Veteran Dmytryshyn detained after protests against heating pipeline in Teremky: defense alleges violations
In Kyiv, law enforcement officers conducted a search and detained veteran and activist Liubomyr Dmytryshyn following protests in Teremky. His lawyers allege violations during his detention and the search and are already challenging the lawfulness of his deprivation of liberty.
The Miller law firm reported this, Censor.NET reports.
Veteran took part in protests against heating pipeline construction
Officers arrived to search the home of activist and military veteran Liubomyr Dmytryshyn after he participated in a protest against heating pipeline construction in Teremky. The search took place as part of criminal proceedings opened following the protests.
In brief: the activists opposed routing part of the heating pipeline through a green space and proposed an alternative route.
Following these events, law enforcement officers began investigative actions concerning individual participants in the protests.
Lawyers allege violations during detention
In our client's case, we see a number of problems.
-
The activist was detained without being told why or on what grounds. What this violates: Article 208(4) of Ukraine's Criminal Procedure Code requires law enforcement officers to explain immediately to a detained person why they have been detained and what criminal offense they are suspected of committing. The same guarantees are provided by Article 29(4) of Ukraine's Constitution and Article 5(2) of the European Convention on Human Rights. The purpose of these provisions is simple: a person must understand why they have been deprived of their liberty and be able to challenge their detention.
-
Physical force was used against him during the search without justification.
What was violated: we believe the actions of certain police officers may contain elements of a criminal offense under Article 365 of Ukraine's Criminal Code.
-
We will therefore seek to initiate criminal proceedings to ensure that all the circumstances surrounding the injuries inflicted on our client are properly examined and that the conduct of the police officers involved is legally assessed.
-
Police officers also committed a number of violations during the search.
In particular, the investigator and operational officers did not provide any documents confirming their authority to conduct this search.
-
The court order authorizing the search itself contained errors in both the addresses and the veteran's surname.
-
The investigators also failed to ensure continuous video recording and explained the applicable rights and the search procedure only after the search had ended.
-
In addition, during the search, investigators seized a mobile phone and laptop belonging to the veteran's wife without justification. At the scene, she immediately gave investigators access to inspect the phone and copy all the information needed for the investigation. This was despite the fact that she had not been involved in the protests.
Lawyers apply for judicial review of the lawfulness of detention
"We have already filed an application with the court to review the lawfulness of the activist's detention. We will also provide a legal assessment of each of these incidents. But they already concern fundamental guarantees: the right to liberty, the inviolability of the home, privacy, protection against disproportionate state interference and the right to peaceful assembly," the firm stressed.
The lawyers noted that participating in a protest does not exempt a person from liability for a possible offense. But criminal proceedings do not give the state the right to lower the standard of protection for that person's rights.
"That is precisely why we view these actions collectively as pressure on activists," the lawyers added.
