It’s Unanimous:

Yulia Tymoshenko’s Rights Were Violated

May 3, 2013 - The Canadian Group for Democracy in Ukraine (CG4DU) applauds the unanimous decision by the European Court of Human Rights in condemning the violations of human rights of Ukraine’s former Prime Minister and key leader of the Opposition Yulia Tymoshenko in her detention and incarceration by Ukraine’s authorities.

Specifically, the Court decided 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.”

The CG4DU wishes to point out the error, in public statements by Ukraine’s authorities that interpret the Court’s finding as censuring Ms. Tymoshenko for “contemptuous behaviour” during proceedings. In fact, the opposite is true. On this point, the Court states that it “found that, given that the judge had referred to her alleged hindering of the proceedings and contemptuous behaviour, her right to liberty had been restricted for other reasons than those permissible.”

The CG4DU strongly supports Canada’s position as stated by John Baird, Minister of Foreign Affairs: “With this ruling, the European Court of Human Rights sends a clear message that court proceedings in Ukraine fell short of internationally recognized norms of fairness, transparency and due process.”

Like Canada, the CG4DU remains concerned about the political bias and arbitrary prosecution in this and other cases which undermine the rule of law and continue the back-sliding in Ukraine’s democracy.

The CG4DU calls on President Viktor Yanukovych to ensure a return to the rule of law. It also calls on Canada, with other like-minded friends, to exert the greatest pressure possible on Ukraine’s President to comply with conditions set out by the European Union for further integration via the Association Agreement. The most critical is the release of Ms. Tymoshenko.

The CG4DU also urges NGOs mandated to uphold human rights, promote democracy, justice, rights of women, among others, to support publicly the Court’s decision. The Ukrainian World Congress has already done so. Other Ukrainian organizations in Ukraine and in the diaspora may wish to state their position clearly as well.