The Primorsky District Court of Odesa has handed down a final sentence to a serviceman of the Territorial Defence Forces: seven years’ imprisonment in a case involving unlawful deprivation of liberty or kidnapping committed by a group of individuals, and torture. The court approved the plea agreement between the prosecutor and the defendant. The verdict, handed down on 7 September, may be appealed within 30 days.
Briefly about the main points
- The court of first instance sentenced the TCC serviceman to seven years’ imprisonment.
- A plea agreement was reached between the prosecutor and the defendant.
- The court also banned the convicted person from working in the field of mobilisation for three years.
- The time spent in pre-trial detention was credited against the sentence on a day-for-day basis.
- Until the sentence becomes final, the convicted person will remain in the Odesa Remand Centre.
The court has clarified the respective powers of the TCC and the police
The judgement states that the defendant was charged with unlawful deprivation of liberty or kidnapping, committed by a group of individuals, as well as torture. The court noted: members of the alert group TCC are not permitted to use physical coercion or to effectively deprive a person of their freedom of movement.
The authority to carry out administrative detention and to take a person to a temporary detention centre lies with staff members National Police. Representatives of the Military Registration and Enlistment Centre may check military registration documents, ask individuals to come to the centre and serve summonses; any refusal to accept a summons is recorded in an official report.
How the court determined the sentence and procedural status
For the offence of unlawful deprivation of liberty or abduction, the court imposed a five-year prison sentence; for torture, a seven-year sentence. In view of the combination of offences, the less severe sentence was absorbed by the more severe one. The convicted man was also barred for three years from holding positions in government departments RTCC and joint ventures relating to mobilisation measures, or to carry out such activities.
The court took into account the defendant’s sincere remorse and active cooperation in the investigation of the offence; no aggravating circumstances were found. The victim agreed to the settlement in writing, and no civil claim was brought. The period of pre-trial detention from 12 June was credited on a day-for-day basis, and the convicted person will remain in custody at the Odesa Remand Centre until the judgment becomes final.
