Doc. 10653 rev.

10 August 2005

Investigation of crimes allegedly committed by high officials during the Kuchma rule in Ukraine

Motion for a resolution

presented by Mrs Leutheusser-Schnarrenberger and others

1.       The 10-year rule of ex-President of Ukraine Mr Kuchma was marred by numerous allegations of high-level corruption and bribery, persecution of journalists critical of the regime, such as Georgiy Gongadze, and of political opponents. Massive election fraud during the 2004 presidential elections triggered popular protests ultimately carrying a new leadership to power.

2.       The Assembly notes with approval that the new leadership of Ukraine has pledged to investigate the alleged crimes of the Kuchma regime. Whilst some progress has been made in the Gongadze case, including the arrest of several persons suspected of being the direct perpetrators of the crime, further investigations to identify those who ordered and organized the crime are needed.

3.       No progress was achieved in other high-profile cases, examined inter alia by the Verkhovna Rada's (Ukrainian Parliament's) ad hoc Commission of Inquiry, despite allegations that the recordings of conversations of ex-President Kuchma, purportedly made by Major Mykola Melnychenko, may provide useful evidence. This concerns, beside the Gongadze case, in particular the attempt on the life of a former member of the Verkhovna Rada, Mr Oleksandr Yeliashkevych, and the assault on Mr Oleksiy Podolsdiy, an assistant to a member of parliament. The so-called Melnychenko recordings allegedly document these and other cases of corruption and abuse of power.

4.       In its Resolutions 1239 (2001), 1262 (2001), 1346 (2003), the Assembly had urged the Ukrainian authorities to conduct an independent examination of the Melnychenko recordings, and to launch a new investigation into the case of Mr Yeliashkevych.

5.       The Assembly recalls its earlier resolutions and urges the competent Ukrainian authorities to use all evidentiary means at their disposal to solve, in particular, the cases of Yeliashkevych and Podolskiy.

Signed (see overleaf)

Signed ¹:

LEUTHEUSSER-SCHNARRENBERGER, Sabine, Germany, ALDE

ATKINSON, David, United Kingdom, EDG

BİLGEHAN, Gülsün, Turkey, SOC

BREEN, Patrick, Ireland, EPP/CD

ČEKUOLIS, Jonas, Lithuania, ALDE

ELO, Mikko, Finland, SOC

GROSS, Andreas, Switzerland, SOC

HERKEL, Andres, Estonia, EPP/CD

KVAKKESTAD, André, Norway, EDG

MARTY, Dick, Switzerland, ALDE

ÖZAL, İbrahim, Turkey, EPP/CD

POURGOURIDES, Christos, Cyprus, EPP/CD

SASI, Kimmo, Finland, EPP/CD

SEVERINSEN, Hanne, Denmark, ALDE

TEVDORADZE, Elene, Georgia, ALDE

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      ALDE: Alliance of Liberals and Democrats for Europe

      EDG: European Democratic Group

      UEL: Group of the Unified European Left

      NR: not registered in a group