11:41 31.07.2013

ECHR ruling on Tymoshenko vs. Ukraine case carried out in full, says Justice Ministry

3 min read

Ukraine has fulfilled all of its obligations under the European Court of Human Rights' ruling in the case regarding former Ukrainian Prime Minister Yulia Tymoshenko's complaint against infringements by the Ukrainian government of her rights, reads a posting on the Web site of Ukraine's Justice Ministry.

"Today we can state that the ruling in the Tymoshenko vs. Ukraine case has been carried out in full and entails no further additional actions or obligations on the part of Ukraine. We can also declare the absence of any outstanding obligations under the ruling," reads the statement.

The ministry noted that the ECHR had issued a ruling in the Tymoshenko case on April 30 and that it acquired final status on July 30.

"The Ukrainian government's decision not to file a petition to challenge the judgment by the ECHR should be seen as a conscious step in the context of the reforms of judicial and law enforcement systems initiated by the Ukrainian president, since the problems underlying the statement by the ECHR of violations in the said case have now been resolved as a result of these reforms," reads the statement.

The Justice Ministry also noted that the verdict against Tymoshenko in the Russian gas supply contract case was not the subject of consideration by the ECHR, and that the violation of the European Convention on Human Rights in connection with the detention of the applicant does not envisage a review of the relevant decisions of the national courts.

"Moreover, this decision by the ECHR does not include any requirements for the release of the prisoner or sending her abroad for treatment," the ministry said, adding that the ECHR has not established any political motives in the violation of Tymoshenko's rights in the case.

The ECHR ruled on April 30, 2013, that Tymoshenko's arrest violated three paragraphs of Article 5 and also Article 18 of the European Convention.

Apart from the complaint against Tymoshenko's arrest, her defense team also filed a complaint with the ECHR against a violation of her right to a fair and public hearing due to political motives (Articles 6 and 18 of the European Convention on Human Rights), meaning her conviction in the 2009 gas supply case. The proceedings on the complaint were opened in October 2012.

Tymoshenko was arrested during her trial dealing with the conclusion of a 2009 gas supply contract with Russia on August 5, 2011.

On October 11, 2011, the Pechersky District Court in Kyiv sentenced Tymoshenko to seven years in prison for exceeding her authority when signing gas supply contracts with Russia in 2009. She has been serving her sentence at the Kachanivska correctional facility in Kharkiv since late December 2011.

Since May 9, 2012, she has been staying at a Kharkiv hospital and receiving medial treatment there.

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