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  <p align="justify"><b><font size="2">Observation of the presidential election 
  in Ukraine (31 October 2004)</font></b></p>
  <p align="justify"><b><font size="2">Doc. 10369<br>
  </font></b><font size="2">7 December 2004</font></p>
  <p align="justify"><b><font size="2">Report<br>
  </font></b><font size="2">Ad hoc Committee of the Bureau of the Assembly<br>
  Rapporteur: Mr Doros Christodoulides, Cyprus, Group of the Unified European 
  Left</font></p>
  
  
  
  <p align="justify"><a href="../doc05/EDOC10369AD.htm">Link to the Addendum</a></p>
  
  
  
<hr size="1">
    <p align="justify"><b><font size="2">I.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
    Introduction</font></b></p>
  <p align="justify"><font size="2">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Following an invitation by the Speaker of the Verkhovna Rada, Mr Lytvyn, the 
  Bureau of the Assembly decided on 21 June 2004 to set up an 30 member ad hoc 
  Committee to observe the Presidential Elections in Ukraine to be held on 31 
  October 2004, and on 7 September appointed Mr Doros Christodoulides as its 
  Chair. Taking into account the importance of these elections and the 
  complicated pre-electoral situation, the Bureau of the Assembly decided on 8 
  October 2004, at the request of the Monitoring Committee of the Assembly, to 
  increase to 40 the number of members of the ad hoc Committee.</font></p>
  <p align="justify"><font size="2">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  On 4 October 2004 a co-operation agreement was signed between the 
  Parliamentary Assembly and the European Commission for Democracy through Law 
  (Venice Commission). Acting on the proposal of the Venice Commission, and in 
  conformity with article 15 of the agreement &#150;<i> &#147;When the Bureau of the 
  Assembly decides to observe an election in a country in which electoral 
  legislation was previously examined by the Venice Commission, one of the 
  rapporteurs of the Venice Commission on this issue may be invited to join the 
  Assembly's election observation mission as legal adviser&#148; -</i>, the President 
  of the Assembly invited an expert of the Venice Commission to joint the ad hoc 
  Committee as advisor.</font></p>
  <p align="justify"><font size="2">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Based on proposals by the political groups in the Assembly, the ad hoc 
  Committee was composed as follows:</font></p>
  <p align="justify"><b><font size="2">Socialist Group (SOC)<br>
  </font></b><font size="2">Mr Abdulkadir ATES, Turkey<br>
  Ms Meritxell BATET, Spain <br>
  Ms Anna CURDOV�, CzechRepublic <br>
  M. Taulant DEDJA, Albania <br>
  Mr Andreas GROSS, Switzerland <br>
  Ms Jelena HOFMAN, Germany <br>
  Mr Jerzy JASKIERNIA, Poland <br>
  Mr Franti&#154;ek MEZIHOR�K, Czech Republic <br>
  Ms Katrin SAKS, Estonia<br>
  Mme Rugh-Gaby VERMOT-MANGOLD, Switzerland <br>
  Ms Jane GRIFFITHS, United Kingdom<br>
  Mr Algirdas SYSAS, Lithuania <br>
  Ms Elvira CORTAJARENA, Spain</font></p>
  <p align="justify"><font size="2">Group of the European People&#146;s Party (EPP/CD)<br>
  <span lang="FR">Mr Christos POURGOURIDES, Cyprus <br>
  M. Pasquale NESSA, Italie <br>
  </span>Mr Murat MERCAN, Turkey <br>
  Mr Marko MIHKELSON, Estonia<br>
  <span lang="FR">Mr Andrea RIGONI, Italy <br>
  M. Fran�ois ROCHEBLOINE, France<br>
  </span><span lang="SV">Ms Elsa SKARB�VIK, Norway <br>
  Mr Kimmo SASI, Finland <br>
  Ms Jozefina TOPALLI, Albania <br>
  </span>Mr Jan RZYMELKA, Poland</font></p>
  <p align="justify"><b><font size="2">Liberal, Democratic and Reformers&#146; Group 
  (LDR)<br>
  </font></b><font size="2">Ms Hanne SEVERINSEN, Denmark <br>
  Mr Giorgi ARVELADZ�, Georgia <br>
  Mr Stef GORIS, Belgium <br>
  Mr Mike HANCOCK, United Kingdom <br>
  Mr Harald LEIBRECHT, Germany <br>
  Mr Johannes RANDEGGER, Switzerland <br>
  Mr Didier RAMOUDT, Belgium</font></p>
  <p align="justify"><b><font size="2">European Democratic Group (EDG)<br>
  </font></b><font size="2">Mr Andr� KVAKKESTAD, Norway <br>
  Mr Mevl�t CAVUSOGLU, Turkey <br>
  Mr Umar DZHABRAILOV, Russia <br>
  Mr Aydin MIRZAZADA, Azerbaijan</font></p>
  <p align="justify"><b><font size="2">Group of the Unified European Left (UEL)<br>
  </font></b><font size="2">Mr Doros CHRISTODOULIDES, Cyprus <br>
  Mr Piotr PALAMARCIUC, Moldova</font></p>
  <p align="justify"><b><font size="2">Venice Commission<br>
  </font></b><font size="2">Mr Angel Sanches NAVARRO, Spain<br>
  Mr Sergey KOUZNETSOV, Venice Commission Secretariat</font></p>
  <p align="justify"><b><font size="2">Secretariat <br>
  </font></b><font size="2">Mr Vladimir DRONOV, Head of Secretariat of the 
  Interparliamentary co-operation unit<br>
  Mr Bas KLEIN, Deputy to the head of Secretariat<br>
  Mr Francesc FERRER, Press Officer<br>
  Ms Alexandra ALLEON, Administrative Assistant</font></p>
  <p align="justify"><font size="2">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The ad hoc Committee acted as part of the International Election Observation 
