tag:blogger.com,1999:blog-8086033.post4339757626640402340..comments2023-11-05T13:07:03.784+02:00Comments on foreign notes: EU Progress Report on Ukraine 2011Scott W. Clarkhttp://www.blogger.com/profile/04047386631227542689noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-8086033.post-74453532403925318492012-05-18T19:47:23.256+03:002012-05-18T19:47:23.256+03:00International advocates such as Geoffry Robertson ...International advocates such as Geoffry Robertson should be invited to oversee or represent Tymoshenko. Robertson has run a number of high profile human rights cases including representing Julian Assange and is well respected in international circles. In the end if Tymoshenko Appeal is unsuccessful Ukraine knows that this case will be referred to the European Court on Human Rights, <br /><br />Ukraine has dugg itself into a hole so deep that it may not be able to digg itself out. Tymoshenko's persecution and the charges lad against her was initiated by Victor Yushchenko in the last year of his office as President. Yushchenko is on public record supporting Tymoshenko's conviction and imprisonment. <br /><br />If the Court of Appeal rules in favor of Tymoshenko this would be a way out for Ukraine, but it is unlikely that Yanukovych's presidency will survive. It has already been tarnished as a result of selective justice targeting members of the opposition. <br /><br />There has been murmurs that Yanukoych will seek a political solution if Tymoshenko appeal is unsuccessful. Yanukovych has stated as much in previous media reports.<br /><br /> The Government is looking for a way out that would not leave them in disgrace, if that is at all possible. Yanukovych has stated that he will not act until the internal legal process has concluded. Clearly he can not afford a situation where the ECHR is allowed to adjudicate on this event. <br /><br /><br />A more synical person would suggest that his intention is to subject Tymoshenko and Lutsenko to limprisonment for as long as possible. <br /><br />A decsion of the appeal court would allow him to claim vindificatuon of the legal process. The suggestion that he could then seek a political solution, most likely in the form of a presidential pardon, would see Tymoshenko and possible Lutsenko released from prison but still recorded with a conviction thus preventing them from standing <br /><br />Iif the conviction still stands then the ECRH should still review the case. <br /><br />Should the appeals court rule in Tymoshenko's favor the main person that would lose face would be the trial judge. Yanukovych coud righly argue that justice has been afforded though due process of the law. The European court would have no right of review and Tysmoehnko would be entitled to nominate and stand for parliament. <br /><br />Yanukovych and Ukraine cannot afford to have this matter brought before the European Court where it would have little prospect of influencing the outcome. A negative finding would leave Yanukovych in a undefendable position. this leave only the option of an acquittal on appeal.Anonymousnoreply@blogger.com