Brussels, 30/04/2013 (Agence Europe) - On 30 April, the European Court of Human Rights (ECHR) condemned Ukraine for the arbitrary and illegal pre-trial detention of the former primer minister, Yulia Tymoshenko. The seven judges unanimously ruled that Ukraine has violated the right to liberty and security, the right to a speedy review of the lawfulness of a detention, the right to compensation for an illegal detention and right to the limitation on use of restrictions on rights. “The Court held in particular that Ms Tymoshenko's pre-trial detention had been arbitrary; that the lawfulness of her detention had not been properly reviewed; and, that she had no possibility to seek compensation for her unlawful deprivation of liberty”, a press release states. On the other hand, the ECHR considers that Tymoshenko has not been subjected to inhumane or degrading treatment. The two parties have three months to request a possible re-examination of this case.
MEPs call for immediate release. The chair of the European Parliament's foreign affairs committee, Elmar Brok (EPP, Germany), has called for the immediate release of Tymoshenko, stating that the ECHR's decision illustrates selective and politically motivated justice. He says that Ukraine is still far from meeting European standards. In the opinion of the European Parliament's S&D Group, this decision is an opportunity for the Ukrainian authorities to take firmer action to resolve the problem of selective justice and to avoid it being reproduced. Libor Roucek (Czech Republic) said that if and when the decision is definitive, the S&D hopes that the Ukrainian authorities will implement it without delay. Véronique De Keyser (Belgium) called on the authorities to change their approach to this affair and to put an end to Tymoshenko's detention.
Hailing the ECHR's decision, Rebecca Harms (Greens/EFA, Germany) said that it shows clear criticism of political persecution. She added that the ECHR's decision strengthens all those who fight for human rights and for Tymoshenko's release. Werner Schulz (Greens/EFA, Germany) said the Ukrainian government must now respect its promise to accept the decision independently of the result. The only acceptable consequence of this is the immediate release of the former prime minster, Schulz said.
The spokesperson for Commissioner for Enlargement and European Neighbourhood Policy Stefan Füle underlined that the Commission has taken note of the judgment and that the EU expects Kiev to fulfil its commitments regarding European concerns - including that of selective justice.
In the view of Tymoshenko's daughter, the decision of the ECHR is a victory and a first step towards her mother's total political rehabilitation and immediate release. Her lawyer reiterated that President Yanukovych must apply this decision, and that the only way to do this is to free Tymoshenko immediately. (CG/transl.fl)