Ukrainian Prime Minister Viktor Yanukovych (left) and President Viktor Yushchenko (right) at a meeting in Kiev on April 5, 2007.
Photo: Alexander Techinsky
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"A Legal Framework"
// Scenes from Kiev
A forceful seizure of the organs of power began yesterday in Ukraine. And ended almost as soon as it began. The former chairman of the Kiev Pechersky Regional Court, with the support of a large group of deputies from the ruling coalition, seized the courthouse and appropriated the official seal. Meanwhile, Prime Minister Viktor Yanukovych said that he "does not welcome" the actions of his colleagues and basically laid out the terms on which he and his Party of the Regions are prepared to make peace with the president and just possibly agree to early elections. Kommersant special correspondent Mikhail Zygar went to Kiev to observe the lovely means by which Ukrainian politicians are seeking a way out of the crisis.
A Legal Framework
A stage was erected several days ago on Kiev's central square. But yesterday morning the enclosed courtyard of a building not far away was turned into stage as well. That building houses the Pechersky Regional Court. The players in the drama filed out onto the building's portico and, casting a look around at the assembled journalists, performed heartfelt monologues.
"The court should never blindly execute the will of politicians! I, as a judge, will never allow the court to turn into an instrument of dirty political games! That is my main principle in life" – the orator adjusted a massive medal on a gold chain and, clutching his mantle around him, vanished into the courthouse.
That was Vladimir Kolesnichenko. On March 24 of this year President Viktor Yushchenko removed him from his duties as the chairman of the Pechersky Court. Yesterday morning, however, he returned to work, seized the court's official seal, wrapped himself in a mantle, and prepared himself to make an address to the journalists outside. Mr. Kolesnichenko needed the precious seal in order to stamp the order from the Pechersky Court restoring him to his former position. He was assisted by deputies from the Verkhovnya Rada, who came "to protect the court from provocations."
Hardly had the judge vanished when a stately woman also clad in a mantle appeared on the steps, leading a shy young woman behind her.
"Look into this girl's eyes!" she began, her voice quivering with passion. "This morning Pan [Mr.] Kolesnichenko, the former chairman of the court, assaulted her. Like a beast of prey, he burst into this girl's office and demanded that she give him the stamp. But she said that she would not give the stamp up and that it would be better to throw herself out the window!"
"Look into her eyes! This girl was ready to sacrifice herself so that the court's seal would not fall into that usurper's hands! But he tore at her hands and took the stamp by force!"
That was Inna Otrosh, the acting chairwoman of the Pechersky Court, who was appointed to the post on March 24.
The little secretary girl dabbed disconsolately at her eyes.
"I am not going to answer your questions. I want you simply to appreciate her actions."
Ms. Otrosh whirled around and, embracing the secretary around the shoulders, propelled her back into the courthouse. The steps were briefly empty before a deputy from the Party of the Regions mounted them with quick steps. According to his version, that morning the Verkhovnya Rada had learned that soldiers from the elite Alpha unit were ready to arrest the judges at the Pechersky Court. In response, the coalition deputies had rushed to the Court to defend law and order.
It should be mentioned that the Pechersky Court is a special, even legendary place. Moscow, for example, has the Basmanny Court, and the Pechersky Court is Kiev's equivalent. It is famous for its ability to come to any decision, even the most unlikely from a judicial point of view. At different times it has annulled or, alternately, not annulled the most notorious and scandalous resolutions of different branches of power. Incidentally, yesterday the Pechersky Court was due to review the case of whether the president's decree dissolving the legislature had been legal.
The deputies followed one another across the portico, each one giving his own monologue before the assembled journalists. Then the crowd started to jostle its way up towards them, and within a few minutes the journalists had stormed the courthouse. Inside the participants in the morning battalion sat in different rooms giving their testimony. The only one who was missing was Pan Kolesnichenko, who had been urgently ferried off to the Rada. The review of the case concerning the legality of the dissolution of the legislature never happened.
Striving for a Compromise
Viktor Yanukovych appeared before the press wearing a haughty smile. He struck a similar grand pose and began to field questions from journalists. The journalists were drawn up in two enormous lines: the foreign press to the right and the Ukrainian press to the left. He answered confidently, without pausing to think, without gesturing, and looking straight into the eyes of each journalist as he or she asked a question. In each answer he used the expressions "legal framework," "democratic norms," and "striving for a compromise." After a few repetitions, the answer made even completely different questions seem awfully similar.
