Ukraine deadlocked on resolving Tymoshenko’s release

Ukraine’s government and parliamentary opposition remained deadlocked on October 22 on how to resolve the EU demand that the government arrange for the release of imprisoned former Prime Minister Yulia Tymoshenko. The plan of the ruling Party of Regions involves passing a bill that guarantees medical treatment abroad for all prisoners, also requiring such prisoners return to Ukraine to complete their prison term and guarantees from the host nation that the prisoner won’t be politically active. The opposition, led by Tymosheko’s Fatherland party, refused to support such legislation, instead demanding a pardon from the Ukrainian president, as suggested by the EU leadership.

Polish Foreign Minister Radoslaw Sikorski and Swedish Foreign Minister Carl Bildt met with Ukrainian President Viktor Yanyukovych on October 22 to urge him to make a decision on Tymoshenko’s release as soon as possible, since less than a month remains until the EU must decide on signing the Association Agreement. “There’s very little time, but risk of not signing is very large,” Sikorski said, adding, “The time for bluffing is over, for both sides. The time has come to act. The EU Foreign Affairs Council will decide on November 18 on whether to endorse signing the Ukraine-EU Association Agreement at the Eastern Partnership summit in Vilnius on November 28-29.

Tymoshenko is ready to accept a “partial pardon” as proposed by the diplomatic mission led by former European Parliament Pat Cox and former Polish President Aleksander Kwasniewski, said on October 22 Arseniy Yatsenyuk, the parliamentary faction chair of the Fatherland party. “But even if she changes her mind now, Europe will demand it nevertheless,” Yatsenyuk said of the partial pardon. “It’s now entered a new stage, where there’s the demand from EU member-states for upholding human rights and freedoms.” The EU leadership is aware of Yanukovych’s current strategy, he said. “They know that Yanukovych is delaying his decision until the last day, they know that he can also not make a decision on the last day and they know that at the current moment, Yanukovych has made no decision,” Yatsenyuk said.

Zenon Zawada: After months of negotiations on Tymoshenko, the government and opposition have reached the heart of the debate: whether Tymoshenko gets released permanently (with a pardon or legislation), or whether she returns to prison after her medical treatment in Germany. The EU leadership said it won’t accept her return to prison. Therefore, a compromise could involve Tymoshenko’s freedom, but not a return to politics, which is what was suggested by European Parliament MP Marek Siwiec. Yet other EU leaders have voiced opposition to the notion that Tymoshenko should be barred from politics for any period.

An example of a possible compromise is that Tymoshenko and the opposition drops its demand for a pardon, the Yanukovych administration drops its demand for Tymoshenko’s return to prison, and the EU drops its demand that Tymosheko be able to return to Ukrainian political activity before the 2015 presidential election. That’s a compromise in which all the conflicting sides offer a sacrifice while also saving face.