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