국제앰네스티는 우크라이나당국에 법원의 강제 정신감정 명령 뒤 은신하고 있는 노동조합 활동가에 대한 괴롭힘을 당장 중단할 것을 권고했다.
우크라이나 남서쪽에 있는 빈예츠야(Vinnytsya) 지방법원은 지난 10월 29일 노동조합 활동가인 안드레 본다렝코(Andrei Bondarenko)에게 “자신 및 다른 사람의 과도한 권리 인지”와 “비현실적인 방법을 통해 이 권리들을 지키기 위한 제어 불가능한 준비”를 이유로 정신감정을 명령했다.
안드레이 본다렝코는 정신질환을 앓은 적이 없으며 이미 세 번의 정신감정을 통하여 그가 정상임을 증명했다.
이번 법정의 결정은 최근 몇 명의 활동가에 대한 모욕행위와 괴롭힘의 연장선에 있다.
국제앰네스티 헤더 멕길(Heather McGill) 우크라이나 전문가는 “현재 안드레 본다렝코가 정당한 노동조합 활동과 인권활동을 이유로 강제적 정신감정을 받을 수도 있는 심각한 위험에 처했다”며 “어떠한 검사도 빈예츠야 지역 밖에 있는 공식적으로 인정된 정신과 전문의를 통해 이뤄져야 한다. 본다렝코가 취할 수 있는 모든 법적 대응을 마칠 때까지 어떠한 치료조치도 받아선 안 된다”고 밝혔다.
UKRAINE MUST STOP HARASSMENT OF TRADE UNION ACTIVIST
4 November 2010Amnesty International has urged the Ukraine authorities to stop the harassment of a trade union activist who remains in hiding after a court ordered him to undergo a forced psychiatric examination last week.
A court in Vinnytsya, south west Ukraine on 29 October granted the order for an examination after prosecutors argued that Andrei Bondarenko has an “excessive awareness of his own and others’ rights” and an “uncontrollable readiness to defend these rights in unrealistic ways.”
Andrei Bondarenko has no record of mental illness and has already undergone three psychiatric examinations to prove his sanity. The most recent examination took place in October.
The court ruling against Andrei Bondarenko comes in the wake of a number of recent cases in which activists have been assaulted and harassed in the last few months.
“There is a very real concern that Andrei Bondarenko will be subjected to a forced psychiatric examination because of his legitimate trade union and human rights activities,” said Heather McGill Amnesty International’s expert on Ukraine.
“Any examination should be conducted outside of the Vinnytsya region by an officially recognized psychiatrist to ensure impartiality. Andrei Bondarenko should not be subjected to any treatment until he has exhausted all legal channels.”
Andrei Bondarenko has campaigned for the rights of employees in Vinnytsya region since 2006. His work has often exposed the unlawful and irresponsible behaviour of local officials.
In August 2010 he founded an NGO called Movement for a Corruption Free Vinnytsya Region Prosecutor’s Office.
Andrei Bondarenko also appears to have angered the authorities with his work in defence of the rights of sugar factory workers.
These seasonal workers are employed for only a few months a year after the sugar beet harvest and are frequently not paid.
Many of these factories are officially owned by shadow companies, although in fact the real owners are influential local people many of them high up in the local administration.
Andrei Bondarenko started a campaign of taking the shadow companies to court to demand payment of wages. According to one prosecutor’s statement, he started 80 such cases in 2008 alone.
The trade unionist was not present at his trail on Friday and was represented by two civil defenders and a lawyer, who was ordered out of the court by a panel of judges.
The recent harassment of other activists points to a worsening climate for human rights in the Ukraine.
On 15 October, police in Vinnytsya searched the house and office of Dmytro Groysman, the chair of Vinnytsya Human Rights Group, which supports asylum-seekers and campaigns against torture.
Police questioned staff about their work, and confiscated over 300 items, including UNHCR files, computer discs, memory sticks and a laptop.
Andrei Fedosov, the chair of a mental disability rights organization, Uzer, was assaulted by unknown men in May, after receiving threatening phone calls in April. Police took no action. In July he was detained for a day in relation to a crime allegedly committed 10 years ago when he was 15 years old.
“All these activists appear to have been targeted because of their legitimate work. The Ukrainian authorities must ensure that human rights defenders can carry out their activities unhindered and protect them against any violence, threats and retaliation,” said Heather McGill.