06KYIV4491, UKRAINE: FM TARASYUK’S LEGAL LIMBO
To understand the justification used for the classification of each cable, please use this WikiSource article as reference.
Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol).Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #06KYIV4491.
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol).Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #06KYIV4491.
Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
06KYIV4491 | 2006-12-07 16:19 | 2011-08-30 01:44 | CONFIDENTIAL | Embassy Kyiv |
VZCZCXRO9304 PP RUEHDBU DE RUEHKV #4491/01 3411619 ZNY CCCCC ZZH P 071619Z DEC 06 FM AMEMBASSY KYIV TO RUEHC/SECSTATE WASHDC PRIORITY 0648 INFO RUCNCIS/CIS COLLECTIVE RUEHZG/NATO EU COLLECTIVE
C O N F I D E N T I A L SECTION 01 OF 02 KYIV 004491 SIPDIS SIPDIS E.O. 12958: DECL: 12/07/2016 TAGS: PGOV KDEM UP SUBJECT: UKRAINE: FM TARASYUK'S LEGAL LIMBO REF: A. KYIV 4478 ¶B. KYIV 4433 Classified By: Charge d'Affaires, a.i., Sheila S. Gwaltney for reasons 1.4 (b,d). ¶1. (SBU) Summary: Foreign Minister Tarasyuk called in EU and NATO ambassadors and charges December 7 to confirm his position as Minister of Foreign Affairs. He reported that he had filed a suit to block the Rada's move to dismiss him on the basis of three procedural errors. The court would hold its first hearing December 11. Tarasyuk had also filed a complaint with the Prosecutor's General Office that Minister of the Cabinet of Ministers Tolstoukhov and Acting Prime Minister Azarov had exceeded their authority by preventing him from attending a Cabinet of Ministers' meeting December ¶6. According to Tarasyuk, due to a backlog of cases, the Constitutional Court was unlikely to clarify procedures on removal of the foreign and defense minister before January ¶2007. ¶2. (C) Comment: Tarasyuk presented the appearance of a man under stress, but also very determined to stay in office given President Yushchenko's unequivocal support (ref A). By keeping Tarasyuk at the MFA's helm, Yushchenko and Tarasyuk are determined to demonstrate the President's primacy in foreign affairs, by directly and publicly challenging the Rada's authority to remove Tarasyuk against the President's wishes. We will watch how the judiciary approaches the case, but with PM Yanukovych back in town after his Washington trip, the next political move seems to be the Government's. End summary/comment. Ambassadorial Huddle -------------------- ¶3. (U) Foreign Minister Boris Tarasyuk briefed EU and NATO ambassadors and charges December 7 on the status of his efforts to oppose the Rada's December 1 resolution to remove him from office (ref B). Although called at short notice, the well-attended briefing included a fair number of Ambassadors, as well as European Commission Head of Mission Ian Boag and acting chiefs of the NATO Liaison Office and NATO Information and Documentation Center. Tarasyuk asked the diplomatic representatives to confirm to their capitals that he continues to be the Foreign Minister, implying that he had the full backing of President Yushchenko. The Legal Play -------------- ¶4. (SBU) Noting that he had received numerous questions about his legal status at the Finnish national day reception the previous evening, Tarasyuk said there were three procedural flaws that invalidated the Rada resolution. -- First, the Prime Minister had submitted draft resolution 2629-1, but Article 93 of the Ukrainian Constitution and Article 84 of the Rada's rules of procedure specified that only the President, Rada deputies, and the Cabinet of Ministers could submit legal initiatives to the Rada. The Cabinet of Ministers had never considered the Prime Minister's draft resolution and so had never approved it. -- Second, while the Constitution is silent on who could dismiss the Foreign Minister, it does specify that the President nominates the Defense and Foreign Ministers. By implication, the President would also be the only official able to terminate the appointment, which is confirmed by Article 202 of the Rada rules of procedure. (Note: Article 202 says the Prime Minister can request the removal of ministers, but, in the case of the Defense and Foreign Ministers, the President can do so. As we observed in ref B, however, Article 202 also contains a second provision that authorizes the Prime Minister to remove a member of the Cabinet of Ministers in response to a coalition initiative. This second provision does not specifically exclude the Defense and Foreign Minister, leading to some ambiguity regarding the Prime Minister's authority.) -- Third, according to Article 88 of the Rada rules of procedure, all draft legislation must be accompanied by an explanatory note that includes the objectives and functions of the proposed law. This had not happened with the resolution regarding Tarasyuk's dismissal. Furthermore, the committee of jurisdiction is also required to examine draft legislation first and forward the bill to the Rada as a whole with its recommendations. This also had not been done. Blocking Tactics ---------------- KYIV 00004491 002 OF 002 ¶5. (U) Tarasyuk said he filed a suit with the Shevchenko district court based on these procedural flaws. On December 5, the court suspended any action to remove Tarasyuk from his position until it could consider the case. Tarasyuk said the court was due to take up his suit on December 11. He acknowledged that, after an initial hearing, the district court might decide to postpone further examination of the case until Ukraine's Constitutional Court had ruled on the underlying constitutional issues; if so, Tarasyuk opined, the ruling to suspend his removal would likely remain in force. Tarasyuk also noted that the court's action could be appealed during a ten-day period, i.e., until December 15, after a deci sion has been announced. He had no knowledge that the Prime Minister's office or any other office had appealed. ¶6. (SBU) Tarasyuk confirmed that he had been prevented from attending a Cabinet of Ministers meeting December 6. He had sent a letter to the Prosecutor General's Office requesting that it initiate a criminal case against Minister of the Cabinet of Ministers Anatoliy Tolstoukhov and acting Prime Minister Mykola Azarov on the grounds that they had exceeded their authority and illegally prevented him from carrying out his duties. ¶7. (SBU) In the meantime, a number of Rada deputies had submitted a request November 14 for the Constitutional Court to clarify procedures for dismissal of the Defense and Foreign Ministers. Tarasyuk said a Constitutional Court judge, speaking privately, had told him that, given its backlog, the Court could take up the issue by January 2007 at the earliest. Holding the Line ---------------- ¶8. (C) In remarks to a smaller group of diplomats after the larger briefing, Tarasyuk stressed that the case was not just about his personal fortunes; his removal as Foreign Minister would set a bad precedent and endanger the President's authority to conduct foreign policy. Any attempt to settle the constitutional ambiguities by cohabitation required good will on both sides. Tarasyuk was prepared to meet with Yushchenko, Prime Minister Yanukovych, and Rada speaker Moroz to discuss the issue of his dismissal, but no meeting was planned. When one ambassador observed that the continuing political uncertainty was bad for Ukraine's reputation abroad, Tarasyuk could only quip that his life was certainly worse than that of any observer of Ukraine's political scene. ¶9. (U) Visit Embassy Kiev's classified website: www.state.sgov.gov/p/eur/kiev. Gwaltney
Wikileaks
Leave a Comment