Events 2022-07-15T07:05:36+03:00
Ukrainian news
Lawyer Kasko Talks Widespread Illegal Detentions, Setting Of Backbreaking Bails In Ukraine

Lawyer Kasko Talks Widespread Illegal Detentions, Setting Of Backbreaking Bails In Ukraine



Former deputy prosecutor general / lawyer Vitalii Kasko has told how widely spread the practice of illegal detentions and setting of backbreaking bails is in the context of the case upon embezzlement of a loan worth USD 20 million allocated by Kyiv-based Oschadbank (Savings Bank) state-run bank.

Ukrainian News agency learnt this from the lawyer himself.

He noted that the defendants in the case were not his clients, however, the cases he was engaged in had similar problems.

Kasko said that detentions under suspicion of committing a crime without respective court ruling was the most widespread violation of the Ukrainian law enforcement bodies of all types.

In compliance with the Constitution of Ukraine, such a detention is an option only in two cases: when a person is taken in the act of the crime or taken right after its commission for his/her further immediate delivery to court.

"For instance, most typical cases of the NACB provide for documented actions, which means they are not the ones taken right before the detention. For such cases, a preliminary court permit is mandatory. Acting in avoidance of the requirement is per se an unauthorized detention. So, they violate both the Constitution and Article 5 of the European Convention on Human Rights which protects the human right to freedom. That is a recipe for the ECHR that is already considering a lot of cases upon illegal detentions organized by Ukrainian investigators, including NACB detectives," the lawyer said.

At the same time, he said that a court in Strasburg had already declared such actions a violation in the context of the previous Criminal Procedure Code of Ukraine, and thus Ukrainian law enforcers should have already known about that.

The second systemic issue in the work of investigators, including the anticorruption ones, according to Kasko, is setting of unreasonably high bails.

"Per se, such high bails are nothing more than a zero-option arrest. That contradicts not only the European standards but is also totally prohibited by the Ukrainian Criminal Procedure Law (Section 4 of Article 182 of the Criminal Procedure Code). Respective cases will continue waiting for respective assessment from the European Court of Human Rights. All that does not play into the hands of the newly-reformed law enforcers who never learnt to work under the new standards and totally ignore human rights," Kasko said.

As Ukrainian News Agency earlier reported, the Specialized Anticorruption Prosecutor's Office (SACPO) has decided not to appeal against the arrest of and the bail set for the defendants in the case upon embezzlement of USD 20 million of Oschadbank.

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