  Mission (IEOM) which also included the election observation missions of the 
  OSCE Parliamentary Assembly, the European Parliament and the NATO 
  Parliamentary Assembly as well as the election observation mission of the 
  Organisation for Co-operation and Security in Europe&#146;s Office for Democratic 
  Institutions and Human Rights (OSCE/ODIHR). Besides the observers deployed by 
  the IEOM, 4000 other international observers, among which observers from the 
  National Democratic Institute (NDI), the Parliamentary Assembly of the CIS as 
  well as Embassies accredited to Ukraine, were observing these elections</font></p>
  <p align="justify"><font size="2">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The ad hoc Committee met in Kyiv from 29 October to 1 November 2004 and held, 
  inter alia, meetings with representatives of the main candidates contesting in 
  these elections the Chairman of the CEC, Ambassadors representing the 
  countries holding the chairmanship of the organisations constituting the IEOM, 
  the Head of the election observation mission of the OSCE/ODIHR and his staff, 
  as well as the mass media. The programme of the meetings of the ad hoc 
  Committee appears in Appendix 1.</font></p>
  <p align="justify"><font size="2">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  On Election Day the ad hoc Committee was split into 25 teams which observed 
  the elections in and around Kyiv, Simferopol, Odessa, Lviv, Donetsk, 
  Dnipropetrovsk and Kharkiv.</font></p>
  <p align="justify"><font size="2">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  In order to draw an assessment of the electoral campaign as well as the 
  political climate in the run-up to the elections, the Bureau sent a 
  pre-electoral mission to Ukraine from 26 to 29 September 2004. The 
  pre-electoral mission, composed of a member of each of the political groups in 
  the Assembly, consisted of: Mr. Doros Christodoulides (UEL, Cyprus), Mr 
  Abdulkadir Ates (SOC, Turkey), Mr Christos Pourgourides (EPP/CD, Cyprus), Ms 
  Hanne Severinsen (LDR, Denmark) and Mr Andr� Kvakkestad (EDG, Norway). &nbsp;In 
  Kyiv the delegation met with, inter alia, the candidates contesting in these 
  elections, the Chairman of the Central Election Committee, the Speaker of the 
  Verkhovna Rada, the Chairmen of the Constitutional and Supreme Courts, the 
  Deputy Ministers of Foreign and Internal Affairs, the Head of the OSCE/ODIHR 
  election observation mission, Ambassadors of Council of Europe member States 
  as well as representatives of NGOs and the mass media. The press release 
  issued by the delegation at the end of their stay appears in Appendix 2.</font></p>
  <p align="justify"><font size="2">8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The IEOM unanimously concluded that the first round of the Presidential 
  Elections in Ukraine did not meet a considerable number of OSCE and Council of 
  Europe standards for democratic elections. Despite the relatively calm and 
  orderly vote itself, the pre-electoral period can only be assessed negatively 
  as non conducive to the free expression of the will of the electorate, due to 
  which, in the opinion of the IEOM, the election process constituted a step 
  backwards from the 2002 Parliamentary Elections. The press statement issued by 
  the IOM appears in appendix 3.</font></p>
  <p align="justify"><font size="2">9.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The ad hoc Committee wishes to thank the Verkovna Rada, the OSCE/ODIHR 
  election Observation Mission and Ambassador Jostein Bernhardsen of the Kingdom 
  of Norway in Ukraine, representing the Chairmanship of the Council of Europe, 
  for their co-operation and logistical support provided to the ad hoc Committee 
  and its pre-election mission.</font></p>
  <p align="justify"><b><font size="2">II.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Political and legal context</font></b></p>
  <p align="justify"><font size="2">10.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Ukraine is a presidential republic where the constitution grants strong powers 
  to the President. The 2004 elections are the fourth since Ukraine gained 
  independence in 1991. Despite a decision of the Constitutional Court that 
  grants him the right to run for a third five year term, the incumbent 
  President Leonid Kuchma decided not to seek re-election. These elections 
  therefore constitute a crucial opportunity for Ukraine to show that is capable 
  of organising a presidential succession in line with internationally accepted 
  democratic standards.</font></p>
  <p align="justify"><font size="2">11.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Despite the large number of candidates competing, the elections centred on the 
  two front running candidates: Prime Minister Mr Victor Yanukovych who was 
  supported by the incumbent President and the pro-government parties, and Mr 
  Victor Yushchenko, who was supported by the main opposition parties.</font></p>
  <p align="justify"><font size="2">12.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The Presidential Elections in Ukraine are governed by the Presidential 
