En Ru Ua

14.11.2016

Those arrested in Crimea on charges of sabotage are deprived of the right to defence

dudka-2Crimean Human Rights Group (CHRG) has documented violations of the right to protection in the case of the accused in sabotage Crimean Vladimir Dudka.

The lawyer, who was attracted by the relatives of  Vladimir Dudka, that was detained in Crimea, for his defence, was not warned about the conduction of the interrogation of the defendant.

On the evening 12 November, “the investigator of RCFSS of Russia and the city of Sevastopol” interrogated Vladimir Dudka in the presence of court-appointed lawyer Akulenko Oksana. She is likely to have been summoned by an investigator on a call. At the same time, the independent lawyer was not notified regarding the investigative activities.

The experts of CHRG believe that the FSS keeps detained Crimean so the lawyers could not represent him during the investigation.

It is important to note that according to the norms of the Criminal Code of the Russian Federation, which are in fact used in Crimea, a court-appointed lawyer is attracted the case of absence of a lawyer.

In case of absence of a lawyer under the agreement within 5 days from the date of the application request for the invitation of the defender the investigator or the court may suggest to invite another defender for the suspect. If the accused refuses to choose a lawyer, then the court-appointed lawyer can be called, if a lawyer on agreement did not appear within 24 hours after the arrest or detention, then the investigator takes measures for the defence purpose.

However, in the case of Vladimir Dudkathere is no reason to call a court-appointed lawyer, because he has a lawyer, attracted by relatives.

Moreover, the appointed lawyer Akulenko was not on duty at that time according to the schedule on duty lawyers. In this regard, it looks strange that she (rather than duty lawyers) has been directed to participate in the proceedings of the case of Dudka. It is a violation of the rights to defence ofthe Crimean and evidences collected in this way are unacceptable.

Oksana Akulenko was court-appointed defender also in other politically motivated criminal cases. She was acourt-appointed lawyer for Andrei Zahtey that was detained in August for the first “case of saboteurs”. She did not carry out her duties as the defender, did not appeal the actions of investigators, did not fix tortures, and did not collect evidence of innocence of her client.

Thus, there are legitimate concerns that the lawyer Akulenko will not protect the interests of Vladimir Dudka, and her formal participation will be used by investigators to hinder the work of independent lawyers.

Earlier, on 10 November 2016 according to the decree of “Leninsky District Court of Sevastopol” Vladimir Dudka was given a preventive measure in the form of imprisonment, followed by his transfer to the Pre-detention Center-1 of Simferopol. However, so far he was not delivered to Pre-detention Center-1. From 9 Novemberhis whereabouts are unknown. Neither relatives nor lawyers, attracted by the family, cannot receive information about his whereabouts and organize a meeting with him.

Experts of CHRG and relatives consider that all three of the detainees are in a temporary detention facility in the city of Bakhchisarai.

News

31.07.2017

Crimean citizens are recruited into the Russian army in violation of the Geneva Convention on the Protection of Civilian Persons in Time of WarOn 30 July, 2017 another action was held in Sevastopol calling to serve under the contract in the Russian army. The citizens of Sevastopol again were recruited for military service. At the so-called “point of selection for military service on a contract basis” they distributed booklets with agitation to serve in separate coastal defence brigade 126 and in landing ships brigade 197 of the Black Sea Fleet of the Russian Federation. Agitation was held in Sevastopol during the celebration of the day of the Navy on Nakhimov Square. According to the Crimea.Realii website, an exhibition of land military equipment was held on the same square; The exhibition included: a mobile coastal anti-ship missile system “Bastion” with a unified homing missile “Yakhont”, a mobile command and staff radio station, a floating wheeled armoured personnel carrier, an anti-aircraft missile system S-300 “Favorit” for the destruction of modern and prospective aircraft, a 122 mm missile-antiaircraft complex Grad, a multiple launch rocket system “Uragan”, an anti-aircraft missile system “Pantsir”, an air defence missile system “Osa”, a charging car, a self-propelled artillery “Gvozdika”. According to Russian media, the occupation authorities held a naval parade in the city, where military a demonstration fire was organized. The event began with the entrance of the three-masted sailing frigate “Khersones” to the Sevastopol Bay, at which students of the Ukrainian University (Kerch State Maritime Technological University) earlier had a maritime practice. According to local and Russian media, the training ship “Perekop”, missile cruiser “Moscow” and the diesel-electric submarine “Stary Oskol”, as well as the naval aviation Ka-27 helicopters and Su-30SM fighters, also took part in the military parade. Such actions of the Russian Federation in the territory of Ukraine, which was occupied by it, grossly violate international humanitarian law and are prohibited by international conventions. The Crimean Human Rights Group (CHRG) earlier recorded the holding of similar agitation events for military service in the Russian army in the occupied peninsula. We remind you that Article 51 of the Geneva Convention on the Protection of Civilian Persons in Time of War explicitly prohibits the invocation of an occupying power in the occupied territory. The head of the CHRG, Olga Skrypnik, noted that among other things the Convention prohibits propaganda of the military conscription in the occupied territories, including all the advertising posters, various “patriotic” events in schools and universities where people are called to go to the Russian army. Both contractual and regular service are under the ban. Photos of the mobile point of military drafting and promotional booklets were made on 30 July in Sevastopol.

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