NEWSBRIEFS

Judge opens case against Kuchma

KYIV - Kyiv Court of Appeals Judge Yurii Vasylenko has opened a criminal case against President Leonid Kuchma in connection with charges by opposition lawmakers that he violated 11 articles of the Criminal Code of Ukraine, including his alleged involvement in the illegal sale of military technology to Iraq and the murder of journalist Heorhii Gongadze, Ukrainian and international news agencies reported on October 15. Judge Vasylenko said he made his decision on the basis of an appeal by national deputies, documents from the ad hoc parliamentary commission set up to investigate the Gongadze case and evidence included on the secret audio recordings made by former presidential security officer Mykola Melnychenko. (RFE/RL Newsline)

Is case against Kuchma legal?

KYIV - The administration of Ukrainian President Kuchma said it believes the criminal case instigated against Mr. Kuchma by Judge Yurii Vasylenko is illegal and unconstitutional, the UNIAN news agency reported on October 15, quoting presidential spokeswoman Olena Hromnytska. Presidential administration chief Viktor Medvedchuk called the case an example of "legal nihilism." According to the Constitution of Ukraine, the president of Ukraine enjoys immunity from prosecution while in office and may be held accountable before a court of law only after a procedure of impeachment has been initiated against the president. However, there are no laws in Ukraine defining the procedure for impeachment. Justice Minister Oleksander Lavrynovych also said the case against President Kuchma is "beneath all criticism from a legal point of view." Mr. Lavrynovych admitted, however, that bringing to court persons shielded by immunity from prosecution has not been clearly regulated in Ukraine. (RFE/RL Newsline)

Iranian president in Ukraine

KYIV - Iranian President Mohammad Khatami arrived in Kyiv on October 15 for a two-day official visit, Ukrainian and international news agencies reported. Mr. Khatami and his Ukrainian counterpart, Leonid Kuchma, agreed on the creation of a joint aircraft-construction consortium and discussed the possibility for constructing a gas pipeline from Iran to Europe transiting Ukraine, the UNIAN news service reported. The two sides signed accords on bilateral trade and cooperation in health care, as well as an anti-drug trafficking memorandum. President Khatami told journalists that Iraq poses a threat to other countries if it possesses weapons of mass destruction, but called for a peaceful solution to the conflict between Baghdad and Washington. "We are against unilateral action by the United States," Mr. Khatami added. President Kuchma said Ukraine, too, supports a peaceful solution to the Iraq problem. (RFE/RL Newsline)

Estonian president visits Ukraine

KYIV - Estonian President Arnold Ruutel said in Kyiv on October 14 that Estonia supports Ukraine's efforts to integrate with Europe and NATO, Ukrainian and international news agencies reported. Following his meeting with President Leonid Kuchma, President Ruutel pledged to develop closer ties with Ukraine after Estonia, as widely expected, becomes a NATO member in November and a European Union member in 2004. UNIAN quoted Mr. Kuchma as saying that all that is taking place in Ukraine today "confirms the opinion of the European Union that it is still too early for us to [join the EU]." During Mr. Ruutel's visit Estonia and Ukraine signed a cooperation accord on environmental protection. (RFE/RL Newsline)

U.S., British experts probe Kolchuha issue

KYIV - U.S. and British non-proliferation experts met with Ukrainian officials on October 14 at the start of a 10-day mission to investigate whether Ukraine sold a sophisticated Kolchuha radar system to Iraq in violation of United Nations sanctions, the Associated Press reported. U.S. Ambassador to Ukraine Carlos Pascual said the main task of the team of 13 investigators is "to determine, in conjunction with the Ukrainian side, whether there's any information on whether there has been a transfer and whether there's information we can get that would help us protect both British and American pilots who are protecting the no-fly zone in Iraq." The same day, Ukrainian Foreign Affairs Minister Anatolii Zlenko denied allegations made by opposition lawmaker Yulia Tymoshenko that Ukraine secretly imported a Kolchuha system from Belarus last week in an effort to prove that none of Ukraine's systems were shipped to Iraq. (RFE/RL Newsline)

U.S. official: no doubt Kuchma gave OK

WASHINGTON - Assistant Secretary of State Elizabeth Jones told the U.S. Helsinki Commission in Washington on October 10 that there is no doubt Ukrainian President Leonid Kuchma approved the sale of the Kolchuha radar system to Iraq in violation of United Nations sanctions. But, Ms. Jones said, it is not clear that the system is in Iraq. President Kuchma and other Ukrainian officials have denied any wrongdoing. U.S. officials say the radar equipment in question could be a threat to allied aircraft patrolling Iraq's no-fly zones. The co-chairman of the Helsinki Commission, Sen. Ben Nighthorse Campbell, said the matter is extremely serious. The senator said priority should be given to investigating any financial links between Mr. Kuchma and his associates, and sales to rogue states such as Iraq. (RFE/RL News and Current Affairs)

