Hospitals & Asylums    







International Court of Justice


Yuschenko Wins HA-26-12-04


Recommendation for the Dissolution of the Ukraine Security Service HA-18-12-04


US Embassy to the Ukraine,


1. According to the CIA World Fact book Ukraine  has a population of 47,732,079 a GDP of $260.4 billion and per capita of $5,400 ranking 40th out of 43 European States. Ukraine was the center of the first Slavic state, Kievan Rus, which during the 10th and 11th centuries was the largest and most powerful state in Europe. Weakened by internecine quarrels and Mongol invasions, Kievan Rus was incorporated into the Grand Duchy of Lithuania and eventually into the Polish-Lithuanian Commonwealth. The cultural and religious legacy of Kievan Rus laid the foundation for Ukrainian nationalism through subsequent centuries. A new Ukrainian state, the Cossack Hetmanate, was established during the mid-17th century after an uprising against the Poles. Despite continuous Muscovite pressure, the Hetmanate managed to remain autonomous for well over 100 years. During the latter part of the 18th century, most Ukrainian ethnographic territory was absorbed by the Russian Empire. Following the collapse of czarist Russia in 1917, Ukraine was able to bring about a short-lived period of independence (1917-1920), but was reconquered and forced to endure a brutal Soviet rule that engineered two artificial famines (1921-22 and 1932-33) in which over 8 million died. In World War II, German and Soviet armies were responsible for some 7 to 8 million more deaths. Although independence was achieved in 1991 with the dissolution of the USSR, true freedom remains elusive, as the legacy of state control has been difficult to throw off. Where state control has dissipated, endemic corruption has filled much of the resulting vacuum, stalling efforts at economic reform, privatization, and civil liberties.


2. After Russia, the Ukrainian republic was far and away the most important economic component of the former Soviet Union, producing about four times the output of the next-ranking republic. Its fertile black soil generated more than one-fourth of Soviet agricultural output, and its farms provided substantial quantities of meat, milk, grain, and vegetables to other republics. Likewise, its diversified heavy industry supplied the unique equipment (for example, large diameter pipes) and raw materials to industrial and mining sites (vertical drilling apparatus) in other regions of the former USSR. Ukraine depends on imports of energy, especially natural gas, to meet some 85% of its annual energy requirements. Shortly after independence in December 1991, the Ukrainian Government liberalized most prices and erected a legal framework for privatization, but widespread resistance to reform within the government and the legislature soon stalled reform efforts and led to some backtracking. Output by 1999 had fallen to less than 40% of the 1991 level. Loose monetary policies pushed inflation to hyperinflationary levels in late 1993. Ukraine's dependence on Russia for energy supplies and the lack of significant structural reform have made the Ukrainian economy vulnerable to external shocks. President KUCHMA pledged to reduce the number of government agencies, streamline the regulatory process, create a legal environment to encourage entrepreneurs, and enact a comprehensive tax overhaul. Reforms in the more politically sensitive areas of structural reform and land privatization are still lagging. Outside institutions - particularly the IMF - have encouraged Ukraine to quicken the pace and scope of reforms. GDP in 2000 showed strong export-based growth of 6% - the first growth since independence - and industrial production grew 12.9%. The economy continued to expand in 2001 as real GDP rose 9% and industrial output grew by over 14%. Growth of 4.1% in 2002 was more moderate, in part a reflection of faltering growth in the developed world. In general, growth has been undergirded by strong domestic demand, low inflation, and solid consumer and investor confidence. Growth was a sturdy 8.2% in 2003 despite a loss of momentum in needed economic reforms.


