KIEV, June 24 – An ally of former Prime Minister Yulia Tymoshenko has been taken in custody for two months Thursday as the authorities investigate his role in confiscating natural gas from RosUkrEnergo in February 2009.

Anatliy Makarenko, a former head of the State Customs Service, will be placed under arrest after a Kiev court has ruled to support a formal request from the investigators.

Makarenko is the most senior official from the Tymoshenko government who has been arrested so far, although lawyers said it’s a tough measure for a person whose guilt has never been proven.

“Ukrainian investigators just can’t work with a suspect without putting him in jail before hand,” Ihor Holovan, a partner at law firm Holovan & Partners, said. “This is a serious problem.”

Tymoshenko responded with a strong statement accusing President Viktor Yanukovych of putting political pressure against opposition leaders.

“This is the first case under President Yanukovych when a person, who has been holding the highest rank, is thrown behind bars for defending state interests,” Tymoshenko said.

“An officer who has honestly served Ukraine is thrown behind the bars instead of criminals. This is the feature of these authorities,” Tymoshenko said.

Makarenko is investigated for his alleged role in confiscating 11 billion cubic meters of natural gas from RosUkrEnergo, a gas trader co-owned by Ukrainian billionaire Dmytro Firtash and Russian gas giant Gazprom.

Tymoshenko moved to confiscate the gas after striking a deal with Russian Prime Minister Vladimir Putin, and instructed Gazptom to sell the gas to Naftogaz Ukrayiny, although it had been imported by RosUkrEnergo and kept in Ukrainian underground gas storage facilities.

To make the transaction legal, Gazprom wired $1.7 billion to Naftogaz on February 4 allowing Naftogaz to “return” 11 billion cubic meters of gas back to Russia, although gas has never cross the border.

Two days later, on February 6, Naftogaz wired the same $1.7 billion to Gazprom to “import” the same 11 billion cubic meters of gas to Ukraine, now under the ownership of Naftogaz.

Firtash’s Centragas, which owns 50% of RosUkrEnergo, fild a lawsuit against the Ukrainian government with the Stockholm court of arbitration, and the court had weeks ago ruled that Naftogaz must give 12.1 billion cubic meters of gas to RosUkrEnergo, coupled with a $200 million penalty.

Tymoshenko argued the case was lost only because the Ukrainian government had fired top lawyers and had refused to defend the interests of the state in the court of Stockholm.

“As the prime minister, I gave direct orders to the leaders of Naftogaz, gave direct orders to head of customs service Makarenko and to his deputies, defending the rights of Ukraine,” Tymoshenko said.

“I gave direct orders,” Tymoshenko said. “I believe that everything has been done to the benefit of Ukraine.” (tl/ez)