mrs. Timoshenko and other former members of the Ukrainian government.

The resolution dates back to the end of 2011 and after a lot of debate, the various political groups have submitted amendments to update them. Why does the Committee on Foreign Relations want to discuss this resolution absolutely today, while the topic, the situation in Ukraine, is on the agenda of the European Council of Ministers on 14 May? In his explanation, the representative of the Minister of Foreign Affairs stated that it is very important that Ukraine subscribes to a logic of democratic countries and that Ukraine still has a lot of work to do and must act accordingly. Our government considers this super-important in the light of the European Football Championship, the elections in Ukraine in October 2012 and the Ukrainian presidency of the OSCE in 2013.

The resolution specifically calls on the government, in consultation with the Member States of the European Union, to express its dissatisfaction with the Ukrainian authorities over the Timoshenko trial and the other dissidents and, in particular, to emphasize that the allegations against Ms. Timoshenko are based on a crime that is not internationally recognized as a crime at all. She also calls for the Ukrainian authorities to insist on the absolute need for transparency in investigations, prosecution and trials and – I think this is the most important thing – to state in them that criminal cases should not serve political purposes and that in this case we may be in trouble.

The resolution also calls on the government to express to the Ukrainian authorities our concerns about the prosecution and arrest of political opponents. We are talking here not only about Mrs. Timoshenko but also about other members of the cabinet, such as Mr. Lutsenko.

The resolution further states that the government must insist on the Ukrainian authorities to ensure that political convicts are entitled to a fair and transparent appeal procedure. Furthermore, we oppose the fact that individual members of the government may be prosecuted for decisions taken by this government in general. These are the actions that the resolution of our government requires.

Then there is a section in which a number of questions are asked to our High Representative for Foreign Affairs and to the European Commission. We ask that our diplomats and our government emphasize that there are conditions to continue the negotiations and the ratification of the Association Agreement between the European Union and Ukraine, and that it is not obvious to do so in the current state of affairs.

In this light, we also ask to remain faithful to the common values and principles of the Union, also in the spirit in which the Eastern Partnership has been established. It is very important to build good relations with Ukraine, but one condition is that values and principles such as freedom, democracy, respect for human rights, fundamental freedoms and respect for the rule of law are respected. That is crucial.

Finally, we call on the European Commission to mobilise resources and assist Ukraine in judicial reforms. We request that the European Union’s capacity programme be used for this purpose and to consider whether we should not establish a High Level Advisory Group at European level to ensure that Ukrainian courts comply with European standards in the field of justice. According to the applicants and members of the committee, this is not the case at the moment.

The resolution was finally unanimously adopted in the committee after a lot of amendments.

Dear President, Dear colleagues, Dear Ministers, the resolution presented here for voting came in response to a general and international concern about the situation in Ukraine, in particular the lack of respect for political and human rights in that country. This was due to the conviction of the former Ukrainian Prime Minister Timoshenko. She was sentenced to seven years in prison for abuse of power. The European Union and other international observers have called this conviction a political settlement.

The case of Timoshenko teaches us that a prime minister in Ukraine afterwards is not immune to lawsuits as a result of acts taken as prime minister. The politically motivated trial of Julia Timoshenko was an attack on the Ukrainian rule of law and on the independent functioning of the parliament. Political rights, as well as human rights, are being violated in Ukraine on a daily basis. NGOs talk about the shocking conditions in prisons.

In the Committee on Foreign Relations the present resolution was adopted unanimously. The concern about the situation in Ukraine is widespread, across party boundaries. As Parliament, we also have to play our role when it comes to diplomatic relations with other countries. We have been able to determine a position in advance instead of being placed in front of facts. I would therefore like to sincerely thank my colleagues from the other political groups for their constructive cooperation on this resolution.

On 14 May, our Minister of Foreign Affairs will go to the Council of Ministers to discuss this point, which is high on the agenda.

With this resolution, we call on the Minister of Foreign Affairs, as well as all members of the government, to address the lack of political and human rights in Ukraine not only in Europe but also bilaterally.

We also ask the Minister of Foreign Affairs, as well as all other members of the government, in their contacts with the Ukrainian representatives, to urge that the country quickly take the necessary steps to create a genuine framework in which political and human rights are recognized and strengthened.

We therefore call on the government to use the stick behind the door, namely the European Association Agreement with Ukraine.

This Association Treaty has already been paraffed, but we ⁇ do not ask for signature or ratification until the political and human rights in Ukraine are respected.

