Leading International Law Firm Skadden, Arps, Slate, Meagher & Flom LLP did not Find Evidence of Political Motivation in Judgement of Tymoshenko
Leading International Law Firm Skadden, Arps, Slate, Meagher & Flom LLP did not Find Evidence of Political Motivation in Judgement of Tymoshenko
AsiaNet 51668
KIEV, Ukraine, Dec. 13, /PRN=KYODO JBN/ --
The Ministry of Justice has received the independent report of the law firm
Skadden, Arps, Slate, Meagher & Flom LLP, following its investigation of the
Yulia Tymoshenko prosecution for exceeding her official powers at the
conclusion of contracts between Russian Gazprom and Naftogaz Ukraine.
In accordance with the signed agreement, Skadden Arps has delivered an
independent report that clearly documents the events that were the subject of
the trial and the trial itself. Through detailed analysis and a focus on the
evidence, the report addresses critics, who have challenged the legal process
and also the conviction, based on Yulia Tymoshenko's claims that the
prosecution was politically motivated and that her human rights have been
abused. For this reason, the Ministry of Justice asked the leading
international law firm to investigate the matter, taking into account all legal
documents and opinions of all parties.
This report, published today on the Ministry's website without amendment,
concludes as groundless Yulia Tymoshenko's claims that her prosecution was
politically motivated and states that she has provided no factual evidence that
would be sufficient to overturn her conviction under European or American
standards.
The report also points out that Yulia Tymoshenko's conduct in court would have
been unacceptable in other countries and would likely have resulted in a
contempt of court finding.
The Skadden Arps report shows how Yulia Tymoshenko overstepped her authority
and committed this crime:
1. by drafting Directives that set forth the terms that she and Prime Minister
of the Russian Federation had agreed to;
2. by ordering the head of NAK Naftogaz Ukraine to sign an agreement with
Gazprom in the absence of approval from the Cabinet of Ministers;
3. by threatening to fire the head of NAK Naftogaz Ukraine if he did not sign
the agreement;
4. and by deceiving the head of NAK Naftogaz Ukraine into believing that the
Cabinet of Ministers had approved the agreement after producing an official
looking document bearing her signature and the seal of Ukraine's Cabinet of
Ministers, despite the fact no such approval had been given for the document
named "Directives".
Even where the Skadden Arps Report questions certain procedural decisions by
the court, it concludes that these decisions were based on actions by
Tymoshenko designed to disrupt the court's work.
The court concluded that Yulia Tymoshenko's actions caused grave damage to
Ukraine, since citizens of Ukraine continue to pay the highest prices in Europe
for their gas due to Tymoshenko's deal with Russia. In this sense, every
citizen of this country is a victim of this crime.
The Ministry of Justice is grateful to Skadden Arps for this professional
analysis that unconditionally lays out the facts of this matter.
The Skadden Arps Report can be downloaded from the Ministry of Justice website
at this address:
http://www.minjust.gov.ua/42565
Source: Ministry of Justice of Ukraine
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