by Yulia Tymoshenko (see original post)
I am forced to ask you to come to the Ukrzaliznytsia hospital in Kharkiv on Sunday, April 7, 2013.
I ask that you be present while the staff of the Kachanivska prison again forges a statement of my alleged “unwillingness” to go to court in Kyiv because only your presence can help stop the avalanche of false information.
I hope the prison management will let you in to see me and won’t interfere in your professional duties to record what will take place in the Ukrzaliznytsia hospital room before the questioning of the next witness in the Shcherban case.
If this happens, you will see that the video the regime has released has been edited and doesn’t reflect my position.
I want to again explain the difference in my attitude towards participation in the court proceedings in Kharkiv and Kyiv.
Let me remind you that in the fabricated case being heard by the Kyivsky District Court of Kharkiv I am charged with a number of imaginary “crimes” involving VAT refunds related to the activities of UESU at a time when I wasn’t even working in the corporation but was a member of parliament.
These charges from the 1990s were politically motivated – revenge for my opposition activities and participation in the Ukraine Without Kuchma movement.
The Prosecutor General’s Office and courts have repeatedly recognized the absurdity of these charges, and more than 50 judges of both chambers of the Supreme Court closed the case on 11 November 2005.
Given the Supreme Court decision in the UESU case it’s clear that it was reopened illegally, in gross violation of paragraph 7 of Protocol №7 of the European Convention on Human Rights and Article 61 of the Constitution of Ukraine regarding the permanence of court decisions. It should therefore be closed immediately and not subject to further review.
At the court hearing in the Kyivsky District Court of Kharkiv on 22 March 2013, my defenders voiced my motion regarding the review of this case in my absence and the need to close it immediately. I am still a patient in Central Clinical Hospital № 5 and don’t see any reason to do irreparable harm to my health during the transport and participation in the hearing of this absurd case in the Kyivsky District Court of Kharkiv.
The severity of my health problems, according to Article 249 of the CPC of Ukraine (1960), don’t allow me to be present at the hearing scheduled for 12 April 2013.
However, given the severity of the charges that Yanukovych’s regime has fabricated in the other politically motivated case – the Shcherban case – I continue to demand that I be personally present in court for the questioning of all witnesses. In spite of the critical state of my health and hospital treatment, I again stress that I am willing to be transported to Kyiv.
The regime is trying to illegally and without evidence give me a life sentence in the bogus Shcherban case. At the insistence of the PGO, using my status as a patient in Kharkiv hospital CCH № 5, violating Article 225 of the CPC of Ukraine (2012), based on acts forged by the Kachaniska prison management regarding my alleged “unwillingness” to go to the Kyiv court, they continue to question witnesses in my absence.
In response to the fabricated act of my “refusal”, the false evidence given by alleged “witnesses” based on the words of third-fourth-fifth parties or the deceased, there should be my word, because I plan to prove the absurdity of the government’s fictitious charges of my complicity in this serious crime despite my health problems.
I hope that you, dear journalists, will be at the Ukrzaliznytsia hospital on Sunday while the prison administration is drawing up the so-called “refusal” act and can present my position.
The truth about my relationship to the Shcherban case is important not only for me, but for all of society.
5 April 2013