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Hanne Severinsen: Ukraine has not yet honoured all of its commitments

Hanne Severinsen, co-author of the report on Ukraine’s obligations and commitments, insists that the Parliamentary Assembly should continue to monitor the country, notably with regards to the forthcoming presidential elections, freedom of the media, and the proposed constitutional amendments.

Interview (29.09.2003)

Question : What is the main thrust of your report?

Hanne Severinsen : The main message is that although Ukraine has made progress, in particular regarding its legal system, there is still a lot left to be done. The country has not yet honoured all of its obligations and commitments as a member state of the Council of Europe, which is why we want to continue the monitoring procedure. This is not only due to the lack of sufficient legislation, but also because of the presidential election next year. We do not yet know whether there will be an attempt to change the Constitution, or in what way it might be changed. A lot of drafts are being proposed. We have to make sure, in particular, that during the next election campaign, the opposition has fair access to the electronic media.

Question : Are you suggesting that the Assembly should send a special mission to Ukraine to follow the preparations for the next presidential election?

Hanne Severinsen : Yes. That is something we did before, for the parliamentary elections in March 2002. Although those elections showed some improvement over the previous ones, we found many irregularities which distorted the democratic consultation process.

Question : What are the main reasons for you saying that Ukraine has not yet fully honoured all of its obligations and commitments as a member state of the Council of Europe?

Hanne Severinsen : When Ukraine became a member country in 1995, its legal system was not in accordance with European standards in terms, for example, of civil and criminal codes and codes of procedure. Ukraine has been working on this for the last eight years, and it has been a very slow process. Quite a lot has been accomplished, but there is still the problem of implementing the new laws. Ukraine has new legislation but it is not very transparent, and - as we know - the rule of law means not only making laws but also implementing them.

Question : The question of freedom of expression is paid particular attention in your report and draft resolution. Why?

Hanne Severinsen : Despite some changes in legislation, there are still problems. Several journalists have been killed, and their murders were poorly investigated. It seems that if a journalist writes something which is contrary to the official view, either the newspaper or its advertisers are running certain risks. On the other hand, journalists are now more outspoken about their conditions, and have built a strong organisation to defend their rights. They are also tired of being censured. Ukraine should conduct its media policy in a way which will convincingly demonstrate respect for freedom of expression in the country.

Question : What can you tell us about the case of disappeared Ukrainian journalist Georgyi Gongadze?

Hanne Severinsen : His disappearance has not really been investigated for the last three years, and his mother and wife do not know what steps are being taken by the authorities. However, the Prosecutor General recently told us that they are currently pursuing three suspects. I hope that this means that we will see some progress.

Question : Given those problems, what is your proposal to the Parliamentary Assembly?

Hanne Severinsen : We should undoubtedly continue to monitor the country, notably with regards to the forthcoming elections, freedom of the media, and the many constitutional amendments which are currently on the table. Our monitoring committee, for example, has always made good use of the Venice Commission, which is why we call on the Ukrainian authorities to take full account of the Commission’s opinion during the constitutional revision process.