3. This brief was submitted pursuant to an advisory opinion under Art. 107 of the Rules of Court.  Under Art. 5 of the Constitution of the Ukraine Adopted at the Fifth Session of the Verkhovna Rada of Ukraine on 28 June 1996, the right to determine and change the constitutional order in Ukraine belongs exclusively to the people and shall not be usurped by the State, its bodies or officials.  No one shall usurp state power. Under Art. 19 Bodies of state power and bodies of local self-government and their officials are obliged to act only on the grounds, within the limits of authority, and in the manner envisaged by the Constitution and the laws of Ukraine. Under Art. 27 Everyone has the right to protect his or her life and health, the lives and health of other persons against unlawful encroachments and under Art. 28 No one shall be subjected to torture, cruel, inhuman or degrading treatment or punishment that violates his or her dignity. Under Art. 37 The establishment and activity of political parties and public associations are prohibited if their programme goals or actions are aimed at the liquidation of the independence of Ukraine, the change of the constitutional order by violent means, the violation of the sovereignty and territorial indivisibility of the State, the undermining of its security, the unlawful seizure of state power, the propaganda of war and of violence, the incitement of inter-ethnic, racial, or religious enmity, and the encroachments on human rights and freedoms and the health of the population. Under Art. 80 National Deputies of Ukraine shall not be held criminally liable, detained or arrested without the consent of the Verkhovna Rada of Ukraine. Under Art. 81 The authority of a National Deputy of Ukraine terminates prior to the expiration of the term in the event of:

1) his or her resignation through a personal statement;

2) a guilty verdict against him or her entering into legal force;

4. Under Art. 91 The Verkhovna Rada of Ukraine adopts laws, resolutions and other acts by the majority of its constitutional composition. Under Article 92 (12) It is determined that the organization and activity of bodies of executive power is  exclusively by the laws of Ukraine and it would require the Verkhova Rada of Ukraine to adopt a law in order to be permitted to dissolve the Ukraine Security Service and it also requires under Art. 80 National Deputies of Ukraine shall not be held criminally liable, detained or arrested without the consent of the Verkhovna Rada of Ukraine wherefore this case is submitted to the Verkhova Rada Ukraine to produce supporting documentation for the International Court of Justice.

5. CNN Saturday, December 11, 2004 Posted: 5:20 PM EST states, “Doctors: Yushchenko was poisoned” Yushchenko faces Prime Minister Viktor Yanukovych on December 26 in a repeat of last month's vote. Yanukovych was declared the official winner, but the Supreme Court threw out the results because of voting irregularities.  Yushchenko had long been known for his good looks. Yushchenko's U.S.-born wife, Kateryna Chumachenko, said she was convinced that her husband was the victim of an assassination attempt.  In Washington, State Department spokeswoman Joanne Moore said the United States has "seen the reports" and that officials "are deeply concerned about these findings." "We urge Ukrainian authorities to investigate this matter. We hope for Mr. Yushchenko's full recovery. We look forward to a free and fair election that reflects the will of the Ukrainian people on December 26."

6. Emma Ross of AP reported “Yushchenko Has Historic Dioxin Level” LONDON (Dec. 15) - New tests reveal Ukrainian presidential candidate Viktor Yushchenko's blood contains the second-highest level of dioxin poisoning ever recorded in a human - more than 6,000 times the normal concentration, according to the expert analyzing the samples.  Abraham Brouwer, professor of environmental toxicology at the Free University in Amsterdam, where the blood samples were sent for analysis, said they contained about 100,000 units of dioxin per gram of blood fat. However, the concentration could prove to be even higher, or lower, once results are in later this week from a more definitive test, said Arnold Schechter, a specialist in dioxin analysis from the University of Texas Southwestern Medical Center in Dallas.  Brouwer's team has narrowed the search from more than 400 types of dioxin to about 29 and is confident they will identify the poison by week's end. That, in turn, could provide clues to its source.

''From a (chemical) fingerprint, at least you can deduce what kind of sources might have been involved,'' Brouwer told The Associated Press. ''The labs will ... try to find out whether it matches any of the batches of dioxins that are around, so that maybe you can trace it back to where it was ordered or where it came from.''

7. Experts say Yushchenko, whose face has been pockmarked and disfigured, has probably experienced the worst effects already and should gradually recover, with no impairment to his working ability.  The 50-year-old reformist candidate, who faces Kremlin-backed Viktor Yanukovych in a repeat runoff on Dec. 26, fell ill after having dinner with Ukrainian Security Service chief Ihor Smeshko and his deputy Volodymyr Satsyuk on Sept. 5. Yushchenko reported having a headache about three hours after the dinner, and by the next day had developed an acute stomach ache.  He later reported pancreatitis and gastrointestinal pain, as well as a severe backache.  About three weeks after his first symptoms, Yushchenko developed the rough, acne-like rash on his face which is the hallmark of dioxin poisoning.

