Employees of the TCC often resort to tricks in order to serve a summons to conscripted men. These schemes are sometimes so elaborate that even the court is not able to correct the situation later. Lawyer Roman Simutin talks about one of these schemes.
The lawyer told about the case when TCC employees illegally detained a man who was sent to the Military Commissariat without first serving a summons. The incident happened on January 15 at a checkpoint in Yaremche.
"The wife tried to challenge her husband's detention at the checkpoint and his delivery to the TCC in court. And what did the court decide? That the man voluntarily passed the VLK and voluntarily went to the army on the same day. At the same time, the court recognized that TCC employees are not authorized persons who have the right to detain citizens," says the lawyer.
The detainee's wife filed a complaint about the illegal detention of her husband in accordance with Art. 206 of the Criminal Procedure Code of Ukraine - general duties of a judge for the protection of human rights at the Nadvirnya District Court.
Details:
"At the checkpoint, the police and TCC found a man who, in their opinion, was evading mobilization. The documents were missing, but they managed to get access to the mobile phone and establish the identity through the Diya application, Simutin says.
With the help of the "Oberig" database, they found out that he was subject to a draft and offered to go to the TCC to clarify the data and carry out explanatory work.
The man voluntarily agreed to go to the TCC, passed the VLC and wrote an application for the issuance of a military ticket.
"On the same day, January 15, according to the order of the head of the TCC, he was sent to the disposal of a military unit, there was no illegal detention," the lawyer adds.
According to the documents provided by the TCC, the citizen voluntarily passed the VEK, received a military ID and was placed at the disposal of the military unit: no violations were found.
"The judge also drew attention to the fact that, according to the criminal procedural legislation, TCC employees are not authorized persons who have the right to detain citizens," Simutin emphasized.
Therefore, the husband was not a detained person in the sense of the criminal procedural legislation, so the powers of the investigating judge do not extend to the specified legal relationship. The judge suggested filing a lawsuit with the District Administrative Court.
"If you are subjected to physical detention, record illegal actions on video, report to 102, demand a meeting with a lawyer and do not sign anything. This is a much more effective method than the one described above," says the lawyer.
And we will remind you that there are more than enough violations in the work of the TCC - the military commissars indiscriminately "row" men, seeing in them only a resource for the implementation of the plan, and law enforcement and judicial bodies simply turn a blind eye to their arbitrariness.
Moreover, one of the most important violations is the deprivation of liberty of people whom the military commissars want to mobilize by force. Such citizens are simply grabbed by the hands, their identity cards and passports are taken away and they are forcibly taken to the TCC. And, if conscripts do not sign the summons, they are often not released from the TCC, their means of communication, telephones are taken away so that people cannot use their right to call a lawyer, call the police, or banally inform their relatives and friends where they are .
At the same time, in the TCC, official investigations into these episodes are carried out exclusively "to check the box", so high-profile incidents with military commissars are not decreasing, on the contrary, their number is increasing.