  Election Law, which came in force on April 2004 and the Law on the Central 
  Election Commission (CEC) which was adopted in June 2004. The election law 
  stipulates that a candidate needs 50% plus 1 vote of the voter turnout to be 
  elected in the first round of elections. If none of the candidates passes this 
  threshold a second round will be organised three weeks after the first round 
  between the two candidates that secured most of the votes. In the second round 
  simple majority is required to win the elections.</font></p>
  <p align="justify"><font size="2">13.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  If implemented balanced and impartially the election law does, despite several 
  shortcomings, provide an adequate framework to organise elections. The ad hoc 
  Committee regretted however that the law was often implemented restrictively 
  and partially by the courts and election administration, therewith diminishing 
  its effectiveness. The complexity of some of the provisions in the law, as 
  noted by the advisor from the Venice Commission to the ad hoc Committee, and 
  the absence of sufficient detail in other provisions, may have contributed to 
  the problems witnessed with its implementation.</font></p>
  <p align="justify"><font size="2">14.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  A serious shortcoming of the election law is that it does not require the CEC 
  to publish the individual Territorial Election Commission (TEC) results when 
  it publishes the aggregate national results, which would have greatly improved 
  the transparency of the election process. Moreover, certain legal provisions 
  and Supreme Court decisions give party nominated candidates advantages over 
  self nominated candidates, such as Mr Yushchenko, which is contradictory to 
  the democratic principle of non-discrimination between candidates.</font></p>
  <p align="justify"><font size="2">15.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The new election law contains an, albeit limited, number of improvements, such 
  as the right for international and party observers to obtain copies of the 
  Territorial Election Commission (TEC) and Precinct Election Commission (PEC) 
  protocols and the legal requirement for these protocols to be displayed 
  publicly, which enhances the transparency of the election process on the TEC 
  and PEC level.</font></p>
  <p align="justify"><font size="2">16.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The election law provides for out-of-country voting and stipulates that 
  polling stations can be created in diplomatic and consular offices of Ukraine 
  abroad and in military units located outside the territorial boundaries of 
  Ukraine. In total 113 polling stations were created abroad, however no clear 
  indications were given about the number of voters that are registered in these 
  polling stations. The later is especially of concern to the ad hoc committee 
  as the CEC, citing legal constraints, ruled that, contrary to the assurances 
  given to the pre-election mission by the Deputy Foreign Minister in charge of 
  the out-of-country voting, international observers can not observe the polling 
  process abroad as their accreditation is only valid <i>inside</i> Ukraine.</font></p>
  <p align="justify"><font size="2">17.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  A controversy broke out regarding the creation of exceptional polling stations 
  abroad. The law does provide that in exceptional situations a new polling 
  station can be created, including abroad, up till 23 October 2004. In its 
  resolution 415 the CEC ruled that exceptional polling stations can also be 
  created outside diplomatic and consular representations or military units 
  abroad, ostensibly in contravention of the law. On 23 October the CEC 
  considered the proposal for the creation of 420 exceptional polling stations 
  in the Russian Federation. On insistence of opposition MPs it turned out that 
  at least 379 of these polling stations did not meet the legal requirements for 
  their creation. After a heated debate, the CEC voted to create 41 exceptional 
  polling stations in the Russian Federation. This decision was later overturned 
  by the Supreme Court on 28 October. The ad hoc Committee can not but wonder 
  about the willingness of the CEC to consider such a large number of 
  exceptional polling stations abroad in apparent contradiction to the law and 
  its own legal obligations, which fuelled public tension and popular conspiracy 
  theories.</font></p>
  <p align="justify"><b><font size="2">III.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Election Administration</font></b></p>
  <p align="justify"><font size="2">18.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The election administration is conducted by a three-tiered structure 
  consisting of the Central Election Commission (CEC), 225 Territorial Election 
  Commissions (TECs) and approximately 33.100 Precinct Election Commissions (PECs). 