We will continue to closely monitor the situation in Ukraine. This is our obligation, because there are still a number of important, diplomatic, sensitive moments to come. Then I’m talking not only about the FIFA World Cup, but also about the presidency that Ukraine will have in 2013 in the OSCE, yet an international, highly respected by us organization that aims to cooperate on the military, economic and humanitarian levels.

Mr. Speaker, dear colleagues, Ms. Timoshenko was the heir of the Orange Revolution in 2004.

She has been imprisoned since August 2011, after being sentenced in October to seven years in prison for abuse of power. The opposition has always denounced this trial as a personal revenge on the power in place.

Beyond her trial, we can only tolerate that since this, her conditions of imprisonment and her state of health have not ceased to deteriorate and that, even though we learned yesterday her transfer to the hospital where she must finally be treated.

By voting on this text, our group wants to condemn all violations of international law and human rights, including the rights of defence, not only those of Ms. Timochenko but also potentially all political opponents imprisoned in Ukraine.

Our group, along with other colleagues, wanted to update but also expand the scope of this resolution. In our view, our country and the European Union must ⁇ be concerned about respecting the medical and legal rights of the political opponent that is Ms. Timoshenko, but also other political opponents, former ministers or citizens who could undergo the same type of treatment. It is all of these practices that we must condemn.

Beyond expanding the scope of this text, our other desire, as in other resolutions of this type, was to show that our country, through the European Union – and I insist on this point – is and will remain vigilant on respect for human rights in this country which is an important partner of the EU through in particular the EU-Ukraine Association Agreement and a free trade agreement.

For my group, the harmonisation of the Belgian position with the other Member States of the European Union and with the European High Representative for Foreign Affairs will increase the impact on the Ukrainian authorities.

These wills are now clearly reflected in this text, which we will support, ⁇ in the perspective of the upcoming European Foreign Affairs Summit.

I would like to point out that our government through the Minister of Foreign Affairs, as well as others, has already made known that it will not go to the European Football Championship due to the treatment that is reserved for former Prime Minister Yulia Timochenko.

However, it is not, you understand it well, to put this point on the agenda only in anticipation of the Euro football. No, it is about remaining strictly attached to the common values and principles in the name of which the Eastern Partnership was founded, within which the relations between the European Union and Ukraine are developing. These values and principles are freedom, democracy, respect for human rights, fundamental freedoms and respect for the rule of law.

Let me conclude by saying that the institutions of the European Union and the Member States as a whole must take the measure of what is happening to all the citizens of the countries with which we have exchanges, both political and socio-economic, and remain vigilant to ensure that the actions taken by our partners do not contradict the essential values that are ours, such as respect for human rights.

Mr. Speaker, Mr. Minister, colleagues, our group has signed this resolution. We support the request from our Belgian government to make clear to the Ukrainian authorities our dissatisfaction with the highly politically inspired trial against former Prime Minister Timoshenko and the current prison regime that she must undergo. Our group believes that the dialogue with Ukraine and the Ukrainian authorities should be conducted primarily at European level, and therefore in consultation with our EU partners. The next Council is a great opportunity in this regard.

All the leverage available to the European Union, including the new Association Agreement, should be used here. Our group therefore welcomes the recent statements of several European leaders and EU representatives. In this context, I would like to highlight the efforts of the European People’s Party and of President Wilfried Martens. He keeps this dossier high on the agenda and keeps the spotlights focused on this matter.

Ukraine is an important country for Europe. It borders the European Union. There is also a lot of investment in the neighbourhood policy. We must pay sufficient attention to this. It also has to do with the future of the European Union. Ukraine is our bridge to Russia. Given its geographical, political and cultural proximity, human rights, democracy and freedom of expression should be a constant focus, along with stability and economic growth.

The challenges for Ukraine remain huge. I refer to Human Rights Watch’s 2012 Annual Report, which expresses strong criticism of the Ukrainian legal system, especially when it comes to neutrality or independence. Needless to say that the process we are talking about was first and foremost a political process. It is not an isolated case. Other political opponents are also neutralized according to this method.

During the discussions in the committee, I drew attention to the fact that political leaders need to receive safeguards, even after terminating their duties. The legislative power must grant them a certain leave, as is the case here, so that it cannot become arbitrary. There must be legal protection for politicians and the responsibility they have taken. We emphasize that after the fall of the Wall and after the Orange Revolution, great steps have been taken. Of course, there is still much work to be done in terms of economic or judicial reforms.

