Lazarenko, still under investigation, portrays himself as wronged party (01/03/99)

Lazarenko, still under investigation, portrays himself as wronged party

by Vasyl Zorya
Special to The Ukrainian Weekly

KYIV - National Deputy of Ukraine Pavlo Lazarenko, who was released on $3 million bail by Swiss authorities and returned to Ukraine on December 21, has just begun his relationship with criminal investigators of the two countries.

Speaking at a press conference in Kyiv on December 22, Mr. Lazarenko said he had become convinced of the objectivity of Swiss justice. Of the 21 charges filed against him in a Geneva court, the former prime minister of Ukraine said 19 were dropped after presentations by his lawyers.

At the same time, however, Mr. Lazarenko said he does not trust officials of the Ukrainian judicial system and is demanding the appointment of an independent prosecutor to lead the investigation into his case in Ukraine.

Ukraine's Procurator General Mykhailo Potebenko has asked the Verkhovna Rada to remove Mr. Lazarenko's immunity as a national deputy, which would pave the way for the arrest of the Hromada Party leader and the institution of criminal proceedings against him.

At a press conference on December 21, the procurator general claimed he has evidence on direct connections between Mr. Lazarenko and the theft of more than $2 million (U.S.) from Ukraine's state budget. He added that he is certain further abuses will be uncovered by criminal investigators.

At the Verkhovna Rada the next day, Mr. Lazarenko presented his version of what has happened. He described his short-term arrest following a decision by a Swiss court as a personal humiliation orchestrated by the executive branch of power in Ukraine.

The real reason behind this scandal, Mr. Lazarenko stated, can be found in Ukrainian officials' attempts to discredit him before the 1999 presidential elections or, failing that, to physically destroy him before the elections. "Lazarenko is not needed on the eve of the presidential elections," he said.

The Hromada leader warned his political opponents, "There won't be any winners in this war."

"Lazarenko, unfortunately, is not an angel; that is the truth. But all this does not in any way compare to the circles surrounding today's president," he stated. That is why Mr. Lazarenko said he is asking the Verkhovna Rada to pass a bill appointing an independent prosecutor; a draft proposal to that effect has already been prepared by his lawyers. Mr. Lazarenko also said he isn't going to leave Ukraine under any circumstances.

For a year and a half, the Office of the Prosecutor General of Ukraine has been investigating the activities of the former prime minister. However, no charges could be brought against Mr. Lazarenko because of his deputy's immunity. The prosecutors have had the support and encouragement of the presidential administration and the Cabinet of Ministers of Ukraine.

At present, Ukrainian investigators accuse Mr. Lazarenko of abuse of power during his tenure as prime minister, opening accounts in banks outside of Ukraine and illegally depositing 4.4 million Swiss francs and more than $1 million U.S. If found guilty Mr. Lazarenko could face 15 years of imprisonment.

The definitive decision in this situation is the Ukrainian Parliament's. However, political observers say the Verkhovna Rada is unlikely to grant the procurator general's requests in the Lazarenko case. All the members of Parliament enjoy immunity from prosecution and many have kept their mandates because of solidarity within the Verkhovna Rada. Stripping one national deputy of immunity could also mean the beginning of a long-term procedure whereby an amendment to the Ukrainian Constitution is submitted for the deputies' consideration.

But, if even a vote on the immunity issue does take place, that Mr. Lazarenko would face prosecution is far from certain. Pro-presidential deputies would support the institution of criminal proceedings against Mr. Lazarenko, but Hromada deputies would definitely protest. Thus, the deciding votes may belong to Communists. The former prime minister, it should be noted, has repeatedly demonstrated his sympathy with voters of the left.

In his public statements Mr. Lazarenko continues to underline that he is ready at any given time to voluntarily decline his deputy's immunity, but with one condition: the president and his advisers have to relinquish their own immunity and stand ready to take responsibility for some of their actions.

Representatives of the Procurator General's Office are continuing to decline comment regarding accusations of abuse of power by high-ranking officials of the current presidential administration. Investigators also have gotten no response to questions about whether President Kuchma knew about his prime minister's business activities two years ago.

Citing their leader's quick return to Ukrainian society, Hromada members paint a picture of Mr. Lazarenko as a wronged opposition leader.

Meanwhile, President Kuchma, in commenting on Mr. Lazarenko's accusation that he is involved in his former prime minister's arrest, said, "Law enforcement agencies exist for that. ... if Lazarenko really had any incriminating materials [against me], he would have used them 10 times already."

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