  The CEC is appointed by the Verkhovna Rada upon nomination by the President of 
  Ukraine. The TECs and PECs are exclusively based on candidate nominations with 
  each of the candidates having the right to nominate two members on each 
  commission. With 24 registered candidates this resulted in very large election 
  commissions making the decision taking process at times difficult and raising 
  concerns, fortunately later unfounded, about the possibility of some polling 
  stations not having the legally required quorum on Election Day.</font></p>
  <p align="justify"><font size="2">20.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The large size of the polling commissions led to staffing problems where 
  several candidates were not able to provide the required members to all 
  polling commissions or where members were appointed that did not seem to know 
  which candidate they represented. This, combined by the uneven distribution of 
  chairmanships among the candidates made that the requirement of balanced and 
  impartial polling station commissions in a number of cases was not met.</font></p>
  <p align="justify"><font size="2">21.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  In addition to the two members on the commissions each candidate could appoint 
  two observers to follow the work of the PECs and TECs. As a result an 
  extremely large number of up to 98 persons could be legally present in the 
  polling stations on Election Day, which led to overcrowding in a significant 
  number of polling stations although not to the extent initially feared.</font></p>
  <p align="justify"><font size="2">23.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The ad hoc Committee welcomes the transparent manner in which the CEC 
  conducted its work, but regrets that the CEC failed to take a proactive 
  approach in assuring a uniform application of the election law and in ensuring 
  the protection of electoral rights. Moreover, the ad hoc Committee is 
  concerned about reports and allegations of pressure being put on members of 
  PECs, mainly representatives of opposition candidates, to resign from polling 
  station commissions.</font></p>
  <p align="justify"><b><font size="2">IV.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Candidate and Voter Registration</font></b></p>
  <p align="justify"><font size="2">24.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Initially 26 candidates registered with the CEC, each of whom was required to 
  make a deposit of approximately &#128; 80.000 and 500.000 signatures to support 
  their nomination. One candidate withdrew and another failed to secure the 
  required number of signatures, therefore in total 24 candidates ran in these 
  elections, offering the voter a genuine choice on Election Day.</font></p>
  <p align="justify"><font size="2">25.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The large number of candidates lacked broad public recognition or a nation 
  wide party or campaign structure led to allegations that they were only 
  technical candidates nominated to increase the number of representatives of 
  one of the better known candidates on the election commissions. The ease with 
  which some of these candidates secured the required 500.000 signatures seemed 
  to support these allegations. Moreover, the law does not limit the number of 
  candidates an individual can sign for, technically allowing for the same group 
  of persons to nominate multiple candidates.</font></p>
  <p align="justify"><font size="2">26.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The quality of the voter lists continues to be problematic in Ukraine. No 
  system of central voter registration exists and voter lists are drawn up from 
  civil data provided by local government authorities. Despite the legal 
  requirement to the contrary, in many polling stations voter lists were 
  displayed late, giving voters only a limited amount of time to check for their 
  inclusion in the list or to correct their data. As a result the voter lists 
  were often incomplete, contained multiple entries and errors in the spelling 
  of names and addresses. The large number of errors and/or omissions noted by 
  observers challenged the principle of universality of the vote. </font></p>
  <p align="justify"><b><font size="2">V.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Pre-election period</font></b></p>
  <p align="justify"><font size="2">27.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The election campaign was dominated by the competition between the two front 
  runners Mr Yanukovych and Mr Yushchenko. Their rivalry took on a regional 
  dimension, dividing the country between the Ukrainian speaking West and 
  predominantly Russian speaking East, and increasingly polarised the political 
  discourse of the election campaign. </font></p>
  <p align="justify"><font size="2">28.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Government and election authorities failed to ensure conditions during the 
  pre-election period that allowed for fair and equal opportunities to all 
  candidates to convey their message to the public. Fundamental Freedoms, such 
  as the freedom of movement and the freedom of association were often infringed 
  upon. Law enforcement officers were reported to block the movement of 
  opposition candidates and their supporters to campaign events and the 
  disruption and obstruction of opposition campaign events by State authorities 
  were observed. A significant number of politically motivated violent incidents 
  were reported during the pre-election period. </font></p>
