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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 466 Agreed to Senate (ATS)]

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 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, 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 nature 
        of prosecutions and 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 politicized 
        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 from her current incarceration based on politicized 
        charges, to provide Ms. Tymoshenko 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.
                                 <all>
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