The protection of detainees in Kyiv nightclub Jugendhub claims that law enforcement officers exceeded their duties during a search the night of 28 October 2017 at 02:00 when he was arrested with drugs 17. This is stated in the joint official statement of the law company Miller and Juscutum attorneys whom represent the interests of the detainees.
According to the lawyer Ksenia Prokonova, law enforcement officers did not present a ruling of the investigating judge about the investigation than had been violated part 3 of article 236 of the Criminal procedure code.
She noted that there was physical force was applied to the visitors than it was committed a criminal offense, under article 365 of the Criminal code
The lawyer said that before the conduct of investigative actions, law enforcement officials explained to the persons to be applied to such action, their rights and responsibilities under the Criminal code, and the responsibility, established by law, thus violating part 3 of article 223 of the CCP.
According to the lawyers, seized property without compliance with article 236 of the criminal procedure code.
“Searches were conducted in other areas not specified in the regulation than had violated article 30 of the Constitution of Ukraine and part 5 of article 236 of the criminal procedure code. Also was searched almost all visitors, in violation of the norms of part 3 of article 208, article 223, 236 of the Criminal procedural code”, – underlined in the message.
“Still unclear on the basis of what normative document more than two dozen people were sent to the Desna military Commissariat. Such actions do not provide any normative document”, – is spoken in the message.
The lawyer of the company Miller novel Stoichev said in Facebook that in this case citizens were detained during the search, they were never provided with a counsel from the moment of their detention.
“In the future, without their will and consent they were handed over to the military enlistment office, where they are held without their will and consent, the possibility to move freely, without thoroughly hold, ostensibly to check the information about the possible evasion of military service, while trying to conduct a medical examination, send to the place of service, it is possible to perform any other actions. In this case, the procedure of conscription, in my opinion, violated in fact, in the face of unlawful detention/retention individuals( imprisonment)”, – he stressed.
Representatives of the nightclub said in Facebook: “Besides the fact that many were taken and they still are in the police or in the military on DVRZ, the visitors used excessive physical force – there are stains of blood on the floor! Stolen personal belongings, bar, appliances, even clothes – all of the club carried the bags.”
October 28, in Kiev during a search in a nightclub, was detained 17 people with drugs. According to the national police of Kiev, in a place of entertainment identified 11 children and 32 people who refuse to call for military service.