Deviators or illegally detained: the lawyer about an incident in Kyiv Jugendhub nightclub

12 young people from 30 detained in Kyiv Jugendhub nightclub were avoiding military service. Valery Dendebera, Deputy Head of the Directorate for Recruitment of the Main Directorate of the Staff of the Armed Forces of Ukraine has claimed about it at the briefing.

He noted that now these 12 guys are ‘passing the medical examinations and professionally psychological selection’. As of colonel’s words according to the results of the passage of the commission for each person, a decision will be made: to call, grant a respite or even to release from the service.

The head of Practice of conflict management in Law Firm ‘Juscutum’ Ksenia Prokonova noted in the commentary to the correspondent of that two actions had happened together in the club: a search by a court decision and an operation to increase the number of recruits, conducted by the police and the Kyiv military registration and enlistment office. But at today’s moment, according to lawyer’s words, there is no any documental cooperation between police and enlistment office. There are also no protocols about detention of people in the nightclub.

‘This means that people were detained at night and had been held nearly a day and it wasn’t registered in the documents. Thus, people were simply deprived of their liberty without any legal grounds, which violated the constitutional rights of Ukrainian citizens’, Prokonova noted.

She also claimed that law enforcements exceeded their official duties during the search. A physical force was applied to the visitors of the institution during the operation. The representatives of law enforcement agencies didn’t explain to the persons to whom such actions were applied, their rights and obligations before the conduct of the investigative action. Also, property was illegally seized – personalia, money.

Attorney also noted that ‘without the will and consent of the detainees, they were handed over to the military registration and enlistment office, where they were held without their will and consent, without the ability to move freely, were held without ground, allegedly for checking information on possible evasion from military service’.

According to Prokonova’s opinion ‘this time the recruitment procedure was broken’. Lawyer considers that such ‘operations’ further could be done a lot of times, if recruitment offices don’t begin to look for draftees in social media, deliver services, mobile numbers. Enlistment offices consider evasion even a fact that man didn’t receive agenda. But, Prokonova accented that agendas are sent on the place of address registration, but half of Kyiv population is registered in the other cities of Ukraine. Considering such cases, person can’t physically receive such an agenda.

The attorney answered on a question what to do in such a situation that first of all you need try to find a connection possibility to call a lawyer and report about owns location. She noted that there are free legal aid centers from which you can call a lawyer. In this situation, both the police and the military registration and enlistment office conducted their ‘events’ with violations.

There is a need to involve people in military service by more peaceful methods. People can’t be violently held and called all deviators. There is a register of persons liable for military service and those who are wanted. It’s in the public domain’, Prokonova resumed.

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