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Hands tied

August 12, 2011

Viktor Yanukovych says he is legally bound not to break up a trial against his rival and Ukraine's former prime minister, Yulia Tymoshenko, whose appeal against incarceration was rejected by a Kyiv court on Friday.

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Julia Tymoshenko in the courtroom with a police officer in foreground
Tymoshenko has been in court for weeks, and in prison for oneImage: dapd

A court in the Ukrainian capital, Kyiv, rejected Friday an appeal to free imprisoned opposition leader Yulia Tymoshenko as international pressure grew on her rival, President Viktor Yanukovych, to disband the criminal trial that could strengthen his political position.

In a ruling that was greeted with disdain by pro-Tymoshenko lawmakers, the court said there were no legal grounds to examine the appeal, calling it "inadmissible."

On Thursday, Viktor Yanukovych said that any presidential interference in the trial of former Prime Minister Yulia Tymoshenko was illegal and would do more harm than good.

"The Ukrainian judicial system is independent and without prejudice and is guided solely by the constitution and the laws of Ukraine," Yanukovych said in a letter published by his office, his first comments on the case since Tymoshenko's arrest last week. "Political or any kind of interference in the work of the court is unacceptable."

Yanukovych's letter was addressed to Czech President Vaclav Klaus, who had written on Tuesday requesting assurance that the trial against Tymoshenko was not being used to settle "personal and political differences inside Ukrainian politics."

Yanukovych and Tymoshenko briefly ruled in an uneasy alliance as president and prime minister, but fought a bitter electoral battle for the presidency in 2010 and have been at loggerheads ever since.

"None of today's court hearings have been or can be politically motivated," Yanukovych's letter read, apparently alluding to trials against current or former allies of Tymoshenko. "I am responsible for this personally, as a guarantor of the Ukrainian constitution."

Ukrainian President Viktor Yanukovych (left) shakes hands with Russian Prime Minister Vladimir Putin
Yanukovych was traditionally seen as a close Russian allyImage: picture-alliance/dpa

Tymoshenko is accused of exceeding her authority and coercing Ukraine's state-owned Naftogaz energy company to sign an unfavorable agreement with Russia's Gazprom in 2009, saddling Ukraine with high prices for Russian gas. If convicted on this charge, she could face up to 10 years in prison.

The Tymoshenko trial began at the end of June, and the 50-year-old not only denies the charges but has so far refused to stand in the presence of the judge, calling him a Yanukovych "puppet." She was imprisoned on separate contempt of court charges by the judge last Friday. This imprisonment sparked public protests outside the courtroom in Kyiv.

France summons envoy

French foreign ministry spokeswoman Christine Fages announced at a press conference on Thursday that Paris had summoned Ukraine's ambassador to France to express "the serious concern generated by the detention of Mrs. Yulia Tymoshenko and more generally of the progress of [her] trial."

European Union and US leaders have also expressed concern about Tymoshenko's trial and its possible implications for the rule of law in Ukraine. Celebrities like heavyweight boxer Vitali Klitschko, who broke off a world championship bout to fight for Tymoshenko's release, have also joined the former prime minister's corner.

Yanukovych, who has been portrayed as the pro-Russian foil to the pro-Western Tymoshenko in recent years, has sought reconciliation with the EU and the West since his 2010 election victory, announcing that EU integration is a goal of his new government.

Yanukovych also wrote in his letter to Klaus that Ukraine was on an irreversible path toward establishing European principles of "law, human rights, and democratic development."

Author: Darren Mara, Mark Hallam (AFP, Reuters)
Editor: Nicole Goebel