Beating of a lawyer in Kharkiv: what is known about the incident in the premises of the MME
When the lawyer began to record violations of her client's rights in the premises of the military medical commission, the defender was pushed out of the room by physical force and her belongings were thrown away. The Verkhovna Rada became interested in the incident, and the Ombudsman took the case under his personal control.
On January 9, Yulia Palagina, who provided professional legal assistance to a person liable for military service, arrived at the premises of the MME. The day before, her client was detained in the Shevchenkivskyi District Territorial Center for Recruitment and Social Support in Kharkiv and forced to undergo a medical examination. So the lawyer was looking for evidence of the examination. Initially, she was informed that the person had already undergone a medical examination, was found fit for military service and sent back to the TCC for further mobilization. However, no documentary evidence was provided.
Since the man's whereabouts were unknown, the lawyer called the police to document the violation of the procedure. But immediately afterwards, a man in military uniform, who had previously checked Yulia Palagina's documents and credentials, ordered her to leave the premises.
«I refused, explaining that I was on the territory of a civilian hospital waiting for the police. In response, this man said (literally): «Either come out nice or it will be bad». I asked him what I meant by that, and he grabbed me and began to force me out of the room. It is clear that I was defending myself. And the more actively I defended myself, the more aggressive he became and struck harder... After pushing me out of the room, they kept my belongings and documents containing the attorney-client privilege... Only after a while one of them opened the door and threw my things on the floor», - the lawyer told about the incident. - All this was happening in front of the medical staff and visitors of the hospital, who tried to call the offender to reason.
Later, the police did arrive at the scene and the crime was registered in the Unified Register of Pre-trial Investigations. Palagina also appealed to the Bar Council of Kharkiv Region and the Committee for the Protection of Lawyers' Rights, and the examination confirmed the existence of bodily injuries.
«The servicemen of the Shevchenkivskyi RTCC and SS violated the right to personal inviolability guaranteed by the Constitution of Ukraine, violated the rights and guarantees of the practice of law guaranteed by the Law on the Bar and Practice of Law», - the representatives of the Kharkiv Regional Bar Council assessed the incident in a video.
The bar self-government body reported that eyewitnesses to the incident had already been interviewed. And they gave positive information about the professional, ethical behavior of the advocate, who acted within the framework of the concluded agreement using the rights to file petitions, applications, appeals and obtain information about his client. There were no provocative or other actions that could be qualified as going beyond the limits of the advocate's ethical behavior.
The advocate informed the persons in military uniforms about her procedural status, providing them with her ID and informing them of her powers in relation to her client. In response, physical force was used against Yulia Palagina. She was pushed out of the room, hit in the torso and head, disrespected both her personality and professional affiliation, used both physical force and resorted to humiliation of the honor and dignity of the person, used sexist statements that humiliated the professional due to her being a woman, the SAR explained. «The only fair conclusion to this story is a verdict», - said Viktoria Gaivoronska, head of the Kharkiv Regional Bar Council.
In connection with the incident, MP Viktoriia Kinzburska appealed to the Main Department of the National Police in Kharkiv Region, the Territorial Department of the State Bureau of Investigation, the Head of the Specialized Defense Prosecutor's Office in the Eastern Region, and the Ukrainian Parliament Commissioner for Human Rights. The MP draws attention to a gross violation of a number of rights guaranteed by the Constitution of Ukraine, in particular: the constitutional right to professional legal assistance, which, in accordance with the Law of Ukraine «On the Bar and Practice of Law», Y. Palagina tried to provide to her client, as well as her constitutional right to personal inviolability.
The Ombudsman immediately responded to the situation: «I am grateful for the appeal. I am aware of this situation, it is already in progress. The relevant letters have been sent. I am taking it under my personal control», - said Dmytro Lubinets.
According to available information, the investigation is currently underway.
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