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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 466 Reported in Senate (RS)]

                                                       Calendar No. 526
112th CONGRESS
  2d Session
S. RES. 466

Calling for the release from prison of former Prime Minister of Ukraine 
                           Yulia Tymoshenko.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2012

   Mr. Inhofe (for himself, Mr. Durbin, and Mr. Casey) submitted the 
 following resolution; which was referred to the Committee on Foreign 
                               Relations

                           September 19, 2012

   Reported by Mr. Kerry, 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.

<DELETED>Whereas Ukraine has experienced encouraging growth and reforms since it 
        declared its independence from the former Soviet Union in 1991 and 
        adopted its first constitution in 1996;
Whereas the 1996 constitution provided basic freedoms like the freedom of 
        speech, assembly, religion, and press, but was ultimately too weak to 
        contain the existing corruption-laced political culture inherited from 
        its communist past;
Whereas, as a result of the electoral fraud by which Mr. Yanukovych was declared 
        the winner, the citizens of the Ukraine organized a series of protests, 
        strikes, and sit-ins, which came to be known as ``The Orange 
        Revolution'';
Whereas the Orange Revolution, in concert with United States and international 
        pressure, forced the Supreme Court of Ukraine to require an 
        unprecedented second run-off election, which resulted in opposition 
        leader Mr. Yushchenko defeating Mr. Yanukovych by a margin of 52 percent 
        to 44 percent;
Whereas, in the 2010 presidential election, incumbent Yushchenko won only 5.5 
        percent in the first round of voting, which left former Prime Minister 
        Yanukovych and then Prime Minister Yulia Tymoshenko to face one another 
        in the run-off election;
Whereas, Mr. Yanukovych defeated Ms. Tymoshenko by a margin of 49 percent to 44 
        percent;
Whereas, shortly after the 2010 inauguration of Mr. Yanukovych, the Ukrainian 
        Constitutional Court found most of the 2004 Orange Revolution inspired 
        constitutional reforms unconstitutional;
Whereas, in 2010, President Yanukovych appointed Viktor Pshonka Prosecutor 
        General, equivalent to the United States Attorney General;
Whereas, since Mr. Pshonka's appointment, more than a dozen political leaders 
        associated with the 2004 Orange Revolution have faced criminal charges 
        under the Abuse of Office and Exceeding Official Powers articles of the 
        Ukrainian Criminal Code;
Whereas, in 2011, Prosecutor General Pshonka brought charges under these Abuse 
        of Office articles against former Prime Minister Yulia Tymoshenko over 
        her decision while in office to conclude a natural gas contract between 
        Ukraine and Russia;
Whereas, on October 11, 2011, Tymoshenko was found guilty and sentenced to seven 
        years in prison, fined $189,000,000, and banned from holding public 
        office for three years;
Whereas, recognizing the judicial abuses present in Ukraine, the Parliamentary 
        Assembly Council of Europe (PACE) passed Resolution 1862 on January 26, 
        2012;
Whereas Resolution 1862 declared that the Abuse of Office and Exceeding Official 
        Powers articles under which Tymoshenko was convicted are ``overly broad 
        in application and effectively allow for ex post facto criminalization 
        of normal political decision making'';
Whereas, since Ms. Tymoshenko's imprisonment, the Prosecutor General's Office 
        has reopened additional cases against her that were previously closed 
        and thought to be sealed under a ten-year statute of limitations;
Whereas, on October 28, 2011, the Ukrainian Deputy Prosecutor General alleged in 
        a television interview that Ms. Tymoshenko was involved in contract 
        killings, tax evasion, bribery, and embezzlement;
Whereas, at the time of the Deputy Prosecutor's public allegations, no formal 
        charges were filed, thereby violating Ms. Tymoshenko's right to 
        ``presumed innocence'' guaranteed by Article 6(2) of the European 
        Convention on Human Rights;
Whereas, since August 5, 2011, Ms. Tymoshenko has languished in a prison cell in 
        Ukraine with limited outside contact and access to needed medical 
        treatment;
