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Human Rights Ombudsperson reacts to events in Gorky Park

03.08.2010    source:

Nina Karpacheva, Human Rights Ombudsperson, has posted on her website a letter sent to the Prosecutor General regarding the actions of the authorities and violations of citizens’ rights during the confrontation in Kharkiv’s Gorky Park.

She says that the information she has received suggests that there were numerous violations of civic rights guaranteed by the Constitution and European Convention on Human Rights, with regard to protection of life and health, personal security, the right to information, freedom of views and of expression, safety work regulations.  The letter is very long, covers – and endorses – the position taken by human rights groups, and the reports already made by the special parliamentary committee and other investigations.

She asks the Prosecutor General to carry out a check:

of observance of environmental legislation, including the Aarhus Convention;

of information about the felling of trees and the number actually cut down;

the legality of the decisions taken and the bodily injuries incurred to members of the public taking part in protest at the Park, as well as of the obstruction to journalists carrying out their professional duties;

the lawfulness of the actions of police officers when putting  together material on administrative offences  with respect to D. Chernehy and A. Yevarnytsky.

She asks the Prosecutor General to provide a legal assessment of:

- violation of safety regulations during highly dangerous construction work;

- involvement of minors in carrying out such highly dangerous work in chopping down the trees;

- the lack of action by officers of the Dzerzhynsky Police Station in Kharkiv to examine complaints and reports of human rights violations.

She also asks for an assessment of the supervision carried out by the Kharkiv Regional Prosecutor over observance of constitutional rights, including environmental rights, as well as the law regarding examination of applications, complaints and reports on the events in Gorky Park.

She asks that those responsible for infringements identified face the liability established by law.

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