An independent report by US lawyers into the trial of Ukraine’s former prime minister Yulia Tymoshenko published by the justice ministry Friday found that the process while somewhat flawed was not politically motivated.
“This report, published today on the Ministry’s website without amendment, concludes as groundless Yulia Tymoshenko’s claims that her prosecution was politically motivated,” the justice ministry said in a statement.
The international firm of Skadden Arps Slate Meagher & Flom LLP said “based on our review of the record, we do not believe that Tymoshenko has provided specific evidence of political motivation that would be sufficient to overturn her conviction under American standards.”
The report added: “The trial court based its finding of Tymoshenko’s guilt on factual determinations that had evidentiary support in the trial record.”
A leader of Ukraine’s 2004 Orange revolution, the 52-year-old politician is serving a seven-year sentence for abuse of power while in office in a gas deal with Russia. She has suffered from numerous health issues while incarcerated — including a recent protest hunger strike.
Her conviction in October caused a deterioration of Ukraine’s ties with the West which has criticised the prosecution. Her rival President Viktor Yanukovych has been accused of persecuting political opponents.
On the other hand the American lawyers noted several deficiencies in the trial such as the court’s decisions not to permit her “to call certain witnesses and to allow important witnesses to testify”.
It said that these shortcomings in the judicial process “while Tymoshenko was unrepresented by counsel would constitute violations of due process in Western courts”.
The lawyers said that while Tymoshenko’s behaviour during the trial, accusing the judge of corruption, justified her detention, the extension of that detention after the trial until her sentencing was “improper”.
The report also said that a Western court would have given the ex-premier more time to prepare for trial, but added ” it is unlikely that a Western appellate court would have found a violation of due process on that basis.”
The Americans “do not deny that there were violations, but they stress that they were often due to Tymoshenko’s behaviour,” justice ministry spokeswoman Lia Iltshenko told AFP.
“And they do not call into question the verdict,” she added.
Tymoshenko’s supporters believe she will ultimately be released from prison through a ruling by the European Court of Human Rights.
Ukraine’s main opposition alliance has named her as its candidate for president in the 2015 elections.
US lawyers say no proof of politics in Tymoshenko trial
