CCC employees often resort to tricks to serve summonses to men who are conscripted. These schemes are sometimes so well thought out that even the court is unable to rectify the situation later. Lawyer Roman Simutin tells about one such scheme.
The lawyer told about a case when CCC employees, without prior service of a summons, illegally detained a man who was taken to the military registration and enlistment office. The incident occurred on January 15 at a checkpoint in Yaremche.
“The wife tried to appeal in court the detention of her husband at the checkpoint and his delivery to the CCC. And what did the court decide? That the husband voluntarily passed the VLK and voluntarily went to the army on the same day. At the same time, the court recognized that CCC employees are not authorized persons who have the right to detain citizens,” says the lawyer.
The detainee's wife filed a complaint against her husband's illegal detention under Article 206 of the Code of Criminal Procedure of Ukraine - general duties of a judge for the protection of human rights to the Nadvirna District Court.
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“At the checkpoint, police and the CCC found a man who, in their opinion, was evading mobilization. There were no documents, but they managed to access his mobile phone and identify him through the “Diya” app,” says Simutin.
With the help of the “Oberig” database, they discovered that he was subject to conscription and suggested going to the CCC to clarify the data and conduct explanatory work.
The man voluntarily agreed to go to the CCC, passed the military service examination and wrote an application for a military ID card.
“On the same day, January 15, according to the order of the head of the CCC, he was sent to the disposal of a military unit, there was no illegal detention,” the lawyer adds.
According to the documents provided to the CCC, the citizen voluntarily passed the military service, received a military ID card, and was assigned to the military unit: no violations were found.
“The judge also drew attention to the fact that, according to criminal procedural legislation, CCC employees are not authorized persons who have the right to detain citizens,” Simutin emphasized.
Therefore, the man was not a detained person within the meaning of criminal procedural legislation, so the powers of the investigating judge do not apply to the aforementioned legal relationship. The judge suggested filing a lawsuit with the district administrative court.
“If you are being physically detained, record the 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 CCC - military commissars indiscriminately "row" men, seeing them only as a resource for implementing the plan, while law enforcement and judicial authorities simply turn a blind eye to their arbitrariness.
Moreover, one of the most important violations is the deprivation of liberty of people whom military commissariats want to mobilize forcibly. Such citizens are simply grabbed by the hands, their ID cards and passports are taken away, and they are forcibly taken to the CCC. And if those liable for military service do not sign the summons, they are often not released from the CCC, their means of communication and telephones are taken away, so that people cannot exercise their right to call a lawyer, call the police, or simply inform their relatives and friends where they are.
At the same time, the CCC conducts official investigations into these episodes exclusively "for show", so the number of high-profile incidents with military registration and enlistment offices is not decreasing, but, on the contrary, is increasing.
