Campaign concerning the brutal violations of human rights in the case of O. Nechaev
On 4 November 2003 the Kharkov group for human rights protection turned to law-enforcing organs with the demand to stop the brutal violations of fundamental human rights in the case of O. Nechaev, who was detained on 14 October 2003 in Simferopol. The KhG asked all its regional partners in the project “Campaign against torture and cruel treatment in Ukraine” to endorse this appeal.
To the Ministry of Justice of Ukraine
To the Ministry of Interior of Ukraine
To the prosecutors office of Ukraine
To ombudsperson of Ukraine
The Kharkov group for human rights protection has the information that on 14 October 2003 Aleksey Nechaev was detained in Simferopol on the basis of the permission issued by the Pecherskiy district court of Kyiv according to part 4 Article 165-2 of the Criminal-Procedural Code of Ukraine.
According to our data, Nechaev is still kept in the Simferopol preliminary prison. He was not taken to a judge for the check of the legality of the detention. Nechaevs relatives were not informed either about his detention or about the place, where he was kept. The advocate was not admitted to him during four days.
We also learned that the detention of O. Nechaev interrupted his treatment in the Alushta town hospital. The treatment was connected with chronic diseases of internal, and in custody Nechaev cannot get the adequate medical aid.
The Kharkov group for human rights protection is extremely alarmed with the complex of brutal violations of the Ukrainian Constitution and the Convention on the protection of human rights and fundamental freedoms connected with Nechaevs detention.
Article 29 of the Constitution of Ukraine stipulates that the legality of a detention must be verified by court within 72 hours. By today the term of the detention of Nechaev lasts more than 21 days. This situation not only violates the Constitution, but also breaks Article 5 of the Convention on the protection of human rights and fundamental freedoms, which states that any person, which was detained because of the suspicion of some crime, must stand before a judge for the check of the legality of the detention. Article 29 of the Constitution, which reads that relatives must be informed about the detention and the further lot of the suspected, was also violated.
Deprivation of the detained of the legal aid during four days not only violates the criminal-procedural legislation of Ukraine, but also contradicts a number of international documents and the common principles of just legal procedure.
Holding in custody of a person, who has serious health problems, without adequate medical aid may be regarded as inhumane treatment, which transgresses Article 28 of the Ukrainian Constitution, Article 3 of the Convention on the protection of human rights and fundamental freedoms and other international documents.
The Kharkov group for human rights protection turns to you with the request to apply all your authorities to put an end to the flagrant violations of O. Nechaevs fundamental rights that are guaranteed by the Constitution of Ukraine and international documents concerning human rights protection.
“Prava ludyny” commentary: similar letters were sent by four more human rights protecting organizations. Owing to the professional aid rendered by advocate Lisovoy and the interference of human rights protecting organizations, Nechaev was released after the had given a written undertaking not to leave a place.