Whereas the denial of proper medical assistance has left Ms. Tymoshenko in a 
        failing state of health;
Whereas international calls for Ms. Tymoshenko's release, access to outside 
        visitors, and adequate medical treatment have been ignored even as her 
        health continues to deteriorate;
Whereas, on April 28, 2012, major international news organizations, including 
        the British Broadcast Corporation and Reuters, reported on and produced 
        photos of bruises received by Ms. Tymoshenko during an apparent beating 
        by prison guards on April 20, 2012;
Whereas, in response to her inhumane treatment, Ms. Tymoshenko began a hunger 
        strike on April 20, 2012;
Whereas, amid international outrage, the European Union has delayed indefinitely 
        the signing of a free trade agreement with Ukraine, and the member 
        countries of the Organization for Security and Co-operation in Europe 
        currently are deliberating whether to allow Ukraine to assume the 
        chairmanship of the organization, which has been scheduled for 2013; and
Whereas, under international pressure, Ms. Tymoshenko was moved to a hospital in 
        Kharkiv on May 9, 2012, prompting her to end her hunger strike: Now, 
        therefore, be it
</DELETED>Whereas Ukraine has experienced encouraging growth and reforms since 
        it declared its independence from the former Soviet Union in 1991 and 
        adopted its first constitution in 1996;
Whereas the 1996 constitution provided basic freedoms like the freedom of 
        speech, assembly, religion, and press, but was ultimately too weak to 
        contain the existing corruption-laced political culture inherited from 
        its communist past;
Whereas, as a result of the electoral fraud by which Prime Minister Viktor 
        Yanukovych was declared the winner of the 2004 presidential election, 
        the citizens of the Ukraine organized a series of protests, strikes, and 
        sit-ins, which came to be known as ``The Orange Revolution'';
Whereas the Orange Revolution, in concert with international pressure, forced an 
        unprecedented second run-off election, which resulted in opposition 
        leader Viktor Yushchenko defeating Mr. Yanukovych by a margin of 52 
        percent to 44 percent;
Whereas, in the 2010 presidential election, incumbent Yushchenko won only 5.5 
        percent in the first round of voting, which left former Prime Minister 
        Yanukovych and then Prime Minister Yulia Tymoshenko to face one another 
        in the run-off election;
Whereas, Mr. Yanukovych defeated Ms. Tymoshenko by a margin of 49 percent to 44 
        percent;
Whereas, shortly after the 2010 inauguration of Mr. Yanukovych, the Ukrainian 
        Constitutional Court found most of the 2004 Orange Revolution inspired 
        constitutional reforms unconstitutional;
Whereas, in 2010, President Yanukovych appointed Viktor Pshonka Prosecutor 
        General;
Whereas, since Mr. Pshonka's appointment, more than a dozen political leaders 
        associated with the 2004 Orange Revolution have faced criminal charges 
        under the Abuse of Office and Exceeding Official Powers articles of the 
        Ukrainian Criminal Code;
Whereas, in 2011, Prosecutor General Pshonka brought charges under these Abuse 
        of Office articles against former Prime Minister Yulia Tymoshenko over 
        her decision while in office to conclude a natural gas contract between 
        Ukraine and Russia;
Whereas, on October 11, 2011, Ms. Tymoshenko was found guilty and sentenced to 
        seven years in prison, fined $189,000,000, and banned from holding 
        public office for three years following the completion of her sentence;
Whereas, recognizing the judicial abuses present in Ukraine, the Parliamentary 
        Assembly Council of Europe (PACE) passed Resolution 1862 on January 26, 
        2012;
Whereas Resolution 1862 declared that the Abuse of Office and Exceeding Official 
        Powers articles under which Ms. Tymoshenko was convicted are ``overly 
        broad in application and effectively allow for ex post facto 
        criminalization of normal political decision making'';
Whereas, since Ms. Tymoshenko's imprisonment, the Prosecutor General's Office 
        has reopened additional cases against her that were previously closed 
        and thought to be sealed under a 10-year statute of limitations;
Whereas, beginning on October 28, 2011, and multiple times since, Ukrainian 
