Doc. 9169
4 July 2001

Lack of efficient legal protection in Ukraine (intimidation of Mr Yeliashkevich, member of parliament)

Motion for a resolution

presented by Mr Eörsi and others

This motion has not been discussed in the Assembly and commits only

the members who have signed it

1.       The Assembly is concerned that intimidation against members of the Verkhovna Rada have taken place in Ukraine. Mr Oleksandr Yeliashkevich, Deputy Chairman of the Financial Committee of the Rada and member of parliament since 1994, was assaulted on the evening of 9 February 2000 and suffered serious injuries. He suspects that this incident happened for political motives, as he suggested a special investigation in the Rada into the circumstances of the last presidential elections.

2.       During the last one year and a half, Ukrainian law enforcement agencies have failed to take any steps to elucidate this crime, and they intentionally misinformed the public on the nature of the member of parliament's injuries. Mr Yeliashkevich’s attempt to resolve the issue by lodging complaints on the basis of the criminal code of Ukraine with regard to the encroachment on the life and health of a member of parliament has been repeatedly refused.

3.       The Assembly, referring to its Resolution 1244 (2001), in which, inter alia, it urged “the Ukrainian authorities, notably the President, to put an end to the practice of intimidation and repression of opposition politicians” reiterates its concern as regards the independence of the judiciary in Ukraine.

4.       Bearing in mind the above, the Assembly:

-       calls on the Ukrainian authorities to initiate a special investigation into this matter;

-       urges these authorities to make further efforts in strengthening the rule of law in that country;

-       instructs its Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) to follow closely the evolution of this problem.

Signed : 1

Eörsi, Hungary, LDR

Besostri, Italy, SOC

Coifan, Romania, LDR

Fehr, Switzerland, LDR

Hancock, United Kingdom, LDR

Kelemen A, Romania, EPP/CD

Korkeaoja, Finland, LDR

Kresák, Slovakia, LDR

Puche, Spain, EPP/CD

Truu, Estonia, EDG

Zapfl-Helbling, Switzerland, EPP/CD

1        SOC: Socialist Group