Mukachiv mayor steps down, election investigation continues (06/06/04)

Mukachiv mayor steps down, election investigation continues

by Vasyl Pawlowsky
Special to The Ukrainian Weekly

KYIV - The mayor of Mukachiv, Ernest Nuser, who had been announced as the winner of the highly contested mayoral election on April 15, tendered his resignation at a City Council meeting on the evening of May 28, reported TV5.

Citing personal threats against both himself and his family as the reason for his resignation, Mr. Nuser stated that it was not an easy decision to make, and added, "I do not have the moral or human right to risk the lives of my family and those close to me, as well as the lives or health of my companions-in-arms. Therefore, I took this decision, albeit not a simple one, but it was the only proper decision to make given the current situation."

His announcement came shortly after he had met with Hanne Severinsen and Renate Wohlwend of the Parliamentary Assembly of the Council of Europe, who were in Ukraine from May 27 through June 3 to look into the upcoming presidential elections, as well as to investigate the state of freedom of speech in the country and observe the by-election being held in Odesa on May 31.

The meeting drew much speculation from the local media as to whether the meeting with Mmes. Severinsen and Wohlwend had influenced Mr. Nuser to hand in his resignation. Mr. Nuser stated that the meeting with the PACE representatives was necessary and that most of the meeting was dedicated to the problems of national minorities in the region. However, when asked by Ms. Severinsen whether he thought the elections in Mukachiv had been falsified, Mr. Nuser replied, "Seven judges confirmed my legitimacy, though I am not holding on to the mayoral post."

Mr. Nuser's tendered resignation was a surprise to many. If the City Council decides to accept his resignation at its meeting on June 3, it will also have to decide when the by-election for the position of mayor of the town is to be held.

Mykola Ryshko, assistant to Mr. Nuser, stated that this would most likely not be sooner than early 2005. Others have suggested that the mayoral elections could be held during the presidential election in October 2004, however this suggestion worries some election specialists.

The deputy chairman of the Committee of Voters of Ukraine, Evhen Poberezhnyi, stated that this would be the worst scenario, in his opinion. Speaking on Public Radio, he said: "There have been precedents like this before, and the big problem in this is that the Law on Elections to City Councils doesn't practically fall into line with the Law on the Election of the President. And if the election takes place before the presidential election of Ukraine in October, this could contribute to the escalation of the situation in Mukachiv."

There are a number of individuals who do not believe that Mr. Nuser's reasons for stepping down are at all related to threats against him or his family, but are due to other factors. Zoltan Lendel, a member of the Mukachiv City Council, said that he didn't believe there were any threats against Mr. Nuser, but rather that he had finally developed a conscience.

On June 1, during session of the Verkhovna Rada, which is still investigating the events surrounding the Mukachiv election, the deputy head of the Security Services of Ukraine, Ihor Drizhchannyi, noted that the Security Services had examined Mr. Nuser's declaration regarding threats. "What is going on here is not about life threats, but the psychological influence on him," noted Mr. Drizhchannyi.

PACE rapporteur Ms. Severinsen told RFE/RL's Ukrainian Service on May 31 that during a meeting last week with Mr. Nuser "it seemed to me that he is ready [to resign] because his town has become notorious in all of Europe owing to the election rigging."

While Mr. Nuser's tendered resignation leaves a number of questions unanswered, the Verkhovna Rada is still investigating what happened during the elections on April 15. While reporting on the investigation of the Procurator General's Office during the Verkhovna Rada session on June 1, Deputy Procurator General Mykola Holomsha stated that a criminal case has been filed with the courts regarding the beatings that took place at the No. 3 polling station, and that it is known who is responsible for the beating of Verkhovna Rada Deputy Mykola Polischuk.

Mr. Holomsha added that the Procurator General's Office has questioned over 1,000 witnesses, and examined 959 documents, 12 inquiries and 118 appeals by members of the Verkhovna Rada. According to Mr. Holomsha, the complaints by national deputies who have been questioned and have accused members of electoral commissions in the falsification of the election results contradict the statements made by those officials.

However, the press office of Our Ukraine reported that National Deputy Volodymyr Filenko's assistant clearly had evidence of vote falsification. He commented on video footage in which the head of Election Commission No. 4, a Vasyl Moshkara, is seen announcing the results at the polling station, where 1,739 voters had turned out, that Viktor Baloha had received 906 votes, while Mr. Nuser had received 561. Mr. Moshkara then displayed the signed protocols with the commission's stamp. Mr. Filenko said he was extremely surprised to hear the day after elections that 2,400 voters had voted for Mr. Nuser, when only 1,739 voters had cast ballots.

Although Mr. Holomsha did not bring forth any groundbreaking facts regarding falsification of the vote count, Ukraine's Ombudsman Nina Karpachova presented the statement of a young sergeant, Mykhailo Zhumelia, who was on duty the evening of April 19-20. During those days, the Rada's special commission investigating the Mukachiv elections was in the city.

In her introduction of Mr. Zhumelia, who was present in the visitor's balcony during the session, Ms. Karpachova said, "This city [Mukachiv] became a symbol not only of an unprecedented abrogation of constitutional human rights, but also a symbol in the fight to protect those rights." Ms. Karpachova relayed Mr. Zhumelia's account of how he had been ordered by a senior officer to leave his post while guarding the room that contained the election ballots. After he was questioned by Ms. Karpachova as to whether he confirms the statement read to be true, the whistleblower received a round of applause from the deputies in the session hall.

Later, he was personally congratulated by Viktor Yushchenko who declared, "Today this person is defending democracy in Ukraine." Mr. Yushchenko further added that "for the most part, people in Ukraine remain silent in order to guarantee peace in their lives, while this person, who was not afraid of telling the truth, is a hero."

Although the reaction by the Verkhovna Rada to Mr. Zhumelia's statement was positive, later in the session the Rada heard from the first deputy of the Internal Affairs Ministry, Mykhailo Kornienko. He noted that the authorities had questioned Mr. Zhumelia in the course of their investigation. However, Mr. Zhumelia confirmed that when he reported this information to the deputy procurator general, Victor Kudriavtsev, there was no reaction from him whatsoever.

While the investigation into the elections in Mukachiv continues, Mr. Nuser's tendered resignation awaits a decision from the City Council on June 3. Mr. Nuser still holds the position of a member of the Zakarpattia Oblast Council, and he stated that he will continue to represent the interests of the citizens of Mukachiv on the oblast level.

Meanwhile, a legal ruling as to who is in charge in Mukachiv was announced on June 2. Lawyers from the oblast administration stated that the only legitimate mayor of Mukachiv is the person who was voted into office in June of last year, Vasyl Petiovka. They based their arguments on the fact that the presidential decree that assigned Myroslav Opachko as acting mayor of Mukachiv in the interim was changed by the president himself. Due to this announcement made by the oblast's lawyers, the leadership of Mukachiv has decided to postpone the City Council meeting that was to take place on June 3.

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