This country forms the bridge between East and West, curves between the European ambition and the Slavic soul affinity with Russia.

When it comes to human rights discourse, we should not measure with two sizes and two weights. It is very unbelievable to put very hard on a human rights discourse here when it comes to Ukraine, but to keep very quiet on other occasions, for example when we engage in dialogue with Russia. The same applies to China. We must ensure that the human rights discourses are highly discontinued, including in the political dialogue.

We must absolutely not display selective indignation. The fate of the whole world cannot be put on the agenda here every day, but we must be careful to be consistent in our human rights discourse. This also applies to Russia, especially after the recent presidential elections and after evaluating the political processes against Chodorkovsky. This is a lesson for the room. It is also a lesson for our current Foreign Minister. One does not need to exclude the other.

Per ⁇ this is also a wonderful opportunity for you, Mr. Speaker, to scratch your pen again and write a letter to the Ukrainian authorities in Brussels. This time I will welcome this very loudly, because this resolution creates a great opportunity to do so and gives you a wonderful advance.

Mr. Speaker, dear colleagues, we are all – beyond political sensitivities and personal opinions – concerned about the situation of the former Ukrainian Prime Minister, Ms. Julia Timochenko. Therefore, the MR group fully supports this resolution as amended in the committee. We are obviously concerned by his conviction on 11 October 2011 to seven years in prison, three years ineligibility and a fine of ⁇ 200 million euros. Furthermore, this sentence was decided after an unfair and political trial – therefore not in accordance with Ukraine’s international commitments.

We are also concerned because the European Union’s calls for the respect of law and the independence of the judiciary remain futile and because Ukraine gives indisputable signs of a use of the judiciary for political purposes. We are also concerned about the fate of Mrs. Timochenko’s compatriots: former ministers, journalists or even ordinary citizens who could be tried under the same conditions. Previous trials have been characterized by serious breaches of the rights of defence as protected by international standards.

Our concerns also concern the conditions of detention and treatment reserved for detainees, whether it is Yulia Timochenko or her three former ministers – already convicted.

Therefore, Mr. Speaker, we call for coordinated action with the other Member States of the European Union to resolve the Timochenko case through the local ambassadors and foreign ministers. We also request that the ICRC may meet with Ms. Timoshenko in order to obtain clarifications on her health status. His decision to start a hunger strike, after complaints of physical ill-treatment, indicates a serious deterioration of his situation.

We demand that his rights and those of his former ministers also imprisoned be respected. First, the right to adequate medical care, the right to receive visits from his lawyers and family members.

I hope that the next October elections, the Ukrainian Presidency of the OSCE in 2013 and the prospect of the implementation of the future Association Agreement with the European Union will positively influence the political leaders in Kiev.

I fully support the position of our Minister of Foreign Affairs, Didier Reynders, that respect for the rule of law and the fundamental European values, as well as the holding of fair and democratic elections are, for Belgium, necessary conditions for the signing of the Association Agreement between the European Union and Ukraine.

In other words, the 27 member countries must clearly reflect on whether or not to sign and ratify this Association Agreement with Ukraine until the situation of Yulia Tymoshenko improves significantly and structurally.

Mr. Speaker, Yulia Tymoshenko was Prime Minister at the head of a government in Ukraine and, during her term, she concluded a gas agreement that a trial found unfavorable to Russia. For this reason, as previously explained, she must serve seven years in prison. Of course, no one is fooled: everyone has very well understood that Yulia Timochenko was the victim of a political-judicial settlement of accounts, orchestrated by Viktor Yanukovych, whose objective is obviously to remove the old passionaria of the Orange Revolution from political life.

Fortunately, many countries have reacted by denouncing a totally political, defensive trial and denouncing an inculpation based on crimes that are not internationally recognised. Many European leaders have also announced their intention not to visit Ukraine on the occasion of Euro 2012.

Personally, I would have appreciated that our resolution could mention this aspect. Those who were present in the committee yesterday and the previous two weeks saw that the agreement was difficult, first on the agenda and that the goal was that this resolution should be voted before May 14, that is, this Monday, the day of the next European Council meeting.

Today, we join our voices with the concert of nations who are offended by the decision of this country, to whom the European Union, however, wanted to reach out by strengthening relations with it.

