Recently, there have been concerns about the rule of law vs selective justice in Ukraine. Umbrella organizations of Ukrainians worldwide, as well as in Canada, the United States and Australia, issued statements on this important topic. We publish them below, using the heading each organization provided. (We refer readers to our editorial on this topic that appeared in the June 28/July 5 issue.)
Ukrainian World Congress, June 18:
Warning President Zelenskyy against selective justice
On June 18, UWC President Paul Grod addressed Ukraine’s President Volodymyr Zelensky with a letter emphasizing the importance to uphold the rule of law and underlining the threats of selective justice. In particular, the letter highlighted the fact that manipulating the judicial system by political processes will have a negative impact on the international community and on foreign investors.
UWC consistently monitors the processes potentially damaging to democracy and transparency in Ukraine, and insists that political justice and pressure on the judiciary are unacceptable.
The rule of law is key to further establish the international image of Ukraine as a democratic state. The rule of law is key to maintain trust and support from the main partners and friends of Ukraine. All investigations must fully comply with the norms of the existing legislation, and not be led by political decisions.
There is a growing concern among the international political community, as well as among foreign investors, over the lack of independence in justice system and over corruptibility of justices.
“No one is above the law. But selective justice today threatens Ukraine’s future and undermines the very foundations of the democratic and lawful society: those of the equality before the law, the presumption of innocence, the right to a fair trial. Ruining of these principles may lead to an explosive reaction of the society in Ukraine, as well as to the loss of credibility with foreign partners and investors,” stated Paul Grod, UWC president. “We call on the Ukrainian authorities to implement immediate reforms in the judicial and criminal justice systems to European standards, with the oversight of international partners.”
Ukrainian Canadian Congress, June 18:
Statement on the rule of law in Ukraine
The Ukrainian Canadian Congress is committed to supporting a strong, united and prosperous Ukraine.
Recent charges against former President Petro Poroshenko, who is accused of a crime for exercising his Constitutional prerogative as President, give cause for concern. In other cases before the courts we have seen the administration violating the presumption of innocence, depriving these individuals of due process.
The presumption of innocence, fair process and a justice system free of political interference are in danger of being violated.
Ukraine cannot afford to undermine the principles of the Revolution of Dignity by targeting political opponents with legal persecution and reappointing officials who served in the corrupt Yanukovych administration. Doing so will undermine Western support for Ukraine.
It is essential that Ukraine complete the process of judicial reform. Ukraine must make significant progress to ensure that the prosecutorial and judicial branches remain free from political interference and manipulation.
As we have seen from the examples of the Ukrainian Supreme Court and High Anti-Corruption Court, judicial reform is possible. Using the holdovers in lower courts for partisan advantage sets back the cause of fairness that Canada and Canadians have so actively supported.
Only then will we see a truly free, democratic and prosperous Ukraine. Ukrainians deserve this.
Ukrainian Congress Committee of America, June 19:
Response to political persecutions in Ukraine
The Ukrainian Congress Committee of America (UCCA), the largest grassroots representation of Americans of Ukrainian descent, is deeply alarmed by the recent signs of selective justice in Ukraine, and is compelled to condemn attempts by the Ukrainian government to pursue politically motivated cases against former government officials and leaders of Ukraine’s civic society – including their expressed desire to detain former President Petro Poroshenko before a political show trial.
In July 2019, the UCCA stood with the G-7 ambassadors of Canada, France, Germany, Italy, Japan, the United Kingdom and the United States in reminding President [Volodymyr] Zelenskyy that the lustration laws which took effect following the Revolution of Dignity were necessitated by the historic nature of President [Viktor] Yanukovych’s high crimes and dereliction of duty. In sharp contrast to that lawless era, the government officials and civic leaders targeted today by President Zelenskyy’s political appointees instead presided over a historic rebirth of Ukraine’s national defense structure, and turned around what was a contracting economy following Russia’s invasion. Instead of leaving the country vulnerable to further invasion by Russia, Ukraine’s former leaders succeeded in convincing the United States to provide Ukraine with lethal defensive weapons, and rebuilt both the Ukrainian Armed Forces as well as a formidable, homegrown armaments industry.
While lustration of the Yanukovych government was one of the demands of the Euromaidan demonstrators in 2013-2014, today’s Ukraine needs to focus on moving the country forward and fighting the enemy at the gate, not tearing the country apart with political infighting or airing of personal grievances.
The UCCA reminds Ukraine’s leaders that selective, politically motivated justice can irreparably damage to Ukraine’s image with the international community. Instead of destroying Ukraine’s credibility among its global partners, Ukraine’s leadership should refrain from any attempts to politicize the rule of law.
Australian Federation of Ukrainian Organizations, June 20:
Rule of law in Ukraine must be upheld and defended
Due to recent events in Ukraine, there is growing concern among the international political community, as well as foreign investors, over the lack of independence in the justice system and over corruptibility of justices.
The laws are there to protect all citizens. The same principles apply in Australia and in any other democratic country.
Any abuse of the law, using it for political gain or for political repression, is abhorrent and cannot be tolerated.
Recent examples of political reprisals against activists of the Revolution of Dignity and the leadership of the previous government – whether in the form of false charges, investigations or interrogations – has weakened Ukraine’s position internally and externally.
Abuse of the legal system leads to a lack of confidence in the president and the government. It leads to civil unrest.
Ukraine does not need this today. Ukrainians have fought too hard and too long to secure democracy and all that goes with it.
The president of Ukraine in his election commitments, committed to reforms, to the rule of law and to no political reprisals.
Guarantees have been made to the international community, to the International Monetary Fund and others that there is true law and order.
The confidence of Ukraine’s international partners, that Ukraine is against Russian aggression and is committed to building a stronger Ukraine, can be eroded very quickly because of political reprisals.
The president of Ukraine is charged with the responsibility of being the guarantor of the Constitution and in this he must defend the rights and freedoms of Ukrainian citizens.
It is time to stop the rot and focus on the real issues: fighting Russian aggression, calling on stronger sanctions by the international community against Russia, building Ukraine’s positive image and building a strong economy and honest society.
The current situation of playing with the law is a distraction and only plays into Russia’s hands.
If there are to be court cases and charges, they should be laid against those in Ukraine who are conspiring with Russia, who are dragging Ukraine to [Vladimir] Putin and diminishing its identity.
They are the culprits that need to feel the full brunt of the law for anti-Ukrainian propaganda and activity. That will give Ukrainian society and the international community confidence.
The Australian Federation of Ukrainian Organizations stands by the principles of honest and transparent rule of law – and this must be defended.
The price is too dear to say and do nothing.
– Stefan Romaniw, co-chair, AFUO