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APPEAL for International Human Rights Organization International Amnesty

International Human Rights Organization

International Amnesty

Pesotskiy Nikolay,

Pervaya Slavyanskaya St. 2-a,

Luhansk, Ukraine, 91031

tel. 8 (0642) 50-52-77

APPEAL

I, Pesotskiy Nikolay Fyodorovich, address my requests to you about illegal criminal prosecution against me, breech of freedom of speech and thought, expression of views and creeds connected with my political and public activity.

I am the chairman of the political party National Labour Union of Ukraine. I have an active social and political position an am the author of a number of books and articles in mass media.

My article Tabor uhodit v nebo (that can be translated as Crowd leaves for heaven) was published in the newspapers Vecherniy Lugansk 29 (445), 29.07.2009 and Molodogvardeyets 29 (327), 29.07.2009. In the article I express my opinion that personnel policy of local authorities does not favour the development of the region. The article had a form of an open letter to the head of regional council Mr. Golenko V. N.

I believe that many positions in local authorities are occupied by people who do not know specific character of the region, are unprofessional and inexperienced to solve the important regions problems or just do not want to do that.

According to article 34 of the Constitution of Ukraine everyone is guaranteed the right to freedom of thought and speech, and to the free expression of his or her views and beliefs. Everyone has the right to freely collect, store, use and disseminate information by oral, written or other means of his or her choice.

Article 10 of The European Convention on Human Rights 1950 reads that everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

According to article 19 of the International Covenant on Civil and Political Rights everyone shall have the right to hold opinions without interference

Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

In the article Tabor uhodit v nebo (Crowd leaves for heaven) I dispute the personnel policy when in key positions in our region we see people who are not professionals, who do not know specific character of the region, who have no progress in their work, but who lobby for someones interests not the interests of the population of Luhansk region.

The mentioned article does not contain any calls for racial or national discrimination, also it does not aim inflaming national or racial hostility, or eliminating national dignity.

At the same time, in accordance with an enactment of acting public prosecutor in Lugansk region - Reva A.A. of September 02. 2009, there were instituted legal proceedings against Pesotskyi N.F. concerning violation of human rights equality upon ones race or nationality, in accordance with corpus delicti, provided by article 161 part 1 of Criminal Code of Ukraine.

The given criminal case is lead by Voronko K.N., a senior investigator of the Investigating Department of Lugansk regional Office of Public Prosecutor.

The enactment was not timely delivered to me by a public prosecutor in defiance of the article 98-2 of Criminal Procedure Code of Ukraine. According to the covering letter of the investigator, a copy of the mentioned enactment was sent to me on September 07. 2009.

The mentioned enactment is illegal, as the legal proceedings were instituted without any reasons, with violation of Criminal Procedure Code of Ukraine, in particular articles 94, 97, 98, 130 of Criminal Procedure Code of Ukraine.

According to the acting Criminal Procedure Code of Ukraine legal proceedings are to be instituted in the presence of reasons, those calling forth criminal-procedure activities and precede a prejudicial inquiry.

As mentioned in the enactment, in the Vecherniy Lugansk 29 (445), 29.07.2009, Pesotskyi N.F. published an article under the name Tabor uhodit v nebo (Crowd leaves for heaven), where he wrote, that non-Slavonic people are appointed to leading state posts in Lugansk and region ┅ ( for strengthening the clannish hierarchy of newcomers), which, in its turn negatively influences social life of natives. Further in the enactment it is indicated that the given quotations humiliate national dignity and inflame international dissention.

In the article Tabor uhodit v nebo (Crowd leaves for heaven) any nationality is negatively mentioned, as well as no preferences given to any nation. At the same time, in the motivation part of the enactment, with references to the article Tabor uhodit v nebo (Crowd leaves for heaven), the content of the article is distorted, the public prosecutors conclusion on humiliation of national dignity and inflaming international dissention was based upon insinuations and was not supported by any impartial data.

Furthermore the motivation part of the enactment indicates that in the evidences there is enough information supporting presence of crime characteristic provided by article 161, part 2 of Criminal Code of Ukraine.

At the same time, as the resolution part of the enactment reads, the legal proceedings were instituted according to the crime characteristic provided by article 161, part 1 of Criminal Code of Ukraine, but not according to the crime characteristic, provided by article 161, part 2 of Criminal Code of Ukraine.

Content analyses of the article Tabor uhodit v nebo (Crowd leaves for heaven) published in the newspapers Vecherniy Lugansk 29 (445), 29.07.2009 and Molodogvardeyets 29 (327), 29.07.2009 shows crimelessness of my activity. Decision to start criminal case against me is based on supposition and insinuations and has neither real evidence nor reason.

I think that illegal decision to start criminal case against me restricts my right to freedom of thought and speech, and to the free expression of my views and beliefs; and persecution of my views and beliefs.

On the ground of the premises I ask you to take steps and protect me from illegal persecution, breech of my rights to freedom of thought and speech, and to the free expression of my views and beliefs.

Enclosure.

1. Copy of the enactment of September 02. 2009.

2. Copy of the covering letter of the investigator of September 09. 2009.

3. Copy of the article Tabor uhodit v nebo (Crowd leaves for heaven) published in the newspapers Vecherniy Lugansk 29 (445), 29.07.2009 by Nikolay Pesotskiy.

_____________2009 Nikolay Pesotskiy





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