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Sep 14, 2010, 04:06 pm

Open letter from Yulia Tymoshenko to the CEC regarding possible election fraud

 
pr_b5107.jpgDear members of the Central Election Commission,

September 11, 2010 marked the start of the elections for village, town and city council deputies, mayors, and deputies to the Verkhovna Rada of the Autonomous Republic of Crimea.

These are the first elections to be organized by the new government that was formed following the recent presidential elections and on the basis of the new electoral law.

This election campaign began in an environment of strong political confrontation between the pro-government and opposition political forces.

Freedom of speech, constitutional rights and civil liberties, and the freedoms of political parties are now under threat.

As a result, free and democratic elections in Ukraine are under threat.

The European and international community has repeated expressed concern over the curtailment of democratic processes in Ukraine and possible restrictions of freedoms and civil rights, including the right to free and fair elections to local government.

The Central Election Commission has been given the deciding role in organizing the local elections in compliance with the Ukrainian Constitution and election law.

The CEC is obliged to ensure that honest and transparent elections are held in Ukraine.

According to the election law, in the upcoming days the Central Election Commission must make a final decision regarding the composition of territorial election commissions.

According to article 22 of the Law of Ukraine "On the election of deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, city councils and village, town and city heads", territorial election commissions are formed based on applications submitted by political parties, registered in the relevant administrative-territorial districts, that belong to an electoral bloc, deputy faction or are registered with the Verkhovna Rada.

The Batkivshchyna Party is part of the Yulia Tymoshenko Bloc, whose deputy faction is registered with the current convocation of the Verkhovna Rada.

Therefore, according to the law, local party offices of Batkivshchyna have the right to nominate their representatives to the territorial election commissions.

Nominations for candidates to the territorial election commissions are submitted to the corresponding election commission and signed by the head of the local party office, certified with the seal of the local party office.

Local party offices of the Batkivshchyna Party submitted to the CEC in the prescribed manner and time their nominations to the territorial election commissions.

Nominations were submitted from local party offices of Batkivshchyna in the Lviv and Kyiv oblasts.

The nominations from the Lviv and Kyiv offices of the Batkivshchyna Party were submitted to the CEC in the manner established by the law, signed by the heads of these local party offices, and their signatures were certified by seals of the local party offices.

The heads of the Lviv and Kyiv office of the Batkivshchyna Party are Roman Romanovych Ilyk and Kostyantyn Anatoliyovych Bondaryev, respectively.

Roman Romanovych Ilyk and Kostyantyn Anatoliyovych Bondaryev were elected as heads of the Lviv and Kyiv offices of the Batkivshchyna Party by secret ballot in accordance with the charter of the Batkivshchyna Party and oblast party conferences.

However, as we have learned, the CEC received nomination letters for territorial election commissions from fraudulent Lviv and Kyiv oblast offices of the Batkivshchyna Party signed by Ivan Vasylyovych Denkovych – calling himself the head of the Lviv oblast branch of Batkivshchyna, and Volodymyr Volodymyrovych Maybozhenko – calling himself the head of the Kyiv oblast branch of Batkivshchyna.

As a result, the Batkivshchyna Party states the following:

Ivan Vasylyovych Denkovych and Volodymyr Volodymyrovych Maybozhenko have been excluded form the Batkivshchyna Party for deceiving Ukraine and its people and for violating the party’s charter and program. They were dismissed as the heads of the oblast party offices in Lviv and Kyiv.

These individuals have been unlawfully posing as the heads of these oblast party offices, and have illegally submitted to the CEC on behalf of the party a list of nominations to the territorial election commissions.

The ruling government has taken actions aimed at distorting the results of the elections.

With this goal in mind, fraudulent local party offices of the Batkivshchyna Party are being formed, particularly in the Lviv and Kyiv oblasts.

Justice and internal affairs departments in these oblasts have illegally issued fraudulent duplicate registration certificates to these so-called local party leaders and permitted the issuing of duplicate party seals.

These illegal actions are direct evidence of state interference with the aim of falsifying the electoral process.

In addition to the abovementioned state interference in the electoral process, the government also has a hand in the judicial system, namely the Pechersk District Court of Kyiv, which, in violation of the Ukrainian Constitution and laws, has interfered in the internal party affairs of the Batkivshchyna Party.

Thus, by illegally interfering in internal party affairs, the government is obstructing the legal activities of the Batkivshchyna Party.

In connection with the illegal actions by Messrs. Denkovych and Maybozhenko, Batkivshchyna has asked the Prosecutor General of Ukraine to open a criminal case against them for violating the election law, illegally posing as the heads of the Lviv and Kyiv oblast offices of Batkivshchyna, and submitting to state institutions illegal nominations for territorial election commission members.

Given the abovementioned circumstances, the Batkivshchyna Party is informing the Central Election Commission that the only legitimate heads of the Lviv and Kyiv oblast offices of the Batkivshchyna Party, elected in compliance with the party charter and Ukrainian law, are Roman Romanovych Ilyk and Kostyantyn Anatoliyovych Bondaryev.

Therefore, letters signed by Roman Romanovych Ilyk and Kostyantyn Anatoliyovych Bondaryev should be considered by the CEC.

Messrs. Denkovych and Maybozhenko, who were dismissed as heads of the Lviv and Kyiv oblast branches of the Batkivshchyna Party in accordance with the party charter and Ukrainian law, do not have the authority to act on behalf of these oblast party offices.

In light of this, nominations for membership in territorial election commissions in the Lviv and Kyiv oblasts received from Messrs. Denkovych and Maybozhenko on behalf of the Batkivshchyna Party do not comply with article 22 of the Law of Ukraine "On the election of deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, city councils and village, town and city heads" and should be rejected.

A copy of this letter with accompanying explanations and documents is being sent to the OSCE and the Parliamentary Assembly of the Council of Europe.

Sincerely,

Yulia Tymoshenko, Head of the Batkivshchyna Party

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