  <p align="justify"><font size="2">29.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Observers noted substantial abuse of administrative resources by state 
  authorities and administrative structures in favour of the incumbent Prime 
  Minister, or hindering the organisation of campaign activities of other 
  candidates.</font></p>
  <p align="justify"><font size="2">29.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The election campaign was characterised by the harassment of opposition 
  supporters and campaign activists. Moreover the ad hoc Committee is greatly 
  concerned by a large number of allegations, several of which were verified, of 
  pressure and intimidation on voters, students, election commission officials 
  and - State - employees to support the campaign of Mr Yanukovych, which is in 
  direct contravention of democratic principles and the commitments Ukraine took 
  upon itself when it joined the Council of Europe. Similar pressure was also 
  exerted on citizens to cease their political activity for opposition 
  candidates.</font></p>
  <p align="justify"><b><font size="2">VI.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Media</font></b></p>
  <p align="justify"><font size="2">30.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The electronic media failed to provide an unbiased, balanced and fair coverage 
  of the election campaign which would have allowed the electorate to make an 
  informed choice on Election Day. The main television channels failed to 
  provide equal airtime to the opposition candidates and if opposition 
  candidates were given coverage it was mostly negative in tone, in sharp 
  contrast to the coverage of the activities of the incumbent Prime Minister, 
  and Presidential candidate, which was overwhelmingly positive.</font></p>
  <p align="justify"><font size="2">31.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Only one private TV station with significant outreach, Channel 5, offered 
  favourable coverage of Mr Yushchenko, but experienced, and reported, a series 
  of administrative difficulties in reaching its audience such as the freezing 
  of its bank accounts by order of the Kyiv District Court, invalidation by the 
  Economic Court of Appeal of its license to broadcast in Kyiv and &#147;technical&#148; 
  difficulties in broadcasting its programmes in several regions.</font></p>
  <p align="justify"><font size="2">32.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The State-funded channel UT1 complied with its legal obligation to provide 
  free airtime to all candidates and the ad hoc Committee welcomed UT1&#146;s 
  initiative to broadcast regular debates between candidates, although their 
  significance was diminished by the regrettable decision of both front-running 
  candidates, Mr Yanukovych and Mr Yushchenko, not to participate. News coverage 
  on UT1 was unbalanced and biased with the channel openly promoting the 
  incumbent Prime Minister.</font></p>
  <p align="justify"><font size="2">33.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The ad hoc Committee is deeply concerned about the issuing of guidelines, the 
  so-called <i>temnyky</i>, to control the political content of the news 
  coverage on the main TV Channels, which raises questions about the Freedom of 
  Speech and the Freedom of the Media in Ukraine. On 28 October more than 40 
  journalists from the Inter, ICTV, Novy Kanal and NTN TV Channels issued a 
  statement condemning the censorship of their TV stations and 7 journalists 
  from the 1+1 TV&#146;s newsroom resigned for similar reasons.</font></p>
  <p align="justify"><font size="2">34.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The printed media offered a more diverse range of views, although almost all 
  favoured one candidate or the other in their coverage.</font></p>
  <p align="justify"><b><font size="2">V.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Election day -Vote count and tabulation</font></b></p>
  <p align="justify"><font size="2">35.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Despite the charged pre-election climate, the vote took place in a generally 
  calm and orderly manner, and no violent incidents were observed during 
  Election Day. Overcrowding in polling stations was a point of concern, but 
  overall the secrecy of the vote had improved in comparison to previous 
  elections. Fortunately, concerns that many polling stations would not open due 
  to a lack of quorum did not materialise. In contravention of the law police 
  officers were present inside a large number of polling stations without any 
  valid reason to be there, which could be perceived as an attempt to intimidate 
  voters.</font></p>
  <p align="justify"><font size="2">36.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The vote count in general was conducted in line with legal procedures. Tension 
  and lack of transparency was observed to be more evident during vote 
  tabulation on TEC level. </font></p>
  <p align="justify"><font size="2">37.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  With 94% of the votes counted the CEC announced that none of the candidates 
  would receive the 50% of the vote necessary to win the elections in the 
  Second. The CEC therefore indicated that a second round of elections would be 
  organised on 21 November 2004 between Mr Yanukovych and Mr Yushchenko who, 
  again with 94% of the votes counted had secured 40.12 % and 39.15 % of the 
  vote respectively.</font></p>
  <p align="justify"><b><font size="2">V.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Conclusions and recommendations</font></b></p>