"With regard to the events in the Pechersky Court, that was an emotional reaction by the deputies to the president's decree. I do not welcome these actions, and, as prime minister, I will not allow force to be used as events unfold. The cabinet of ministers is ready to ensure general order. We will act only within a legal framework and only according to democratic norms. And I will not allow those factions that want to exacerbate the conflict to reach a resolution by force," he said.
I asked the prime minister if he didn't think that his allies in the coalition were prodding him down the road to exacerbating the conflict, since he does not fear early elections, but they do. Viktor Yanukovych thought for a moment – the only time he did so throughout the entire hour-long press conference.
"We do not fear anyone or anything, because we are with the people, not the people with us. There will be no exacerbation."
He added that until the Constitutional Court has rendered its verdict, there can be no preparations for early elections and that he would not comply with the decision of the Ukrainian Security Council to allocate money for the elections. He is also displeased with the fact that the current makeup of the Central Elections Committee includes not a single representative of the Party of the Regions. And he thinks that holding elections on May 27 is completely impossible. In other words, Viktor Yanukovych's first conditions for a compromise are as follows: change the makeup of the Central Elections Committee to include representatives of the Party of the Regions, and move the elections to a later date.
He was asked if the Constitutional Court will take long to deliver its verdict.
"If the Constitutional Court will hear me, and if they will work on this not only during the usual hours, it might be possible to sit in the evening or early in the morning and reach a verdict quickly. But if they drag their feet and cannot come to a decision in two years, or three or four, then we will need to make a political decision," said the prime minister, letting it be known that in striving for a compromise within a legal framework anything is possible.
After the press conference two female journalists from the newspapers Le Figaro and El Pais cornered Denis Ionesko, the prime minister's press secretary. They noted that Viktor Yanukovych had incorrectly cited an interview given by Viktor Yushchenko to the European press yesterday. According to the prime minister, the president said that a repeat of the events in Russia in October 1993 was possible in Ukraine.
"But Yushchenko never said that! We were at that meeting yesterday. He said, with his hand on his heart, that he will not allow a repeat of 1993 in Ukraine," they protested.
"Really? That's strange. Because here I have a report from Interfax Ukraine that quotes the Guardian."
"Really? That's an incorrect translation! Maybe they didn't get it right at the Guardian. Or Interfax Ukraine skewed the reporting. Tell him that Yushchenko never said such a thing. If we can avert civil war in Ukraine, we will be very happy."
"Don't worry," soothed the press secretary.
The two journalists took his advice.
"Did you notice? Yanukovych spoke very appropriately and amicably, don't you think?" Laura Mandeville from Le Figaro asked me.
"Of course. He wants to be a good boy," I answered.
"Exactly. He isn't going to risk his power. He doesn't need a conflict. They will come to an agreement soon."
Demonstrations took place throughout the entire day on Kiev's Independence Square. Around 5,000 or more people gripped Party of the Regions flags and listened to speeches. From the stage they said, "the president has become a weathervane for the West wind," that "spots of spiritual soot" will soon bleed through the banners of the Bloc of Yulia Tymoshenko and turn them from white to black, and that "under the bright spring sun the color orange can turn brown." The orators asked the crowd to chant "Yanukovych! Yanukovych!" and claimed that 15,000 people from the regions are heading to the capital. Close to evening a detachment left for the cabinet of ministers to support the prime minister.
Darkness fell and people wandered around the tents set up on the square. In one of them, the largest, a light shone, and I peeked inside. A young man sat in the corner, holding a candle in his hand. Several dozen young people thronged around him.
"I'm proud of you," he said in a half whisper, "I'm glad that I am associated with such worthy people. That you didn't run away, didn't start to drink, didn't change your minds, that you're living in tents. You know that those drunks, those people who drank too much, we're going to sit them in a bus and send them home. The commander in charge of the camp promised that they might try to organize heating for the tents tonight. But no matter what, all of us, both you all and I, need to be patient. Because the ones that are spending the night in the buses won't get any money. We'll send back whoever wants to sleep in the buses. Everything will be by the rules."
The young people murmured approvingly.
"And I have some good news," continued the man with the candle. He looked straight ahead, as if talking to the flame. "I brought the money. A hundred hryvnas per night and fifty per day. Minus thirty hryvnas for food. We'll divide into groups of five, and I'll pay out the money immediately to each group of five."
The young people around him began to applaud. I lifted the curtain covering the exit and left the tent.
Mikhail Zygar (Kiev)
All the Article in Russian as of Apr. 06, 2007
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