Legal Qualification of Mass Unlawful Arrests and Deprivation of Liberty
Article 29 of the Constitution of Ukraine guarantees every person the right to liberty and personal security. No one may be arrested or detained except by a reasoned court decision and only on the grounds and in the manner prescribed by law. During the aggression by the Russian Federation, this provision is systematically and grossly violated: occupation forces conduct mass unlawful arrests, detentions, and holding of civilians without any judicial process, using "filtration camps" and improvised prisons.
Key Provisions of the Constitution of Ukraine
- “Every person has the right to liberty and personal security.”
- “No one may be arrested or detained except by a reasoned court decision and only on the grounds and in the manner prescribed by law.”
- “In cases of urgent necessity to prevent a crime or suppress it, authorized bodies may apply detention as a temporary preventive measure, the validity of which must be verified by a court within seventy-two hours. The detained person shall be immediately released if, within seventy-two hours from the moment of detention, a reasoned court decision on detention is not issued.”
Violation of Sovereign Guarantees: Unlawful detention of civilians by the occupation administration without Ukrainian court decisions constitutes a direct violation of Article 29 of the Constitution and is classified as a crime against freedom and human dignity (Articles 146 and 147 of the Criminal Code of Ukraine) and as a war crime (Article 438 of the Criminal Code of Ukraine).
Evidence of Violations (Secret Prisons and Detention Facilities)
- "Filtration Camps": Mass detention of civilians who underwent “filtration,” held for indefinite periods without official status or access to justice. Examples: Kherson, Donetsk, and Luhansk regions.
- Secret Detention Sites: Use of basements, empty buildings, and temporary holding facilities to detain abducted civilians, including journalists, activists, former officials, and veterans. Documented by human rights organizations and media.
- Inhuman Detention Conditions: Holding people in overcrowded cells, depriving them of food, water, medical care, and contact with the outside world, accompanied by psychological and physical abuse.
Connection with Other Articles
- Article 146 of the Criminal Code of Ukraine — Unlawful deprivation of liberty or abduction.
- Article 147 of the Criminal Code of Ukraine — Hostage-taking, if detention is carried out to coerce a third party.
- Article 127 of the Criminal Code of Ukraine — Torture applied during unlawful detention.
- Article 438 of the Criminal Code of Ukraine — Violation of the laws and customs of war, classified as a war crime.
Legal Consequences
Article 29 of the Constitution serves as a fundamental guarantee, violation of which provides grounds for:
- Criminal prosecution of direct perpetrators of unlawful arrests and detention of civilians.
- Holding commanders and members of occupation forces accountable for systematic use of unlawful detentions.
- Using documented evidence in international investigations and tribunals to hold the Russian Federation accountable.
Sources
- Constitution of Ukraine: Article 29 (Text)
- Related Article: Article 146 of the Criminal Code of Ukraine (Unlawful Deprivation of Liberty) →
- Related Article: Article 438 of the Criminal Code of Ukraine (Violation of the Laws of War) →
© 1996 — Constitution of Ukraine. Analysis of Violations.
Source: The Aggression Archive