City of Strasbourg
The Odessa City Election Commission -- to the CE Parliament Assembly, OSCE, Committee on Granting Rights and Obligations to the Member-States

Esteemed Sirs,

Let us once again express You our gratitude and thankfulness for the support to the democratic powers, which You rendered in the Ukraine during the Elections of 1998. You have a particular, sincere gratitude on behalf of Odessa and citi zens of Odessa. May be, for the first time in a complex Ukrainian history we have received not merely a sympathy and condolence, yet a real moral support in standing by the principles of the democratic conduct.

Personally I am sure that the Elections of 1998 turned out to be crucial not regarding the number of victories, yet the number of defeats. As well as concerning the reaction of power structures in the Ukraine to the receipt by the oppos ition of the mandate of trust from the people. Unfortunately, it was Odessa that found itself under the most ruthless fire in the rigid situation of the opposition of the old and new. It played and plays a part of a springboard -everything that takes plac e in Odessa, everything that gets the upper hand in Odessa then becomes a standard of national life. This time Odessa was turned into a firing range where a model of setting up of a police state is elaborated under a disguise of democratic decorations.

The situation in the city is quite dramatic after the elections. The President's Deputy, who failed as a result of the elections, Mr. Ruslan Bodelan disputes his right to rule Odessa in the Court.

We, citizens of Odessa, with a great thankfulness have accepted the Appeal of the PACE to the Chair of the Supreme Court of the Ukraine Mr. Boyko that concerned the interference of the judicial power in the elections in Odessa. However, Mr. Boyko, probably, has his own ideas of democracy and judges' independence. It was namely the Supreme Court that despite the Law determined hearings of Mr. Bodelan's complaint in the town of Kirovograd (this quiet, provincial town has its own glory, it s own attitude to democratic ideas...)

Contrary to the Law, logics and conscience the Judge of Kirovograd Mr.YakovIev has not just refused to hear the witnesses that the Election Commission requested to be interrogated including as well the PACE and OSCE observers has not on ly limited the participation in the work of the Court of the mass media, which is a violation of the Constitution of Ukraine, has not just accepted perjuries as "the irrefutable proofs", yet in his judgement he exceeded his authorities.

As once the Judge of the Malinovskiy District Court Mr. Zheieznov violated the Law took the Decision about expelling of Mr. Gurvits name from a ballot-paper, and now the Judge Mr. Yakoviev in the most rude way violated the Law and cance lled the Resolution of the City of Odessa Election Commission about the election of Eduard Gurvits as a City Mayor and acknowledged as invalid the elections of the City Mayor. Meanwhile in accordance with the Law "On Elections..." only the Commission itse lf can cancel its own decision and it is the right of the Commission only to acknowledge the elections invalid.

Illegal Decision of the Court of the city of Kirovograd is supported by the Chief Court Hierarch of Ukraine Mr. Boyko, his deputy Mr. Shevchuk threatens with his finger to the address of the Election Commission, city of Odessa Public Pr osecutor exerts pressure on the Commission demanding to appoint new elections. Sirs, the members of the city of Odessa Election Commission are alive and in many aspects still Soviet people. All of us know that in our own country there has always predomina ted over not the force of right, but the right of force. Now we can see every day the arbitrary rules of repressive bodies towards the persons who collaborated with local self-management bodies. We can see taciturn support of antidemocratic forces on the part of the Government and the President of Ukraine. We can see as even in the opinion of such freedom-loving city as Odessa, fear and despair. We do not know how long we could last long alone...

The session of newly elected city of Odessa Council took the decision to conduct all city referendum with only one question-whether the Odessa residents support the election of E. Gurvits a Mayor of Odessa? It would seem what else can b e wished to his opponents who prove that Gurvits had won dishonestly. But is the demonstration of the will of Odessa residents that they are afraid of! Therefore the pressure is being exerted not only on the city Election Commission to institute a crimina l case against the Commission Chairman for not execution of the Decision of the city of Kirovograd Court, but against the Management of the city Council as well.

Sirs, I am applying to You with the request to investigate the Odessa situation. I believe that as the people who got to know personally the manifestation of Jesuitism and inventiveness of the Communist regime. You will understand all t he danger of what is taking place in Odessa. I hope You understand how it is dangerous to let in to enter into Your own, our European house even not as a family member but simply as a guest the Country's political Management which did not get rid of total itarian itch. I am applying to You with the hope that we are not alone in this world.

Yours sincerely,

Leonid Kapelyushny
Chairman Odessa City Election Commission

City of Odessa
May 25,1998