        Deputy Prosecutor General Renat Kuzmin has alleged in television 
        interviews that Tymoshenko was involved in contract killings, but has 
        filed no formal charges;
Whereas, for much of Ms. Tymoshenko's detention, she had limited outside contact 
        and access to needed medical treatment;
Whereas international calls for Ms. Tymoshenko's release, access to outside 
        visitors, and adequate medical treatment were initially ignored even as 
        her health continued to deteriorate;
Whereas, on April 28, 2012, major international news organizations, including 
        the British Broadcast Corporation and Reuters, reported on and produced 
        photos of bruises allegedly received by Ms. Tymoshenko from prison 
        guards on April 20, 2012;
Whereas, in response to her inhumane treatment, Ms. Tymoshenko began a hunger 
        strike on April 20, 2012;
Whereas, amid international outrage, the European Union has delayed indefinitely 
        the signing of a free trade agreement with Ukraine;
Whereas, under international pressure, Ms. Tymoshenko was moved to a hospital in 
        Kharkiv on May 9, 2012, prompting her to end her hunger strike, yet 
        leaving her in poor health; and
Whereas on May 30, 2012, the European Parliament passed a resolution (C153/21) 
        deploring the sentencing of Ms. Tymoshenko: Now, therefore, be it
    Resolved, <DELETED>That the Senate--
        <DELETED>    (1) condemns the administration of President 
        Viktor Yanukovych for the politically motivated imprisonment of 
        former Prime Minister Yulia Tymoshenko;</DELETED>
        <DELETED>    (2) calls on the Yanukovych administration to 
        release Ms. Tymoshenko immediately for medical 
        reasons;</DELETED>
        <DELETED>    (3) urges the Organization for Security and 
        Cooperation in Europe not to recognize Ukraine's scheduled 2013 
        chairmanship of the Organization until the release of Ms. 
        Tymoshenko;</DELETED>
        <DELETED>    (4) urges the Department of State to withdraw the 
        United States Ambassador to the Ukraine and suspend operations 
        at the United States Embassy in Kiev until the release of Ms. 
        Tymoshenko;</DELETED>
        <DELETED>    (5) calls on the Department of State to institute 
        a visa ban against President Yanukovych, Prosecutor General 
        Viktor Pshonka, and other officials responsible for Ms. 
        Tymoshenko's imprisonment; and</DELETED>
        <DELETED>    (6) calls on the North Atlantic Treaty 
        Organization to suspend all cooperative agreements with Ukraine 
        and place Ukraine on indefinite probation with regard to its 
        Distinctive Partnership with the Organization until the release 
        of Ms. Tymoshenko.</DELETED>
    That the Senate--
            (1) condemns the selective and politically motivated 
        prosecution and imprisonment of former Prime Minister Yulia 
        Tymoshenko;
            (2) expresses its deep concern that the politicized 
        prosecutions and continued detention of Ms. Tymoshenko and 
        other members of her party took place in a country that is 
        scheduled to assume chairmanship of the Organization for 
        Security and Cooperation in Europe (OSCE) in 2013;
            (3) expresses its deep concern that the continued detention 
        of Ms. Tymoshenko threatens to jeopardize ties between the 
        United States and Ukraine;
            (4) calls for the Government of Ukraine to release Ms. 
        Tymoshenko, to provide her with timely access to medical care, 
        and to conduct the October parliamentary elections in a fair 
        and transparent manner consistent with OSCE standards; and
            (5) calls on the Department of State to institute a visa 
        ban against those responsible for the imprisonment and 
        mistreatment of Ms. Tymoshenko and the more than dozen 
        political leaders associated with the 2004 Orange Revolution.

                                                       Calendar No. 526

112th CONGRESS

  2d Session

                              S. RES. 466

_______________________________________________________________________

                               RESOLUTION

Calling for the release from prison of former Prime Minister of Ukraine 
                           Yulia Tymoshenko.

_______________________________________________________________________

                           September 19, 2012

      Reported with an amendment and an amendment to the preamble
```