III 

Calendar No. 95 

113TH CONGRESS 

1ST SESSION S. RES. 165 

Calling for the release from prison of former Prime Minister of Ukraine 

Yulia Tymoshenko in light of the recent European Court of Human 

Rights ruling. 

IN THE SENATE OF THE UNITED STATES 

JUNE 10, 2013 

Mr. DURBIN (for himself, Mr. RUBIO, Mrs. BOXER, Mr. BARRASSO, Mr. MURPHY, Mr. CARDIN, and Mrs. SHAHEEN) submitted the following resolution; which was referred to the Committee on Foreign Relations 

JUNE 25, 2013 

Reported by Mr. MENENDEZ, with an amendment and an amendment to the 

preamble 

[Strike out all after the resolving clause and insert the part printed in italic] 

[Strike the preamble and insert the part printed in italic] 

RESOLUTION 

Calling for the release from prison of former Prime Minister 

of Ukraine Yulia Tymoshenko in light of the recent 

European Court of Human Rights ruling. 

Whereas, in August 1991, the Ukrainian Parliament declared 

independence from the Soviet Union and approved decrees to mint its own currency and take command of all 

Soviet military units on its soil; 


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•SRES 165 RS 

Whereas, in December 1991, 90 percent of Ukrainians voted 

in a referendum to support independence from the Soviet 

Union; 

Whereas Ukraine has experienced increased economic and political cooperation with Europe and the United States 

since its independence from the Soviet Union; 

Whereas, in 1996, Ukraine adopted its first democratic constitution that included basic freedoms of speech, assembly, religion, and press; 

Whereas, in 2004, Ukrainians organized a series of historic 

protests, strikes, and sit-ins known as the ‘‘Orange Revolution’’ to protest electoral fraud in the 2004 presidential 

election; 

Whereas Yulia Tymoshenko was a leader of the Orange Revolution and was first elected as Prime Minister in 2005; 

Whereas, in the 2010 presidential election, incumbent President Viktor Yushchenko won only 5.5 percent in the first 

round of voting, which left former Prime Minister Viktor 

Yanukovich and then Prime Minister Yulia Tymoshenko 

to face one another in a run-off election; 

Whereas Mr. Yanukovich defeated Ms. Tymoshenko by a 

margin of 49 percent to 44 percent; 

Whereas, on October 11, 2011, Ms. Tymoshenko was found 

guilty and sentenced to seven years in prison on charges 

that she abused her position as Prime Minister in connection with a Russian natural gas contract; 

Whereas, on January 26, 2012, the Parliamentary Assembly 

Council of Europe (PACE) passed a resolution (1862) 

that declared that the articles under which Ms. 

Tymoshenko was convicted were ‘‘overly broad in applicaVerDate Mar 15 2010 22:47 Jun 25, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SR165.RS SR165

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•SRES 165 RS 

tion and effectively allow for ex post facto criminalization 

of normal political decision making’’; 

Whereas, on May 30, 2012, the European Parliament passed 

a resolution (C153/21) deploring the sentencing of Ms. 

Tymoshenko; 

Whereas, on September 22, 2012, the United States Senate 

passed a resolution (S. Res. 466, 112th Congress) that 

condemned the selective and politically motivated prosecution and imprisonment of Yulia Tymoshenko, called 

for her release, and called on the Department of State to 

institute a visa ban against those responsible for the imprisonment of Ms. Tymoshenko and the other political 

leaders associated with the 2004 Orange Revolution; 

Whereas, on April 7, 2013, President of Ukraine Viktor 

Yanukovich pardoned former interior minister Yuri 

Lutsenko and several other opposition figures allied with 

Ms. Tymoshenko; 

Whereas, on April 30, 2013, the European Court of Human 

Rights, which settles cases of rights abuses after plaintiffs have exhausted appeals in their home country 

courts, ruled that Ms. Tymoshenko’s pre-trial detention 

had been arbitrary; that the lawfulness of her detention 

had not been properly reviewed; that her right to liberty 

had been restricted; and, that she had no possibility to 

seek compensation for her unlawful deprivation of liberty; 

Whereas, on April 30, 2013, Department of State Spokesman 

Patrick Ventrell reiterated the United States call that 

Ms. Tymoshenko ‘‘be released and that the practice of selective prosecution end immediately’’ in light of the European Court of Human Rights decision; 


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•SRES 165 RS 

Whereas Ukraine hopes to sign an association agreement 

with the European Union during the Eastern Partnership 

Summit in November 2013; and 

Whereas, after the European Court of Human Rights ruling, 

European Parliament Committee on Foreign Affairs 

chairman Elmar Brok stated that ‘‘Ukraine is still miles 

away from fulfilling European standards’’ and must ‘‘end 

its selective justice’’ before signing the association agreement: Now, therefore, be it 

Whereas, in August 1991, the Ukrainian Parliament declared 

independence from the Soviet Union and approved decrees 

to mint its own currency and take command of all Soviet 

military units on its soil; 

Whereas, in December 1991, 90 percent of Ukrainians voted in 

a referendum to support independence from the Soviet 

Union; 

Whereas Ukraine has experienced increased economic and political cooperation with Europe and the United States 

since its independence from the Soviet Union; 

Whereas, in 1996, Ukraine adopted its first democratic constitution that included basic freedoms of speech, assembly, 

religion, and press; 