  <p align="justify"><font size="2">38.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The first round of the Presidential Elections in Ukraine did not meet a 
  significant number of internationally accepted democratic standards and did 
  not constitute a step forwards in comparison to the 2002 Parliamentary 
  Elections. Ukraine now has only the second round to show that it is willing 
  and capable of organising truly democratic elections in line with the 
  commitments it took upon itself when joining the Council of Europe. Failure to 
  do so will clearly hurt its credibility as a member of the Council of Europe.</font></p>
  <p align="justify"><font size="2">39.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  In order to ensure that voters can make an informed choice on Election Day, 
  both candidates in the second round should be encouraged to participate in 
  televised debates and all media should offer fair, equal and unbiased access 
  to, and coverage of, both candidates competing in the second round. The 
  Ukrainian authorities bear special responsibility to the compliance of the 
  State-funded media in this respect.</font></p>
  <p align="justify"><font size="2">40.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Pressure on, and intimidation of, voters, election officials and campaign 
  activists have no place in a democratic society. The Ukrainian authorities and 
  the two presidential candidates should ensure that the second round and its 
  electoral campaign take place in full compliance with the Election Law of 
  Ukraine and international commitments and democratic standards. Any 
  irregularities noted during both rounds should be duly addressed by the 
  authorities and where violations of the law are found perpetrators should be 
  prosecuted to the full extent of the law. There can be no impunity in this 
  respect.</font></p>
  <p align="justify"><font size="2">41.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The ad hoc Committee will issue a full set of recommendations to the Ukrainian 
  authorities in its report on the second round of the Presidential Elections in 
  Ukraine which will be discussed during the January 2005 part-session.</font></p>
  <p align="center"><b><font size="2">APPENDIX I</font></b></p>
  <p align="justify"><font size="2">AS/BUR/UKR (2004) 5 rev 1</font></p>
  <p align="justify"><font size="2">20 October 2004</font></p>
  <p align="justify"><b><font size="2">Ad Hoc Committee for the observation of 
  the Presidential Election in Ukraine<br>
  (31 October 2004)</font></b></p>
  <p align="justify"><b><font size="2">DRAFT PROGRAMME</font></b></p>
  <p align="justify"><b><font size="2">Thursday, 28 October 2004</font></b></p>
  <blockquote>
    <p align="justify"><font size="2">Arrival of the members of the ad hoc 
    Committee</font></p>
    <p align="justify"><font size="2">All members will be met at the airport and 
    provided with transport to their hotel.</font></p>
    <table border="0" cellspacing="0" cellpadding="0" width="451">
      <tr>
        <td width="240" valign="top">
        <p align="justify"><span lang="NL"><font size="2">DNIPRO Hotel<br>
        1/2&nbsp; Kreschatik Str.<br>
        Kyiv, 01001<br>
        Ukraine<br>
        Tel: + 380 44&nbsp;291 8450<br>
        Fax: + 380 44&nbsp;229 8213</font></span></td>
        <td width="211" valign="top">
        <p align="justify"><span lang="EN-GB"><font size="2">President Hotel</font></span><font size="2"><br>
        12, Hospitalna St.,<br>
        Kyiv, 01023 <br>
        Ukraine<br>
        Tel: + 380 44 220 41 44 <br>
        Fax + 380 44 220 45 68</font></td>
      </tr>
    </table>
  </blockquote>
  <p align="justify"><b><font size="2">Friday, 29 October 2004</font></b></p>
  <blockquote>
    <p align="justify"><font size="2">Arrivals, Continued</font></p>
    <p align="justify"><i><font size="2">President Hotel</font></i></p>
    <p align="justify"><i><font size="2">For those members staying at the Dnipro 
    Hotel: departure by bus at 13:30</font></i></p>
    <p align="justify"><font size="2">14:00&nbsp;&nbsp;&nbsp; Ad Hoc Committee 
    Meeting</font></p>
    <p align="justify"><i><font size="2">Joint Briefing Programme</font></i></p>
    <p align="justify"><font size="2">14:30&nbsp;&nbsp;&nbsp; Opening remarks of 
    the Heads of Delegation of PACE, OSCE-PA, EP and NATO-PA</font></p>
    <p align="justify"><font size="2">14:45&nbsp;&nbsp;&nbsp; Briefings by ODIHR 
    Election Observation Mission</font></p>
    <p align="justify"><font size="2">15:45&nbsp;&nbsp;&nbsp; Briefings by 
    Ambassadors representing the countries that are holding the Chair of the 
    organisations in the IEOM</font></p>
    <p align="justify"><font size="2">17:15&nbsp;&nbsp;&nbsp; Meeting with the 
    Chairman of the Central Election Commission</font></p>
    <p align="justify"><font size="2">18:15&nbsp;&nbsp;&nbsp; Meeting Mass Media 
    representatives</font></p>
  </blockquote>
  <p align="justify"><b><font size="2">Saturday, 30 October 2004</font></b></p>
  <blockquote>
    <p align="justify"><i><font size="2">President Hotel</font></i></p>
    <p align="justify"><i><font size="2">For those members staying at the Dnipro 
    Hotel: departure by bus at 08:30</font></i></p>
    <p align="justify"><font size="2">09:00&nbsp;&nbsp;&nbsp; Meeting with the 
    representative of Mr Yanukovich, candidate for the Presidency of Ukraine</font></p>
    <p align="justify"><font size="2">10:00&nbsp;&nbsp;&nbsp; Meeting with the 
