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Where there is no law, but every man does what is right in his own eyes, there is the least of real liberty
Henry M. Robert

Perils of the Lazarenko Family

18 May, 1999 - 00:00

By Tetiana SHULHACH, The Day
Former Prime Minister Lazarenko's wife claims persecution by the authorities.
According to Lazarenko's lawyer, Viktor Nikazakov, Tamara Lazarenko wrote
this in a statement to be read out at a court hearing last Thursday in
the case of Pavlo Lazarenko vs. the Government of Ukraine, reports Interfax
Ukraine. The court session was adjourned for the third time. On the previous
occasions the Podil District Court explained the adjournment by the judge's
tight schedule. This time Judge Natalia Tsap ordered the hearing adjourned
due to the absence of plaintiffs Pavlo Lazarenko and his wife.

The ex-Premier's lawyers are outraged by the fact that the court did
not consider the possibility of in absentia proceedings, as per Article
110 of the Procedural Code, and they intend to file complaints with the
Kyiv City and Supreme Courts of Ukraine. Under the law, a lawsuit is to
be dismissed if the plaintiff fails to appear in court twice without providing
valid reasons. Viktor Nikazakov fears that the third court session will
have precisely this outcome.

The attorney further said that the May 13 hearing was to ascertain the
whereabouts of documents that had "vanished" when Pavlo Lazarenko's property
was confiscated. The former head of government's legal team have earlier
complained about Ukrainian authorities' unauthorized entry of Lazarenko's
dacha in Pushcha-Vodytisa, whereupon his property and valuable documents
disappeared.

Pavlo Lazarenko's family is in the United States and the ex-Premier
is still being held near San Francisco awaiting formal decision on his
status as a political refugee. Lazarenko is also reported to be planning
to vie in the presidential campaign in Ukraine, expecting Hromada support
as its leader, informs The Day's Tetiana SHULHACH.

Swiss lawyer Paul Gulli-Hart kindly consented to a telephone interview
with The Day:

Q: Is it true that Pavlo Lazarenko's status has changed and he is
now under arrest rather than detention?

A: There is no difference between being under arrest or detention
under US law, except for the choice of words. When Mr. Lazarenko appeared
in the United States he was detained for violating the immigration laws.

After asking for political asylum he has passed through the first stage
of litigation to determine whether he had a well founded fear of persecution
- in other words, at this stage he had to convince the court that there
are valid grounds to fear for his life and safety in Ukraine.

Presently, however, due to a referral from a Swiss judge requesting
his extradition, the INS has handed Mr. Lazarenko over to federal authorities,
but this did not change his legal status. He is still in custody, although
for different reasons. Accordingly, the political asylum proceedings were
suspended pending decision on the Swiss court petition.

Q: Our Deputy General Prosecutor Olha Kolinko says there in an "international
arrest warrant" for Lazarenko issued in Switzerland, and hence he should
be considered under arrest. What about this arrest warrant?

A: There is no such thing as international arrest warrant. All
arrest warrants are exclusively national. An arrest warrant is considered
international only when issued by Interpol, which is not the case.

As for Pavlo Lazarenko, there is an arrest warrant signed by Swiss investigating
judge Laurent Kasper-Ansermet dated April 8, 1999. This document suffices
to start extradition proceedings in the United States. The Swiss judge
has forty days to submit the rest of the extradition case. From what I
know these documents have not been delivered as yet.

Q: What caused the Swiss judge to do this? Could Mr. Lazarenko have
violated some bail rules or the Swiss side unearthed fresh evidence in
the case?

A: I don't believe that anything like that happened. Actually,
I ask myself why that judge decided to ask for my client's arrest again
in conjunction with the same charges. Pavlo Lazarenko was released from
custody in Switzerland last December.

Q: Ukrainian General Prosecutor Mykhailo Potebenko publicly stated
that Swiss judge Laurent Kasper-Ansermet pressed fresh charges against
Hromada leader Lazarenko.

A: I read Judge Kasper-Asermet's warrant on April 8 of this year.
As far as I could see the charges were the same. There is an interesting
point, however. Under an agreement between the United States and Switzerland,
a judge has no right to notify of any fresh charges against the defendant
- in this case Pavlo Lazarenko. So, like I said, there were no further
charges, not that I could see any in the document. I suspect that fresh
charges would be pressed if Mr. Lazarenko returned to Switzerland.

One more thing: the Swiss judge is investigating a money-laundering
case. Laundering money means that any such money was originally received
illegally, by committing a crime, but this crime has to be proven first
and only then can a money-laundering case be brought.

Quite honestly, I can't see at this stage what crimes Mr. Lazarenko
could have possibly committed in Ukraine. This evidence must be provided
by the Ukrainian side. As for your arrest warrant issued on February 18,
1999, it is poorly justified, and the Swiss judge won't be able to make
any use of it.

Q: Have you considered the possibility of Pavlo Lazarenko's voluntary
return to Ukraine provided, of course, the Ukrainian authorities guarantee
his immunity and freedom?

A: No, we haven't. I think that under the circumstances my client
would not take any such guarantees seriously.

 

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