Mykola Siryi: several options exist in Tymoshenko case

10:18, 18 October 2013
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Lawyer Mykola Siryi has suggested that the best and quickest option to resolving the case of former Prime Minister Yulia Tymoshenko is to amend the Criminal Code of Ukraine and decriminalize the articles under which she was convicted, according to the Official web site of Yulia Tymoshenko.

"There are a limited number of options: three realistic and one hypothetical. As for the hypothetical one – as history as shown, revolutions very often free prisoners. But association with Europe means not only a path to civilized values, but also a rejection of revolution, which means the hypothetical is taken off the agenda," Mykola Siryi wrote in his article "Tymoshenko case and myths about the president that decides everything".

Yulia Tymoshenko’s lawyer offered three realistic options for freeing his client – judicial review of her conviction, a pardon, and amending the article of the criminal law on abuse of power. "The best, most constructive and quickest is the latter. Amending the infamous article 365 of the criminal law in line with the requirements of a democratic society doesn’t mean changing it for one person, it’s a solid political and legislative step for this and future generations, particularly the ruling government – as a guarantee. The government will change at some point," he said.

Mykola Siryi said a judicial review of the verdict is the longest process. "Right now, the president’s people made sure the request for judicial review was rejected twice. There is a solution, of course – legally changing the procedure for access to justice in the Supreme Court and bringing the powers of the highest court in line with the Constitution," the lawyer explained.

"The third is a pardon. It’s a touchy issue. On the one hand a pardon is not possible if half the length of the sentence has not been served and a personal request for a pardon. And on the other hand, the president’s right to a pardon is absolute. But if you want to go to extremes, only an absolute monarch has absolute rights, but the president of a modern democratic state only has the right to pardon in exceptional cases. Are there exception circumstances for a pardon in the case of Yulia Tymoshenko? Yes, there are more than enough, and they should be the subject of public dialogue," the lawyer underscored.

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