    representative of Mr Yushenko, candidate for the Presidency of Ukraine</font></p>
    <p align="justify"><font size="2">11:15&nbsp;&nbsp;&nbsp; Meeting with Mr 
    Moroz, candidate for the Presidency of Ukraine</font></p>
    <p align="justify"><font size="2">12:00&nbsp;&nbsp;&nbsp; Meeting with the 
    representative of Mr Simonenko, candidate for the Presidency of Ukraine</font></p>
    <p align="justify"><font size="2">12:45&nbsp;&nbsp;&nbsp; Meeting with the 
    Chairman of the Supreme Court of Ukraine</font></p>
    <p align="justify"><font size="2">13:30&nbsp;&nbsp;&nbsp; Meeting with 
    Drivers and Interpreters</font></p>
    <p align="justify"><font size="2">Afternoon:</font></p>
    <p align="justify"><font size="2">Deployment of the members that are 
    observing the elections outside Kyiv</font></p>
  </blockquote>
  <p align="justify"><b><font size="2">Sunday, 31 October 2004</font></b></p>
  <blockquote>
    <p align="justify"><b><font size="2">Observation of the Presidential 
    Election</font></b></p>
  </blockquote>
  <p align="justify"><b><font size="2">Monday, 01 November 2004</font></b></p>
  <blockquote>
    <p align="justify"><i><font size="2">President Hotel</font></i></p>
    <p align="justify"><i><font size="2">For those members staying at the Dnipro 
    Hotel: departure by bus at 07:35</font></i></p>
    <p align="justify"><font size="2">08h00&nbsp;&nbsp; Ad hoc Committee meeting</font></p>
    <p align="justify"><font size="2">08h30&nbsp;&nbsp; Joint debriefing</font></p>
    <p align="justify"><font size="2">13h00 &nbsp;Press Conference (TBC)</font></p>
    <p align="justify"><font size="2">Afternoon:</font></p>
    <p align="justify"><font size="2">Departure of the members of the ad hoc 
    Committee</font></p>
  </blockquote>
  <p align="justify"><b><font size="2">Tuesday, 02 November 2004</font></b></p>
  <blockquote>
    <p align="justify"><font size="2">Departure of the members of the ad hoc 
    Committee continued.</font></p>
  </blockquote>
  <p align="center"><b><font size="2">APPENDIX II</font></b></p>
  <p align="justify"><b><font size="2">PRESS RELEASE</font></b></p>
  <p align="justify"><b><font size="2">PACE delegation expects &#145;corrective 
  action&#146; in time for Ukraine election</font></b></p>
  <p align="justify"><font size="2">Kyiv, 29.09.2004 &#150; A five-member cross-party 
  pre-election delegation of the Parliamentary Assembly of the Council of Europe 
  (PACE)* visited Ukraine from 26 to 29 September to assess the political 
  situation in the country in the run-up to the 31 October presidential election 
  as well as the state of preparedness of Ukraine&#146;s institutions for the conduct 
  of the vote. It issued the following statement:</font></p>
  <p align="justify"><font size="2">&#147;The delegation had an extensive and 
  intensive programme of meetings with presidential candidates and their 
  representatives, the Speaker of the Rada, top electoral officials, 
  Chairpersons of the Constitutional and Supreme Courts, as well as a 
  representative cross-section of civil society and the media. The delegation 
  met with the Prime Minister, who is also running for the Presidency, and had a 
  useful exchange of views with the diplomatic corps and the OSCE ODIHR 
  long-term election observation mission.</font></p>
  <p align="justify"><font size="2">&#145;We are here to listen, analyse and assess,&#146; 
  said Doros Christodoulides, leader of the delegation. &#145;Our goal is to see what 
  PACE can do to promote Ukraine&#146;s further advancement on the road to 
  democracy.&#146;</font></p>
  <p align="justify"><font size="2">The delegation has received extensive 
  information indicating that the upcoming presidential election may be 
  conducted in a manner not meeting Council of Europe standards. Mindful of the
  <a href="https://assembly.coe.int/Main.asp?link=http://assembly.coe.int/press/CP04/431a(04).htm">
  statement dated 15 September</a> by the PACE Monitoring Committee on the 
  forthcoming Presidential election in Ukraine, the delegation will make 
  proposals to the PACE bodies concerned and expects that corrective action will 
  be taken in Ukraine in time for the election.&#148;</font></p>
  <p align="justify"><font size="2">The PACE will send a full-size election 
  observation mission to Ukraine at the end of October that will observe the 
  upcoming election in co-operation with its partners from the OSCE PA and other 
  like-minded institutions.</font></p>
  <p align="justify"><font size="2">----------------</font></p>
  <p align="justify"><font size="2">*Members of the delegation</font></p>
  <p align="justify"><font size="2">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Doros CHRISTODOULIDES (UEL/Cyprus) &#150; Leader of the Delegation<br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Abdulkadir ATES (SOC/Turkey)<br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Christos POURGOURIDES&nbsp; (EPP-DC/ Cyprus)<br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Hanne SEVERINSEN&nbsp;&nbsp; (LDR/Denmark)<br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Andr� KVAKKESTAD (EDG/ Norway)</font></p>
  <p align="center"><b><font size="2">APPENDIX III</font></b></p>
  <table border="1" cellpadding="0" cellspacing="0" style="border-collapse: collapse" bordercolor="#FFFFFF" id="AutoNumber3">
    <tr>
      <td width="170" height="105" valign="top">
    <span lang="EN-GB">
  
      <font size="2"><img src="Pictures/EDOC10369a.jpg" WIDTH="170" HEIGHT="68"></font></span><p>&nbsp;</td>
      <td width="87" height="105" valign="top">
    <span lang="EN-GB">
  
