III 

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, Mr. CASEY, Mrs. BOXER, and Mr. 

MENENDEZ) 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 

SEPTEMBER 22 (legislative day, SEPTEMBER 21), 2012 

Considered, amended, and agreed to with an amended preamble 

RESOLUTION 

Calling for the release from prison of former Prime Minister 

of Ukraine Yulia Tymoshenko. 

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 

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•SRES 466 ATS 

tion-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; 


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•SRES 466 ATS 

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 


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•SRES 466 ATS 

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 

1 Resolved, That the Senate— 

2 (1) condemns the selective and politically moti3 vated prosecution and imprisonment of former 

4 Prime Minister Yulia Tymoshenko; 

5 (2) expresses its deep concern that the politi6 cized nature of prosecutions and detention of Ms. 

7 Tymoshenko and other members of her party took 

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•SRES 466 ATS 

1 manship of the Organization for Security and Co2 operation in Europe (OSCE) in 2013; 

3 (3) expresses its deep concern that the politi4 cized detention of Ms. Tymoshenko threatens to 

5 jeopardize ties between the United States and 

6 Ukraine; 

7 (4) calls for the Government of Ukraine to re8 lease Ms. Tymoshenko from her current incarcer9 ation based on politicized charges, to provide Ms. 

10 Tymoshenko with timely access to medical care, and 

11 to conduct the October parliamentary elections in a 

12 fair and transparent manner consistent with OSCE 

13 standards; and 

14 (5) calls on the Department of State to insti15 tute a visa ban against those responsible for the im16 prisonment and mistreatment of Ms. Tymoshenko 

17 and the more than dozen political leaders associated 

18 with the 2004 Orange Revolution. 

Æ 


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