Tymoshenko’s Appeal Underway in Ukraine

By Pearl Rimon
Impunity Watch Reporter, Europe

KIEV, Ukraine – Former prime minister Yulia Tymoshenko started her appeals hearing on Thursday against her convictions on abuse of power charges.

Tymoshenko supporters hold a protest in front of the court. (Photo courtesy of France 24).

Tymoshenko’s five lawyers argued that she should be released because no crime had been committed. A representative of the state energy company, Naftogaz, and the prosecutor call for the appeal to be rejected. The final ruling is expected to be give on Tuesday after the opinion of the second prosecutor is heard.

“There is no proof of Tymoshenko’s guilt,” her lawyer Sergiy Vlasenko told journalists after the hearing.

Olexander Plakhotniuk, another of Tymoshenko’s lawyers, told the court: “”I consider that the sentence of the court (last October) is unlawful. The court incorrectly applied criminal law and this is the basis for overturning the sentence.”

Tymoshenko has been imprisoned since August 2011. In October of that year, she was sentenced to seven years on accusations she abused her power as prime minister by signing a gas contract with Russia, that Ukraine had decided was against its interests at the time.

If the court does not release Tymoshenko, she is able to bring her case in front of the European Court of Human Rights (ECHR), to be able to do this she must have exhausted all the legal options in Ukraine. Tymoshenko already has an appeal in process to the ECHR regarding another arrest that is scheduled for August 28.

The European Union sees the Tymoshenko case as a political trial and has caused a rift between Ukraine and the West. The EU sees Tymoshenko as a victim of selective justice by President Viktor Yanukovych, her political rival . Tymoshenko was the leader of the 2004 Orange Revolution which derailed President Yanukovych’s first bid for the presidency. In February 2010, the two had a run-off for the presidency.

Tymoshenko is currently being treated for a back condition in a state hospital and was unable to attend the first day of trial.

Parliamentary supporters of Tymoshenko attempted to nail a reproduction of a Renaissance painting depicting a corrupt judge being flayed alive. Judge Stanlislav Myshchenko warned supports that further disturbances would result in being expelled.

For further information, please see:

CNBC — Tymoshenko Appeals Against Conviction in Ukraine Court – 16 August 2012

France 24 — Ukraine Starts Hearing Tymoshenko Appeal — 16 August 2012

Gulf Times — Tymoshenko Appeals Against Conviction – 16 August 2012

Ecuador Grants Assange Asylum, Incites Demonstrations

By Margaret Janelle R. Hutchinson
Impunity Watch Reporter, South America

 QUITO, Ecuador – Foreign Minister Ricardo Patiño announced Thursday that Ecuador would grant asylum to WikiLeaks founder Julian Assange.  In the days before the decision demonstrators gathered outside the Ecuadorian embassy in London, as well as, the British embassy in Quito.

Demonstrators step on a British flag during a protest outside the United Kingdom’s embassy in Quito. (Photo courtesy Albany Times Union)

In a televised statement, Patiño said, “the government of Ecuador, true to its tradition of protecting those who seek refuge in its territory, on the premises of diplomatic missions, has decided to grant diplomatic asylum to citizen Assange based on the request he made.”

He added that the government made a fair and objective assessment of the situations described by Mr. Assange, and shares the concern that Assange may be a victim of political persecution.

In advance of the announcement from Quito, supporters of Mr. Assange gathered outside the embassy in London on Thursday, refusing police orders to move across the road until officers bundled three of them into police vans and arrested them.

The minister said his government had taken the decision after the authorities in Britain and the United States had refused to give guarantees that, if Mr. Assange were extradited to Sweden, he would not then be sent on to America to face other charges.

Patiño also said he hoped Britain would permit Mr. Assange to leave the embassy in London for Ecuador — a guarantee Britain has refused to give, saying it has a legal obligation to extradite Mr. Assange to Sweden, where is wanted to face questioning about allegations of sexual misbehavior.

President Rafael Correa, in his Twitter account, MashiRafael said “right now, Foreign Minister, Ricardo (Patiño) will announce a formal decision on the case in Ecuador concerning Assange. Nobody is going to scare us!”

