[Congressional Record (Bound Edition), Volume 159 (2013), Part 7]
[Senate]
[Pages 9307-9308]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        TYMOSHENKO IMPRISONMENT

  Mr. DURBIN. Mr. President, I rise to discuss an issue that I hoped I 
wouldn't need to bring up today but unfortunately I do. I am referring 
to the continued imprisonment of the former Prime Minister of Ukraine, 
Yulia Tymoshenko, who has now sat in jail for almost 2 years.
  In the fall of 2011, Ms. Tymoshenko was imprisoned for a 7-year term 
on charges that she abused her office in connection with a natural gas 
contract with Russia. I cannot judge the wisdom of that contract, but 
what is deeply troubling to me is the appearance of selective and 
politically motivated imprisonment of a former political leader in the 
democratic nation of Ukraine.
  Ukraine is a promising and hopeful new member of the community of 
free-market democracies--one with a solid future in the West. It has 
strong ties to Europe and the United States.
  This photo shows police officers leading former Ukranian Prime 
Minister Yulia Tymoshenko out of the courtroom after the verdict in her 
case in Kiev on October 11, 2011.
  Ukraine is a great nation. It has helped NATO in Bosnia, Libya, Iraq, 
and Afghanistan. It is a major contributor and a valuable international 
peacekeeper. It was an early leader in throwing away the shackles of 
the Soviet Union and declaring its own independence.
  In 2004 Ms. Tymoshenko and countless other Ukrainians organized a 
series of historic protests known as the Orange Revolution to address 
electoral fraud in the Presidential election in those days.
  Ukraine's future is clearly with the community of democracies, and 
that is why the imprisonment of this former Prime Minister is so 
troubling. When a nation is a member of a community of democracies, it 
can't selectively throw its political opponents in jail for 
questionable policy decisions. If a poor policy decision is made, let 
the voters decide at the ballot box.
  In the neighboring dictatorship of Belarus, 2010 Presidential 
candidate Mikalai Statkevich, who had the temerity to run against the 
strong-man dictator Viktor Lukashenko, still sits in jail because he 
challenged the dictator in an election. I might remind my friends in 
Ukraine that they do not want to be compared to Belarus. They should be 
democratic.
  Countless international human rights groups and other countries have

[[Page 9308]]

decried the charges against Ms. Tymoshenko and called for her release. 
The Parliamentary Assembly of the Council of Europe passed a resolution 
in January of 2012 declaring that the articles under which Ms. 
Tymoshenko was convicted were overly broad in application and 
effectively allow for ex post facto criminalization of normal political 
decisionmaking. Later that year both the European Parliament and our 
very own Senate passed resolutions condemning the sentencing of Ms. 
Tymoshenko and calling for her release.
  The European Court of Human Rights, which settles cases of rights 
abuses after plaintiffs have exhausted appeals in their home country 
courts, recently considered this case and ruled that Ms. Tymoshenko's 
pretrial detention was unlawful, that the lawfulness of her detention 
had not been properly reviewed, her right to liberty had been 
restricted, and that she had no possibility to seek compensation for 
her unlawful deprivation. That is unacceptable.
  I truly hope this ruling will finally create the circumstances for a 
face-saving way out of this mess. Unfortunately and regrettably, it has 
not happened. That is why I joined my colleagues, Senators Rubio, 
Boxer, Barrasso, Murphy, and Cardin, in submitting a resolution on the 
matter. It is simple and straightforward and expresses continued 
concern about Ms. Tymoshenko's selective and politically motivated 
detention.
  I will close by saying that I was in Ukraine last year. I met with 
Prime Minister Azarov and President Yanukovych. They were generous 
hosts and very kind. They told me that something would be done in a 
positive way about Ms. Tymoshenko's imprisonment. That was a year ago 
and nothing has happened. I was optimistic then and I will remain 
optimistic, but I want the Ukraine Government to know that we are going 
to hold them to the standards of democracy. They cannot imprison 
political opponents. You beat them in an election, move on to lead, and 
you are held accountable by the people who vote.
  I hope a decision will be made in the near future to release Ms. 
Tymoshenko.
  Mr. DURBIN. I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. GRASSLEY. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GRASSLEY. Mr. President, I ask to speak as if in morning business 
for 7 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________