Whereas in 2004, Ukrainians organized a series of historic 

protests, strikes, and sit-ins known as the ‘‘Orange Revolution’’ to protest electoral fraud in the 2004 presidential 

election; 

Whereas Yulia Tymoshenko was a leader of the Orange Revolution and was first elected as Prime Minister in 2005; 

Whereas, in the 2010 presidential election, incumbent President Viktor Yushchenko won only 5.5 percent in the first 

round of voting, which left former Prime Minister Viktor 


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•SRES 165 RS 

Yanukovich and then Prime Minister Yulia Tymoshenko to 

face one another in a run-off election; 

Whereas Mr. Yanukovich defeated Ms. Tymoshenko by a margin of 49 percent to 44 percent; 

Whereas, on October 11, 2011, Ms. Tymoshenko was found 

guilty and sentenced to seven years in prison on charges 

that she abused her position as Prime Minister in connection with a Russian natural gas contract; 

Whereas, on January 26, 2012, the Parliamentary Assembly 

Council of Europe (PACE) passed a resolution (1862) that 

declared 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 decision making’’; 

Whereas, on May 30, 2012, the European Parliament passed 

a resolution (C153/21) deploring the sentencing of Ms. 

Tymoshenko; 

Whereas, on September 22, 2012, the United States Senate 

passed a resolution (S. Res 466, 112th Congress) that condemned the selective and politically motivated prosecution 

and imprisonment of Yulia Tymoshenko, called for her release based on the politicized charges, and called on the 

Department of State to institute a visa ban against those 

responsible for the imprisonment of Ms. Tymoshenko and 

the other political leaders associated with the 2004 Orange 

Revolution; 

Whereas, on April 7, 2013, President of Ukraine Viktor 

Yanukovich pardoned former interior minister Yuri 

Lutsenko and several other opposition figures allied with 

Ms. Tymoshenko; 


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Whereas, on April 30, 2013, the European Court of Human 

Rights, which settles cases of rights abuses after plaintiffs 

have exhausted appeals in their home country courts, ruled 

that Ms. Tymoshenko’s pre-trial detention had been arbitrary; that the lawfulness of her pre-trial detention had not 

been properly reviewed; that her right to liberty had been 

restricted; and, that she had no possibility to seek compensation for her unlawful deprivation of liberty; 

Whereas, on April 30, 2013, Department of State Spokesman 

Patrick Ventrell reiterated the United States call that Ms. 

Tymoshenko ‘‘be released and that the practice of selective 

prosecution end immediately’’ in light of the European 

Court of Human Rights decision; 

Whereas Ukraine hopes to sign an association agreement with 

the European Union during the Eastern Partnership 

Summit in November 2013; and 

Whereas, after the European Court of Human Rights ruling, 

European Parliament Committee on Foreign Affairs 

chairman Elmar Brok stated that ‘‘Ukraine is still miles 

away from fulfilling European standards’’ and must ‘‘end 

its selective justice’’ before signing the association agreement: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) calls on the Government of Ukraine to re3 lease former Prime Minister Yulia Tymoshenko from 

4 imprisonment in light of the April 2013 European 

5 Court of Human Rights verdict; 

6 (2) calls on the European Union members to in7 clude the release of Ms. Tymoshenko from imprison8 ment as an important criterion for signing an assoVerDate Mar 15 2010 22:47 Jun 25, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\SR165.RS SR165

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•SRES 165 RS 

1 ciation agreement with Ukraine at the upcoming 

2 Eastern Partnership Summit in Lithuania; 

3 (3) expresses its belief and hope that Ukraine’s 

4 future rests with stronger ties to Europe, the United 

5 States, and others in the community of democracies; 

6 and 

7 (4) expresses its concern and disappointment 

8 that the continued selective and politically motivated 

9 imprisonment of former Prime Minister Yulia 

10 Tymoshenko unnecessarily detracts from Ukraine’s 

11 otherwise strong relationship with Europe, the 

12 United States, and the community of democracies. 

13 That the Senate— 

14 (1) calls on the Government of Ukraine to release 

15 former Prime Minister Yulia Tymoshenko from im16 prisonment based on politicized and selective charges 

17 and in light of the April 2013 European Court of 

18 Human Rights verdict; 

19 (2) calls on the European Union members to in20 clude the release of Ms. Tymoshenko from imprison21 ment based on politicized and selective charges as a 

22 criterion for signing an association agreement with 

23 Ukraine at the upcoming Eastern Partnership Sum24 mit in Lithuania; 


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1 (3) expresses its belief and hope that Ukraine’s 

2 future rests with stronger ties to Europe, the United 

3 States, and others in the community of democracies; 

4 and 

5 (4) expresses its concern and disappointment 

6 that the continued selective and politically motivated 

7 imprisonment of former Prime Minister Yulia 

8 Tymoshenko unnecessarily detracts from Ukraine’s 

9 otherwise strong relationship with Europe, the United 

10 States, and the community of democracies. 


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Calendar No. 95 

113TH CONGRESS 

1ST SESSION S. RES. 165 

RESOLUTION 

Calling for the release from prison of former Prime 

ruling. of the recent European Court of Human Rights Minister of Ukraine Yulia Tymoshenko in light 

JUNE 25, 2013 

Reported with an amendment and an amendment to the 

preamble 


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