Ecuador accused Britain on Wednesday of threatening to storm its London embassy to arrest Julian Assange after the U.K. issued a stern warning to the South American nation ahead of its decision on an asylum bid by the WikiLeaks founder, inciting demonstrations outside the British embassy in Quito.

In a televised address Wednesday, Patiño said that the Ecuadorian government had received a written notice from British authorities that they would “assault” the country’s embassy in London if Ecuadoran authorities failed to hand over Assange to British authorities.

“We are not a British colony,” he said. “Those times are passed.”

Analyst and professor at the Latin American Faculty of Social Sciences, Julio Echeverria, told The Associated Press that, “Ecuador has a completely unpredictable foreign policy and does not reflect an institutional maturity with regard to respect for principles, rights, procedures and internationally accepted standards.”

“Ecuador’s position means a breakdown of a relationship with both England and Sweden, because it assumes that justice is conducted under Swedish political criteria, which is unacceptable, as is the assumption that the justice of these countries would be conducted under pressure from a third country like the United States, which is also inconceivable,” Echeverria said.

For more information, please see:

Albany Times Union – Ecuador Grants Political Asylum to Assange – 16 August 2012

CNN – Ecuador Grants Asylum to WikiLeaks’ Assange – 16 August 2012

The New York Times – Ecuador Grants Asylum to WikiLeaks Founder – 16 August 2012

El Universal – Ecuador anuncia decisión de otorgarle asilo a Julian Assange – 16 August 2012

USA Today – Ecuador Grants Political Asylum to WikiLeaks’ Assange – 16 August 2012

 

Members of Punk Band to Continue Their Protest While Awaiting Band Mates’ Verdict

By Connie Hong
Impunity Watch Reporter, Europe

MOSCOW, Russia — Three members of a Russian feminist punk band, Pussy Riot, currently face up to three years of jail time for performing an anti-Putin piece on the altar of Moscow’s Christ the Savior cathedral. The three women, Maria Alyokhina, Ekaterina Samutsevich, and Nadezhda Tolokonnikova, have all been charged with “hooliganism” and incitement of religious hatred. Despite the arrest of their band mates, the remaining members refused to back down on their protesting activities.

Alyokhina, Samutsevich, and Tolokonnikova, during their trial. (Photo Courtesy of The Guardian) Tolokonnikova, Alyokhina, and Samutsevich during their trial. (Photo Courtesy of The Guardian) Continue Reading

Ecuador to Rule on Asylum Request of Alleged Rapist and WikiLeaks Founder Julian Assange

By Margaret Janelle R. Hutchinson
Impunity Watch Reporter, South America

QUITO, Ecuador – Ecuador has announced that it will make a decision on the asylum request of infamous WikiLeaks founder Julian Assange, 41, by the end of the week.  Assange has been ensconced at the Ecuadorian embassy in London since June 19, avoiding extradition to Sweden where he will face charges of sexual molestation and rape.

Ecuador’s President wary of United States “secret courts” sentencing Assange to death, will personally decide whether to grant the WikiLeaks founder asylum. (Photo courtesy of The Sydney Morning Herald)

Mr Assange has said he fears if he is extradited he may later be sent to the US to face espionage charges, which could carry the death penalty. However, this argument was dismissed by prosecutors at his extradition hearing who said Sweden provided “protection against that sort of threat and violation”. No formal charges have been filed by Washington.

WikiLeaks, which facilitates the anonymous leaking of secret information, has published about 250,000 confidential U.S. diplomatic cables, causing embarrassment to the government and others. It also has published hundreds of thousands of classified U.S. documents relating to the conflicts in Iraq and Afghanistan.

Ecuadorian President Rafael Correa shares Assange’s fears, stating in a television interview Monday evening that,

“The process in Sweden needs to be reviewed, you have to consider the possibility of extradition to the United States, if there’s a secret tribunal there, if there’s any risk of a death penalty. It requires a large amount of information, an analysis of international law to make an informed, absolutely responsible and sovereign decision.”