Some countries are very firm, like Germany, Austria, the Netherlands; our country joins them today. Other countries are rather absent: France and Britain, of which we expect strong positions. Apparently, they are somewhat embarrassed in the surroundings. This is obviously the case of Poland, which is co-organizer of Euro 2012, but which also fears that Ukraine will integrate the customs union with Russia and Kazakhstan rather than the continental market.

In short, if today this resolution of our parliament seems to us to be self-evident and fair and legitimate, we see that it is nevertheless necessary. Let us assume that the speaking of our Minister next Monday, based on this resolution, will convince new partners to join us in this indignation.

Therefore, we have the tools to ensure compliance with international law. This resolution is one of them. And the message to the Minister of Foreign Affairs is that contained in this resolution. We look forward to its debriefing after the European Council meeting.

I will not mention the conditions under which this debate took place. As recalled by Mr. Deseyn, it is not necessary to make two weights two measures. Other resolutions are still on the agenda of our Committee on Foreign Relations. Let us assure that all parliamentarians who today support this resolution will also arm themselves with the same tools to carry out the same work with regard to other countries!

Mr. Speaker, I would like to point out very briefly that this resolution is strong enough to be communicated to our Minister of Foreign Affairs.

Mr. Speaker, I would like to ask you to make every effort to get the text of this Chamber into the hands of the Minister of Foreign Affairs as soon as possible so that he can take this into account in bilateral contacts, whether in EU or not, which he has on his agenda in the following days.

I would like to point out that I am pleased that the text explicitly refers to the fact that the charges against Ms. Timoshenko are based on a crime that is not recognized as such on the international level. It is truly a transparent attempt to criminalize decisions made by Ms. Timoshenko in the framework of her duties post factum. I think this is a method that raises a lot of questions. I hope that the European Union and in the event of enlargement the international community will react very strongly to this.

Moreover, Ukraine is very clearly abusing the system of attachment to political motives. We need to fight this in a rule of law. I hope that the Chamber can contribute a stone in this area today.

Mr. Speaker, dear colleagues, as you know, following the censorship of my party, I have decided to no longer be complicit of the decisions of this Parliament by abstaining from voting.

However, for this resolution, which aims to denounce the conviction and imprisonment inflicted on Yulia Timoshenko and other members of the Ukrainian government, I will make a distortion to the decision I took in support of those who are, today, political prisoners. These people are harassed and unfairly punished for their political ideas.

The vote for this resolution, in this hall, is quite special. Indeed, I do not know whether Belgium is really able to give lessons to Ukraine in this matter since there are also political prisoners in our country. Political parties are unfairly punished. This is what the MLD has been seeing for weeks. In fact, our official website is censored, at the request of ministers Milquet and Turtelboom. It is nevertheless surprising that ministers may have such an ordering power to prevent a party other than theirs from existing.

Before condemning Ukraine, it would be appropriate that Belgium and its government do not prevent a political party from speaking and, above all, from expressing its ideas and program on its website, as is the case with my party. This is a first in Belgium and I regret that those who stand up to denounce the Ukrainian dictatorship do not react to denounce the sanction imposed on a Belgian democratic party.

The MLD therefore supports this resolution as a support to these victims of political intolerance, to those victims of power, power that can sometimes take dictatorial shapes.

It is good that the House unanimously adopts this resolution. I am in principle a cool lover of resolutions. I think a Parliament should make laws and control the government, but from time to time we have a duty to enforce ourselves at that level.

We now have an opportunity in terms of time, because soon there will be important meetings where our government can represent us, and space. One must not forget that Ukraine is a large country that consists of two large parts. The eastern part lies closer to Russia, the western part lies closer to the West.

Ukraine is today less than before, and also less than tomorrow, in the sphere of influence of one or the other. We must be careful that, when we give opportunities to those who want to raise the European feeling, we pre-set a number of rules. After all, we do not want Ukraine to join our club without fulfilling a number of internal conditions.

I think that unanimous approval of this resolution is good. However, one should not expect too much of it, one should not cultivate excessive illusions.

The Rules of Procedure of the Chamber stipulate that the Government must regularly report on the resolutions adopted by Parliament. I am convinced that, now that Belgium has the leadership of the OSCE, through the influence we have, through Mrs. Ashton, through our Minister of Foreign Affairs and through the European Union, we can deliver good work.

We know that the border between the former Soviet Empire and the freer part of Europe will always remain fragile, but this is our contribution to those who, like us, are convinced that democracy and freedom are things that we must fundamentally and at all times cherish.

We will pass this resolution with enthusiasm.