Dmytro Lubinets, the Verkhovna Rada’s Human Rights Commissioner, has spoken out about the possible mass revocation of lawful deferrals and the unlawful detention of conscripts at the Berehove District Military Registration and Enlistment Office and the Specialised Military Registration and Enlistment Office in Zakarpattia. According to him, this could have affected hundreds of people from various regions, and the evidence gathered has already been forwarded to the Specialised Prosecutor’s Office for Defence Affairs in the Western Region.
Briefly about the main points
- The Ombudsman has raised concerns about possible violations of the rights of those liable for military service in Berehove.
- Information regarding current deferrals could be altered without following the proper procedure.
- During July, a representative of the Ombudsman secured the release of 11 people; a further two were released during the visit.
- Problems with water, hygiene and laundry were reported at the assembly point.
- The Public Prosecutor’s Office is being asked to enter the details into the Unified Register of Pre-trial Investigations and to conduct an investigation.
How, according to the Ombudsman’s statement, the status of deferrals was changed
A representative of the Ombudsman in Transcarpathia carried out a monitoring visit to the Berehove Regional Centre for Social Services and Social Protection Andriy Kryuchkov. According to Dmytro Lubinets, for people with valid documents and legitimate grounds for deferral, the relevant details in the state information system could be deleted.
In some cases, the Ombudsman claims, this took place without a meeting of the relevant committee and without the necessary minutes being drawn up. Lubinec He also stated that the head of the Regional Territorial Coordination Centre could have entered knowingly false information into the system, and that reports from officials served as the basis for changing the status.
A deferral may be revoked if the legal basis for it no longer applies or has changed. At the same time, the procedure requires a valid legal basis, a competent decision and the formalisation of the procedure; the details may depend on the category of deferral.
Reports of people being detained and conditions at the assembly point
According to Lubinets, conscripts with valid documents could have been prevented from leaving the centre’s premises. During July, a representative of the Ombudsman secured the release of 11 people whom the Ombudsman’s Office considers to have been unlawfully detained. A further two citizens were released during a monitoring visit.
The inspection also revealed unsatisfactory living conditions at the reception centre. The Ombudsman reported problems with the sanitary conditions in the toilets, as well as a shortage of drinking water, bed linen, blankets and hygiene products.
The documents were forwarded to the public prosecutor’s office
According to Dmytro Lubinets, the actions described may constitute unlawful deprivation of liberty, unauthorised handling of information, forgery in the course of duty, and abuse of power or official authority by a military officer.
The Ombudsman has asked the Specialised Prosecutor’s Office for Defence Affairs in the Western Region to enter the details into the Unified Register of Pre-trial Investigations and to conduct an investigation. The legal assessment of the actions of specific officials, as well as the question of guilt, must be determined by law enforcement agencies and, where there are grounds to do so, by the court.
The Berehove incident and the preliminary investigation in Uzhhorod
Lubinec linked the situation to the need to strengthen oversight of compliance with the rights of those liable for military service. The Ombudsman’s Office had previously reported on irregularities in the work of other Territorial Recruitment Centres.
In June, several officials Uzhhorod Regional Centre for Technical and Vocational Education They have been notified of being under suspicion in a case concerning the possible abuse of official powers and unlawful deprivation of liberty. This is a separate set of proceedings and does not constitute evidence of the alleged violations at the Berehove Territorial Centre for Temporary Accommodation.
The investigation is intended to determine the extent of any changes to deferrals, their legal basis and the group of officials who may have adopted or implemented the relevant decisions.