A decision could be made as early as Wednesday.  Correa stated on Monday that the delay in the decision making has been due to the complexity of the case, but earlier reports indicated that Correa was waiting until after the conclusion of the Olympic games in London.

It is not clear how Assange would travel to Ecuador if he is granted asylum. By diplomatic convention, British police cannot enter the embassy without Ecuador’s approval. But he has no way of boarding a plane to Ecuador without passing through London and exposing himself to arrest.

Assange was arrested in Britain in 2010 because Swedish authorities wanted to question him about the sexual molestation and rape allegations, which he denies. His bail conditions included staying every night at the home of a supporter outside London.

British police say he violated his bail by staying at the embassy. After he entered it, they served him with notice to turn himself in — an order he ignored, marking a further violation.

Assange has not indicated why he chose to seek out Ecuador.  He interview Correa back in May, and the two seemed to share a similar outlook.  The interview showed a shared distaste for U.S. foreign policy and big media outlets.

“Cheer up. Welcome to the club of the persecuted,” Correa told Assange at the end of the 25-minute interview.

Ecuadorean Foreign Minister Ricardo Patino confirmed that President Correa would personally determine the outcome of Assange’s application.

”The president will decide … We will have a meeting with the president to give information of what we have done. We have done a lot, we talked with Britain, we talked to Sweden,” Mr Patino told a news conference on Monday.

Australian Foreign Minister Bob Carr said yesterday that the Australian government had no interest in Mr Correa’s consideration of Assange’s asylum application.

”That’s a matter between him and Julian Assange,” Senator Carr said.

”I’d just say again – if America were interested in Julian Assange they could have sought his extradition from the UK at any time in the last two years.”

For more information, please see:

 BBC News – Ecuador to make Assange asylum bid decision ‘this week’ – 14 August 2012

The Christian Science Monitor – Ecuador to decide about Assange asylum this week – 14 August 2012

CNN – Decision on WikiLeaks founder’s asylum request coming, Ecuador says – 14 August 2012

The Sydney Morning Herald – Assange awaits Ecuador verdict – 15 August 2012

New Delhi Authorities Detain Protesting Yoga Instructor

By Karen Diep
Impunity Watch Reporter, Asia

NEW DELHI, India – Today, New Delhi authorities arrested Baba Ramdev, a popular yoga instructor and Hindu talk show host, for his participation in an anti-corruption protest near Parliament.

Authorities arresting Baba Ramdev. (Photo Courtesy of The Guardian)

“Remove the Congress party and save the nation,” urged Mr. Ramdev amongst thousands.

Mr. Ramdev and his supporters marched in protest of the government’s failure to control corruption and retrieve black money stashed away in foreign countries.

According to the Times of India, a Congress representative declared the protest a stunt.

“Lok Sabha polls will be in 2014 and 99 per cent could be in 2013.  This protest is to ensure that no dishonest person enters Parliament.  Such people should be boycotted.  We do not have a political agenda,” shared Mr. Ramdev.

After his detainment, authorities moved Mr. Ramdev to a bus expected to transport the yoga instructor to a Bawana police station located outside of New Delhi.  However, a large number of Mr. Ramdev’s supporters climbed on the bus, delaying its movement.  In the end, authorities ordered ninety buses to round up the protestors.

“We’ve deployed adequate security for Ramdev’s march.  Everything should be in control,” said a New Delhi police spokesman to Reuters.  However, he refused to comment on whether Mr. Ramdev received permission for the protest.

“Delhi Police is a puppet in the hands of the Central government.  We will not do anything that disrupts peace.  We wanted to march towards Parliament in a peaceful manner to make our voices heard,” said Mr. Ramdev.

For further information, please see: 

The Guardian – Indian TV star Baba Ramdev arrested at anti-corruption walk – 13 August 2012

New Delhi – Ramdev detained by police, fails to reach Parliament – 13 August 2012

News of India – Baba Ramdev taken into preventive custody – 13 August 2012

Reuters – Baba Ramdev’s detention lifted, protest continues – 13 August 2012