Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-05-22-Speech-2-063-000"
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"en.20120522.5.2-063-000"2
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"Mr President, honourable Members – and Yevgenia, it is very nice to see you out there – the European Union has expressed its indignation at the use of selective justice in Ukraine on a number of occasions over the past year.
To summarise, what we expect from Ukraine before we can once again move forward is: firstly, a concrete strategy to redress the effect of selective justice and prevent any recurrence of it; secondly, free and fair elections; and thirdly, the resumption of delayed reforms already agreed in the joint EU-Ukraine ‘Association Agenda’ which has now been in force for two years.
Thank you for your attention. I look forward to hearing your views.
The statements from Brussels and from Member States, and the messages passed directly to the authorities in Kiev, refer not only to the case of Yulia Tymoshenko, but also to cases against members of the former government such as Mr Lutsenko and others. Politically motivated justice is a systemic problem in Ukraine, and it needs a systemic solution in the shape of comprehensive judicial reform.
We have indicated to the Ukrainian authorities that a first step towards regaining confidence would be to ensure an environment conducive to Ms Tymoshenko’s recovery, whether inside or outside Ukraine, and I am glad that President Schulz and Prime Minister Azarov agreed last week that the European Parliament would play an important role in this respect.
Access to independent visitors is especially important if we are to build a clear picture of former Prime Minister Tymoshenko’s situation and, in this respect, I welcome recent visits, including by Members of the European Parliament. Most important, in terms of Ms Tymoshenko’s legal rights, is that Ukraine’s Court of Cassation should announce its decision on her case at the end of June, and that the European Court of Human Rights can announce its own decision shortly afterwards. This also applies in the case of Mr Lutsenko, whose sentence was recently upheld on appeal.
Any future trials should strictly respect the provisions of the new Ukrainian Code of Criminal Procedure, thus providing for equality between defence and prosecution, and should operate without pre-trial detention.
Our concern about selective justice remains strong. Last Tuesday, at the Cooperation Council with Ukraine, we clearly set out to Prime Minister Azarov how we believe Ukraine can get back on the road to political association. The political relationship between the European Union and Ukraine will not improve without firm commitments and an effective demonstration that the rule of law and respect for fundamental values are applied systematically in Ukraine.
We have repeatedly stressed to our Ukrainian partners that we will not be able to move towards signing our association agreement if they cannot show that they live in the spirit of political association. To this end, we expect Ukraine to make visible progress. The recent adoption of the new Code of Criminal Procedure in Ukraine was certainly a step forward, and it should improve the quality of future prosecutions and trials. However, Ms Tymoshenko and other victims of politically motivated justice have already been sentenced. Action to reform the Criminal Code, defining what is to be considered a criminal offence, is needed to get to the heart of this problem.
I welcome the initiative taken by President Schulz in asking Prime Minister Azarov to accept that a person of high international repute be sent on behalf of the European Parliament to observe the second trial, with full access to judges, lawyers and documents. The parliamentary elections in October will also be an important test. We will observe very closely the conditions in which the electoral campaign and the voting process proceed. It is important, if Ukraine wants to fulfil its European aspirations, that the elections should be free and fair beyond doubt.
I also wish to mention the European Parliament resolutions calling on the Commission to support judicial reform in Ukraine. In December last year, the Commission signed a financing agreement of EUR 10 million with Ukraine’s Ministry of Justice. It aims to accelerate sustainable reforms in the justice sector in Ukraine, with a particular focus on criminal justice reforms. We have also recently agreed to engage with Ukraine in an informal dialogue on judiciary reform, drawing on the expertise of the Council of Europe."@en1
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