Kuchma appoints investigative team

KYIV - President Leonid Kuchma has set up a commission intended to assist international experts in Ukraine in investigating the allegations that Kyiv may have illegally sold Kolchuha radar systems to Baghdad, UNIAN reported on October 9. The commission is headed by presidential administration chief Viktor Medvedchuk and includes presidential-administration officials responsible for military, security and trade issues. Meanwhile, U.S. officials have decided not to place Ukraine under scrutiny of a U.N. Security Council committee pending a U.S. investigation into the Kolchuha allegations. (RFE/RL Newsline)

Yulia: Ukraine has imported a Kolchuha

KYIV - Yulia Tymoshenko, the leader of the eponymous opposition bloc, told journalists on October 11 that "opposition representatives have been informed by six sources, including customs officers and employees of a military unit, that a Kolchuha radar system was shipped from Belarus through the customs checkpoint at Slavutych to a military unit in the town of Liubych (Chernihiv Oblast)," UNIAN reported. According to Ms. Tymoshenko, the radar unit was shipped in three railroad cars and repainted in Ukraine. Ms. Tymoshenko predicted that Kyiv will now inform Washington that no Kolchuha radar is missing in Ukraine, thus countering the U.S. allegations that Ukraine might have sold a Kolchuha unit to Iraq. Ms. Tymoshenko pledged to provide, "in the near future," more information about the alleged shipment of the radar unit from Belarus to Ukraine. The Defense Ministry said Ms. Tymoshenko's allegations are absolutely untrue. (RFE/RL Newsline)

Our Ukraine leader hopes for coalition

KYIV - Our Ukraine leader Viktor Yushchenko told journalists on October 14 that he hopes a democratic majority in the Verkhovna Rada can be created around three caucuses - Our Ukraine, Labor Ukraine and Ukraine's regions, UNIAN reported. "These [three] democratic forces are able to propose the idea of a democratic coalition as an open [proposal] around which other forces could group," Mr. Yushchenko said. Answering a question whether Our Ukraine is in opposition to the current government, Mr. Yushchenko said, "The force that is not in power can only be in opposition, there is no third option." (RFE/RL Newsline)

Yeliashkevych granted asylum in U.S.

WASHINGTON - Former Ukrainian National Deputy Oleksander Yeliashkevych told Reuters on October 9 that he has obtained political asylum in the United States. Mr. Yeliashkevych was a member of the previous Verkhovna Rada and participated in the work of a special parliamentary commission investigating the death of journalist Heorhii Gongadze. "I was granted political asylum because of a serious threat to my life that existed and still exists from Kuchma and his entourage," Mr. Yeliashkevych told Reuters. In February 2000, Mr. Yeliashkevych was attacked by unknown assailants and suffered a concussion. He later maintained that the attack was ordered by President Leonid Kuchma. Earlier this year, the Ukrainska Pravda website published a transcript of Mykola Melnychenko's secret audio recording on which voices similar to those of Mr. Kuchma and Leonid Derkach, then chief of the Security Service of Ukraine, discuss organizing an attack on Mr. Yeliashkevych. (RFE/RL Newsline)

Rada continues to haggle over majority

KYIV - The parliamentary caucuses of Our Ukraine, the Yulia Tymoshenko Bloc, the Socialist Party and the Communist Party have announced that they will continue boycotting parliamentary debates during the upcoming session week, October 15-18, UNIAN reported on October 10. The announcement followed a futile meeting of parliamentary-caucus leaders devoted to discussing the impasse in the Verkhovna Rada, where a nominal, fragile majority is unable to vote effectively and pass laws. In a move aimed at persuading some deputies to join the pro-government majority, its leaders threatened to reappoint parliamentary committee heads to the detriment of the three opposition caucuses and Our Ukraine. Our Ukraine leader Viktor Yushchenko, who appears to be the primary target of this threat, said his bloc is not interested in "trade" over Rada committees and is not going to "lose its political forces" for opposing a possible redistribution of the posts of committee heads. (RFE/RL Newsline)

Kuchma on visit to Armenia

YEREVAN - Armenian President Robert Kocharian and his visiting Ukrainian counterpart, Leonid Kuchma, pledged during talks in Yerevan on October 10 to strengthen bilateral political, military and economic relations, and trade, Noyan Tapan and RFE/RL's Yerevan bureau reported. Trade turnover doubled last year to reach $38.5 million and is expected to expand a further 30 percent this year, according to President Kocharian. The two sides signed four bilateral agreements, including one between their respective defense ministries that provides for the training of Armenian personnel at Ukrainian military academies. President Kuchma also met with the leaders of Armenian parliamentary factions. (RFE/RL Newsline)

Kuchma ready to discuss censorship

KYIV - President Leonid Kuchma pledged at an October 8 news conference that he is ready to negotiate with representatives of the recently launched independent union of journalists in order to "sort out what they claim to be political censorship" in Ukraine, UNIAN reported. "[I do not rule out that] there is some pressure somewhere. However, according to the Constitution, censorship is not permitted. Someone is exaggerating somewhat here," the president said. Mr. Kuchma stressed that "anti-presidential publications" in Ukraine are distributed freely. He recalled that the State Tax Administration has agreed that the international media watchdog Reporters Without Borders can be present at regular audits of Ukrainian media. (RFE/RL Newsline)

