HIV Legal Aid. Региональная сеть правовой помощи людям с ВИЧ

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Decisions of national courts

Verdict by the District Court of Ternopol issued on July 30, 2015


On 26 March 2015 Person_1 saw a paper bag packed with milled cannabis near the trash tank. He decided to gather and put it in the inside pocket of his jacket.  

            Later on police officers detained Person_1 for committing the administrative malfeasance – disorderly conduct. The substance of the malfeasance consisted in usage of foul language by Person_1 when relating to his friends. Nobody except police officers, the accused himself and his two friends witnessed this situation.

            The respective police officers without engaging witnesses searched Person_1, seized the paper bag with cannabis and then convoyed him to the Department for Combating Drug Trafficking of the Ternopol city department of the Ministry of Internal Affairs of Ukraine. The search and seizure of the drugs were not officially protocolled.

            The detention of Person_1 was notified neither to his relatives nor to the administration of the educational institution which Person_1 was a student of.

            In the course of the trial the accused claimed that the police officers put mental and physiologic pressure in order to make him confess for committing a crime, and the evidence of his guilt had been falsified by the investigative agencies.    

            Taking into account the fact that the major part of the evidence provided by the investigative authorities was found inadmissible on the ground that the investigative authorities violated the procedure (in particular – expert opinion on the composition of the vegetable substance seized from the accused), the court concluded that the claims of the accused on the falsification are to be veracious.

            The court noticed that since the investigative authorities failed to provide any evidence in favor of the fact that the accused had committed an administrative malfeasance, the lawfulness of the detention and of any further investigative actions are subject to serious doubt. The court concluded that, the right of the accused to the protection was violated as well. 

            The court acquitted Person_1 because of the lack of evidence of his guilt.

            The text of the verdict in Russian is accessible by the following link:

            The original text of the verdict in Ukrainian is accessible by the following link:


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Важнейшие проблемы, стоящие перед людьми, невозможно решить на том уровне мышления, на котором мы находились, создавая их
Альберт Эйнштейн


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