''It was very late before the rash started to develop, so if he had died it would have been a mystery illness of his pancreas, his liver or his gut and they would have said maybe it's some rare bug thing,'' said John Henry, a toxicologist at London's Imperial College. ''He would have died within a few days and nobody would ever, ever have thought of dioxins.''

8. Brouwer said the highest dose recorded so far was in a woman in Vienna, who was intentionally poisoned with dioxin in the mid-1990s. Tests showed her blood had 140,000 units per gram of fat, and she survived.  ''We don't actually know what the lethal dose is. The only thing we do know is there's a woman who had an even higher dose, who didn't die, so it must be higher than that,'' Brouwer said.  The woman, who was among five people deliberately poisoned at a textile institute in 1997, was sick for two years and was in and out of hospital with various symptoms, said Schecter, who was involved in tracking the case. A second woman fell ill from the poisoning, but the other three people had no symptoms at all.

9. It would not be difficult to deliver the dose Yushchenko received, experts say. If the dioxin he ingested is the most hazardous type, tetrachlorodibenzoparadioxin, or TCDD, it would take only a drop or two, or a tiny amount of powder mixed in food, to poison him.  Most of what is known about the health effects of acute dioxin poisoning comes from experiments on animals. Most animals would die from the levels in Yushchenko's blood.  Dioxin is a term referring to a group of substances created mostly by factories that use chlorine, such as paper, pesticide or plastics plants. It comes from burning fuels like wood, coal or oil. Natural sources include forest fires, but most often it comes from manufacturing or waste burning, whether municipal or backyard.  Dioxins are widespread in the environment and rise through the food chain from the soil and river beds to animals. They are particularly concentrated in meat, fish and dairy products because the chemicals dissolve well in fat.  Nearly everybody has some level of dioxin in their body. The normal level found in the blood ranges from 15 units to 45 units per gram of blood fat.

10. Evidence of the hazards comes from studies of exposed workers or from people involved in industrial accidents. The research suggests Yushchenko faces an increased risk of heart attack, cancer, diabetes, muscle aches and other less severe symptoms, but it is unclear how high that risk has risen from a single poisoning.  The disfiguring acne, while not harmful to his health, may persist for decades, experts say.

''It'll be a couple of years, and he will always be a bit pockmarked. After damage as heavy as that, I think he will not return to his film star looks,'' said Henry.

11. Dioxin, which settles in the body fat, lasts a long time in the body. Eliminating it quickly would likely reduce Yushchenko's chances of long-term ill health.  One possibility is a couple of courses of liposuction, a procedure that sucks the fat out of the body.

12. Another option being discussed by scientists is the use of olestra, a fake fat substance used in diet food that could act as a magnet to draw the poison out of the body fat into the gut for elimination. The technique has been proposed before for the elimination of other fat-soluble pollutants, said Diane Henshel, an environmental toxicologist at Indiana University.

13. Studies have indicated the body keeps the levels of dioxin in the blood and in the body fat equal, she said. When there's an imbalance, it redistributes to return to equilibrium. The idea is that olestra could be used to create a ''sink'' in the gut that would draw the dioxin out of the blood, forcing the body fat to release more of it into the blood, Henshel said.

''There are some studies, but the results are not very impressive. You get rid of some of the dioxins, but it's a slow process. Liposuction would probably be a better idea,'' Brouwer said.

14. §240b of Chapter 5 Support for East European Democracy (SEED) states,

(A) Support for East European Democracy (SEED) authorizes the President to provide assistance to the independent states of the former Soviet Union under 22USC(32)§2295 and 22USC§5401 for the following activities:

(i) Urgent humanitarian needs for medicine, medical supplies and equipment, and food, including the nutritional needs of infants such as processed baby food;
(ii) Democracy- an popularly elected government- and promoting;
(a) political, social, and economic pluralism;
(b) respect for internationally recognized human rights and the rule of law;

15. In conclusion the US should pay Yuschenko and his wife Kateryna Chumachenko an award in the $10’s of millions of dollars for their marriage and consideration should be given for an AID payment in the $ billions of US dollars for Ukraine to progress to higher levels of socio-economic development this 2005.