Kwasniewski mollifies Kuchma

WARSAW - President Aleksander Kwasniewski on October 8 spoke by telephone with his Ukrainian counterpart, Leonid Kuchma, Polish media reported. The conversation took place after a news conference at which President Kuchma accused Poland of interfering in Ukraine's internal affairs. UNIAN quoted Mr. Kuchma as saying, "We will sort out [our problems] by ourselves. Let them not stand in our way. I don't think that this [proposal] means assistance, pardon my saying." Mr. Kuchma's reaction was provoked by Poland's proposal to gather representatives of the Ukrainian government and the opposition for roundtable talks during a conference in Warsaw on October 15-16 on Ukraine's role following expected NATO and EU enlargement. According to a statement issued by the Polish president's office, Mr. Kuchma "accepted with interest" the initiative to hold such a conference in Warsaw and promised to send his representative. The statement also said that Mr. Kuchma will be unable to attend due to the upcoming visit by the Iranian president to Kyiv. (RFE/RL Newsline)

Warsaw backs down on proposal

WARSAW - President Aleksander Kwasniewski on October 9 said the conference in Warsaw that is to be devoted to Ukraine's relations with NATO and the European Union cannot play the role of "roundtable" talks for the Ukrainian authorities and the opposition, PAP reported. Mr. Kwasniewski added that calling the conference a "roundtable" is a "misunderstanding." He noted that such talks on Ukrainian affairs "may take place in Kyiv or another place in Ukraine, but not abroad." Many news agencies reported that Polish Prime Minister Leszek Miller had proposed during his visit to Lviv the previous week that representatives of the Ukrainian government and the opposition meet in Warsaw to discuss the current political standoff in Ukraine. In response to this proposal, Ukrainian President Leonid Kuchma accused Warsaw of interfering in Ukrainian domestic affairs. The same day, Foreign Minister Cimoszewicz also stressed that Mr. Miller did not propose to hold "roundtable" talks on the situation on Ukraine in Warsaw, and called the affair a "misunderstanding." (RFE/RL Newsline)

Poland hosts talks about Ukraine

WARSAW - Poland on October 15 launched a bid to stop neighboring Ukraine, shaken by opposition protests and U.S. allegations it sold arms to Iraq, from losing contact with the West and sliding into instability, reported Reuters news agency. Polish President Aleksander Kwasniewski hosted aides to Ukrainian President Leonid Kuchma and opposition leaders at two-day talks in which the European Union's foreign policy chief, Javier Solana, and Swedish Prime Minister Goran Persson also will participate. The conference was organized under the patronage of Messrs. Kwasniewski and Solana and gathered representatives of the Kuchma administration (including presidential administration chief Viktor Medvedchuk and National Defense and Security Council Secretary Yevhen Marchuk) and the opposition (including Oleksander Moroz and Viktor Yushchenko), as well as participants from Romania, Slovakia and Hungary. Warsaw originally intended to use the conference to initiate dialogue between the Ukrainian authorities and the opposition, but backed down after President Kuchma charged that this could constitute "interference" in Ukraine's domestic affairs. Reuters quoted President Kwasniewski as stating, "We must do all we can to help Ukraine find its rightful place in Europe." President Kuchma did not attend the meeting but was due to arrive after it ends on October 16 for meetings with Messrs. Solana and Kwasniewski. Meanwhile, NATO officials said in Brussels that plans for a summit with Ukraine in Prague next month - where the alliance is expected to invite seven eastern European countries to join - had been dropped. (Reuters, RFE/RL Newsline)

NGO says leader killed for political activity

KYIV - The Public Control organization on October 3 claimed that its head, Ruslan Syniavskyi, was killed because of his public activity, the Associated Press reported. Police reported that an unidentified gunman shot and killed Mr. Syniavskyi, 44, late on September 30 near the entrance to his apartment building in downtown Kyiv. Interfax reported that the assailant shot several times in an attempt to rob Syniavskyi. "It's very doubtful that an ordinary thief carries a gun. We [think] this was linked to his activity in the organization," Oleh Sadanets from Public Control told the AP. Public Control helps citizens defend their rights against abuse by state officials. (RFE/RL Newsline)

Expert predicts Ukraine in NATO in 2006

KYIV - Bruce Jackson, the head of the Washington-based think-tank U.S. Committee on NATO, predicted at a meeting with Ukrainian lawmakers in Kyiv on September 30 that Ukraine will be accepted as a member of NATO within four years, the Associated Press reported. "The final definition of Europe's security system is going to happen in the next five years. Ukraine is [NATO's] most important 'new relationship,' " the AP quoted Jackson as saying. "I'm very optimistic about what we can achieve in Ukraine in the next 42 months." A NATO summit in November is expected to determine whether Ukraine will be invited to start the accession process or remain in the Partnership for Peace program. (RFE/RL Newsline)

Copyright © The Ukrainian Weekly, October 20, 2002, No. 42, Vol. LXX

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