Cases Dismissed, Investigation in Progress

Addressing a briefing in Kyiv last Friday, the Prosecutor-General of Ukraine, Sviatoslav Piskun, announced that all cases against Yuliya Tymoshenko have been dismissed. He also revealed that the corpse, allegedly of murdered journalist Gongadze, will be reexamined; that an investigation is underway into Viktor Yushchenko’s poisoning; and that Heorhy Kyrpa committed suicide.

The Prosecutor-General’s Office is studying a number of theories regarding the attempt on the life of President Yushchenko. “No one doubts that it was a poisoning,” Mr. Piskun said in a report by Interfax-Ukraine. “This is a very delicate point, and there will be very few comments on it.” He announced that Ukrainian and Austrian public prosecutors will be meeting on February 7 in Vienna and an Austrian court is now considering a number of requests from Ukraine’s Prosecutor-General’s Office.

Supporters of Acting Prime Minister Yuliya Tymoshenko were elated by the Prosecutor- General’s news that all criminal cases against her have been dismissed for lack of evidence. Mr. Piskun emphasized that Mrs. Tymoshenko’s criminal case was closed 5-6 days earlier, before she was appointed acting premier. He also noted that his office had requested parliament four times to agree to hold Mrs. Tymoshenko criminally liable, but the deputies refused. This means that if the law- enforcement bodies have failed to find evidence after so many years (proceedings against Mrs. Tymoshenko were instituted in 1996), one must be guided by the presumption of innocence. The Prosecutor-General made it clear that the criminal cases against United Energy Systems financial comptroller Antonina Baliura, as well as Mrs. Tymoshenko’s husband and father-in-law, have also been dismissed.

The Prosecutor-General is inclined to believe that the death of Transport and Communications Minister Heorhy Kyrpa was a suicide. This version is supported by experts and investigators. Mr. Piskun added it was difficult for him to comment on this because forensic testing was still ongoing. The Prosecutor-General also revealed that the suicide of Yury Liakh, president of the board of governors of Ukrainian Credit Bank, is being duly investigated.

As for the investigation into the murder of journalist Heorhy Gongadze, Mr. Piskun promised to breathe new life into this case: forensic testing to identify Gongadze’s body by a group of international experts will take place next week. “In all probability, the testing will be done either in Germany or Switzerland with the participation of Reporters Without Borders, and Ukrainian experts and scientists,” Mr. Piskun said, adding that a deal has been reached to carry out another examination in February. “We are re-launching the investigation-this time not from square one but on the basis of what we have already done,” Mr. Piskun said. He noted that former Prosecutor-General Hennadiy Vasyliev “had somewhat taken the edge off the investigation.” In particular, cases were dismissed against Oleksiy Pukach, former chief of the Interior Ministry’s external surveillance department, and the Tarashcha district prosecutor.

Incidentally, Gongadze’s mother Lesia told Deutsche Welle that she is not going to sue anyone and is ready to meet with President Viktor Yushchenko. Mrs. Gongadze will insist that her son’s case not be reopened. She doubts that a change of prosecutor will solve the problem.