Kyiv Post in an article that has barely been covered by the English media has reported that
“The Kyiv Okrug Court of Appeals on April 24 passed a ruling saying President Viktor Yushchenko’s decree dated May 24, 2007, dismissing Sviatoslav Piskun from the post of the prosecutor general was unlawful”
This is the second time the Ukrainian Courts have reviewed and ruled against the President on the question of legality of the president’s actions.
In May 2007 Victor Yuschenko also illegally dismissed three Constitutional Court Judges in order to prevent the Constitutional Court from ruling against his decrees.
Ukraine’s constitution provides for the independence of the Courts and prohibits political interference.
The Constitutional Court, following Yuschenko’s interference in the judicial process, has never ruled on the legality of the President’s decrees of April, 2007.
As a result of Yushenko’s actions, Ukraine suffered seven months of political unrest and instability. Yuschenko has never been held to account for his actions.
The crimes and unconstitutional acts of Viktor Yuschenko were made worst in that he was and is Ukraine’s head of state.
Had Victor Yuschenko been in a Western society he would have been subjected to review and impeachment.
Equally of concern is that the Executive of the European Council stood by, knowing that Yuschenko’s actions were unconstitutional and illegal, remained silent and complacent in this serious breach of constitutional law. The European Council failed the people of Ukraine by denying them their constitutional rights. In the process they have also undermined confidence in Ukraine’s democratic development.
Ukraine must now undertake a full and comprehensive review and if need be call on the European Council’s Venice Commission to submit an independent report and assessment of the events and the President’s actions.