      <font size="2"><img src="Pictures/EDOC10369b.jpg" WIDTH="84" HEIGHT="74"></font></span></td>
      <td height="105" valign="top">
    <span lang="EN-GB">
  
      <font size="2"><img src="Pictures/EDOC10369c.gif" WIDTH="84" HEIGHT="67"></font></span></td>
      <td width="146" height="105" valign="top">
    <span lang="EN-GB">
  
      <font size="2"><img src="Pictures/EDOC10369d.jpg" WIDTH="144" HEIGHT="53"></font></span></td>
      <td width="158" height="105" valign="top"><font size="2">
    <span lang="EN-GB">
  
      <img src="Pictures/EDOC10369e.jpg" WIDTH="132" HEIGHT="51"></span></font><p align="right">
      <span lang="FR"><font size="1">NATO Parliamentary Assembly<br>
      Assembl�e parlementaire de l&#146;OTAN</font></span></td>
    </tr>
  </table>
  <p align="justify"><b><font size="2">Widespread campaign irregularities 
  observed in Ukrainian presidential election</font></b></p>
  <p align="justify"><font size="2">Kyiv, 01.11.2004 - The first round of voting 
  in the 31 October presidential election in Ukraine did not meet a considerable 
  number of OSCE, Council of Europe and other European standards for democratic 
  elections, concluded the International Election Observation Mission in a 
  preliminary statement released today. Nevertheless, the very high 
  participation of the electorate and civil society in the election process show 
  encouraging signs for the evolution of Ukrainian democracy.</font></p>
  <p align="justify"><font size="2">The mission included some 600 observers from 
  the OSCE&#146;s Office for Democratic Institutions and Human Rights (OSCE/ODIHR), 
  the OSCE Parliamentary Assembly, the Parliamentary Assembly of the Council of 
  Europe, the European Parliament, and the NATO Parliamentary Assembly. It 
  reported a number of concerns about the electoral process, including bias by 
  the State media, interference by the State administration in favour of Prime 
  Minister Viktor Yanukovych, the disruption or obstruction of opposition 
  campaign events by the State authorities, and inadequacies in the Central 
  Election Commission&#146;s handling of complaints. </font></p>
  <p align="justify"><font size="2">&#147;With a heavy heart, we have to conclude 
  that this election did not meet a considerable number of OSCE, Council of 
  Europe, and other European standards for democratic elections,&#148; said Bruce 
  George, President <i>emeritus</i> of the OSCE Parliamentary Assembly and the 
  Special Co-ordinator for the short-term observers. &#147;Consequently, this 
  election process constitutes a step backward from the 2002 elections.&#148;</font></p>
  <p align="justify"><font size="2">&#147;Although we are grateful to the Ukrainian 
  authorities for their co-operation during our mission, we regret that they did 
  not create equal campaign conditions. The election also came up short on other 
  counts, such as the failure to allow Ukrainian civil society to directly 
  observe the process,&#148; said Ambassador Geert-Hinrich Ahrens, Head of the OSCE/ODIHR&#146;s 
  long-term observation mission. &#147;We will remain in the country, and we call on 
  the authorities, including the Central Election Commission, to address 
  existing deficiencies prior to the second round.&#148;</font></p>
  <p align="justify"><font size="2">The Head of the delegation from the 
  Parliamentary Assembly of the Council of Europe, Doros Christodoulides, said: 
  &#147;Ukraine now has three weeks to show that it is willing to organise democratic 
  elections in accordance with its commitments. The authorities should ensure 
  that both candidates have equal access to, and unbiased coverage by, the 
  media. Both the authorities and political forces should refrain from any undue 
  interference in the electoral process and fully respect the provisions of the 
  electoral law and international standards and should prosecute to the full 
  extent of the law any violations committed during the first round.&#148;</font></p>
  <p align="justify"><font size="2">&#147;The elections represent a significant test 
  for democracy in the country, and we welcome the high participation of voters 
  on polling day. The conclusions of this report must be taken on board in order 
  to ensure that the second round is free, fair, and transparent and that the 
  people of Ukraine can elect the President of their choice,&#148; said Marek Maciej 
  Siwiec, Head of the delegation from the European Parliament. &#147;The European 
  Parliament stands ready to co-operate with the next President of Ukraine and 
  looks forward to fruitful dialogue as part of the European Neighbourhood 
  Policy and the agreed Action Plan.&#148;</font></p>
  <p align="justify"><font size="2">&#147;We stand by the findings of the long-term 
  observation mission and those of the short-term observers deployed on election 
  day,&#148; said Jane Cordy, Head of the NATO Parliamentary Assembly delegation. &#147;A 
  true democracy thrives on the freedom of its citizens to express a plurality 
  of opinions and ultimately to express their will in the election of their 
  representatives. The irregularities observed in the election are a 
  disappointment for the international community, and, above all, they must be a 
  disappointment for the Ukrainian people, especially for those we saw working 
  so hard on election day itself.&#148;</font></p>
  <p align="justify"><font size="2">A final report will be released four to six 
  weeks after the completion of the electoral process.</font></p>
    <p align="justify">&nbsp;</p>
  </span>
  
  </blockquote>
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