You're reading: Europe gives Yanukovych ultimatum on Tymoshenko

Yanukovych hails 'milestone' in EU relations as he ignores criticism of democracy record.

The president has been warned: Release political opponents, protect media freedoms and don’t fudge parliamentary elections next year, or forget about closer ties with the European Union.

EU leaders delivered this stern message to President Viktor Yanukovych on Dec. 19 at a summit in Kyiv, presenting him with a clear choice and a clear time frame.

The parliamentary elections next October “will be a litmus test,” said EU President Herman Van Rompuy.

The summit was supposed to be the culmination of years of work on a free-trade and political association agreement to bring Ukraine into the European fold. But in recent months, expectations were downgraded amid rising concerns over Ukraine’s slide away from democracy, media freedoms and rule of law almost two years into Yanukovych’s rule.

Van Rompuy announced that negotiations had been concluded on the deal, but that its signing would depend “on political circumstances.” He urged Yanukovych to resolve the case of jailed former Prime Minister Yulia Tymoshenko, as well as strengthening democratic freedoms.

“Our strong concern is primarily related to the risks of politically-motivated justice in Ukraine. The Tymoshenko trial is the most striking example. But just as important, a comprehensive justice reform in line with international standards is absolutely key.

Media freedom and freedom of assembly are also key for a full fledged democracy. Shortcomings have to be corrected,” Van Rompuy said.

Yanukovych stuck to his position during a Dec. 21 press conference in saying that Tymoshenko could win her freedom only in the courts and he had no power to interfere.

“I have become a hostage to this situation,” Yanukovych said. “I am not against Tymoshenko going free under circumstances defined by law. But I have no right to interfere in issues in which I have no power according to the constitution.”

Yanukovych hailed the conclusion of negotiations on Dec. 19 as “a milestone in the development of bilateral relations.” But he offered no guarantees that he would respond to Europe’s demands, which he has ignored since Tymoshenko’s jailing on a seven-year prison sentence after her Oct. 11 conviction on abuse of office charges.

Volodymyr Fesenko, a political analyst, said the EU will not sign the association agreement with Ukraine if parliamentary elections scheduled for Oct. 28 are subject to fraud.

“In this case, the participation of Tymoshenko and [ex-Interior Minister Yuriy] Lutsenko is a very serious [EU demand],” Fesenko said.

“However, if the opposition wins majority seats in the next parliament, it will facilitate Brussels to rapidly sign the association agreement with Kyiv.”

Europe is faced with a challenge as to how it can influence Yanukovych, who so far has not been receptive to pressure.

Some in Europe suggest a tougher line.

Andrew Wilson, a senior fellow at the European Center for Foreign Relations, suggested in a recent report that the EU should pursue a “sign and sanction” policy, concluding the association deal but drawing a red line.

“The current Ukrainian authorities are flouting European values across the board.

As well as sanctioning those involved in the Tymoshenko trial, the EU should show its concern for the treatment of every prisoner in Ukraine, closely monitor ‘political technology’ and ‘administrative resources’ abuse in the run-up to the 2012 elections, and keep a much closer eye on the elite’s financial crimes,” Wilson wrote.

Kyiv Post staff writer Yuriy Onyshkiv can be reached at onyshkiv@kyivpost.com
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