What should you do if you are detained by representatives of the TCC?

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Borevych Mariia

Lawyer

Ukraine / Kyiv

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Publication date: 15.10.2024

I am your personal lawyer. My goal is to help the client find the best solutions for current legal issues.

Detention is a short-term restriction of a person's freedom, carried out by competent authorities (for example, the police, TCC and SP, military, representatives of law enforcement agencies) for the purpose of checking the person, preventing a crime or ensuring the execution of court decisions or in connection with violations of mobilization legislation. Detention can be carried out if there are sufficient grounds to believe that a person has committed a crime or to ensure his presence during the investigation. If you have been detained by a representative of the TCC - territorial center of recruitment and social support, it is important to know your rights and follow certain steps.

Algorithm of actions in case you are detained by representatives of the TCC:

• Remain calm and ask the reason for the detention: do not panic or become aggressive, even if you are detained against your will. Keep calm and behave discreetly. Representatives of the TCC are obliged to explain on what grounds they are detaining you and what purpose they are pursuing. Ask if they have the relevant documents (such as a warrant or detention order).
• Demand documents and do not sign documents without explanations: ask for the documents of the people detaining you to make sure that they are really representatives of the TCC. Check their credentials and other documents proving their credentials. If you are asked to sign any documents, read them carefully before signing. If you do not understand something, you have the right to demand clarification or refuse to sign.
• Ask for a lawyer and remember the right to a phone call: you have the right to legal aid. If the situation escalates or your rights are not explained to you, demand the presence of a lawyer. If you have the contacts of a lawyer, call him and tell him about the situation. You have the right to a phone call to inform relatives or a lawyer about your detention. Exercise this right.
• Document the violation and stay within the law: If the detention is in violation of the law (for example, you are detained without justification or violence is used), try to document the actions (take video on your phone, find witnesses, etc.). Do not physically resist as this may lead to additional legal consequences.

Representatives of the Territorial Recruitment and Social Support Center (TCC and SP) during the detention of a conscript are obliged to act exclusively within the limits of the law. Their duties are regulated by the legislation of Ukraine, and they must respect the rights of detained persons. 

The main duties of representatives of TCCs and joint ventures:

1. Presentation of documents: representatives of the TCC and JV are required to present an official certificate confirming their authority, as well as to inform the detained person about the purpose and reason for the detention.
2. Compliance with legality: all actions during detention must comply with legal regulations. Detention should be carried out exclusively in cases provided for by the legislation of Ukraine, for example, to check the identity or if there is suspicion of draft evasion.
3. Clarification of rights: Conscripts should be informed of their rights, including the right to legal aid, the right not to testify against themselves, and the right to notify relatives or a lawyer of their detention.
4. Drawing up a report of detention: if the detention is carried out, representatives of the TCC and SP must draw up a report of the detention, which indicates all the circumstances, grounds and purpose of the detention. The protocol must be signed by the detained person and representatives of the TCC.
5. Humane treatment: during the detention, representatives of the TCC and SP must maintain a humane treatment of the detained person, not violate his dignity and not use physical force or coercion, except in cases provided for by law (self-defense or prevention of escape).
6. Ensuring the right to legal protection: representatives of the TCC and SP are obliged to ensure that the detainee has the opportunity to use the services of a lawyer. A detained person cannot be denied the right to legal assistance. After the detention of a conscript, representatives of the TCC and SP must inform the relevant authorities about the detention to ensure the transparency of the process and compliance with legal procedures.

Non-fulfilment or violation of these duties may be grounds for filing a complaint or contesting the actions of TCC representatives in court. In case of detention and the need for legal support, it is important to contact a military lawyer of our legal service "Consultant", who specializes in issues of conscription and interaction with the territorial center of assembly, in order to protect your rights and avoid illegal actions. The support of a lawyer in TCC and JV in case of detention by TCC representatives is important, as it ensures the protection of your rights and legitimate interests. A lawyer will help avoid illegal actions that may have negative consequences, such as forced mobilization or wrongful detention.

Legal assistance in TCC and JV includes the following services:

Departure of the lawyer to the place of detention (if possible).

Assessment of the circumstances of detention and verification of documents confirming the grounds for detention.

Protection of a person's interests during communication with representatives of the TCC. 

Compilation of complaints and other documents in case of violation of the detainee's rights.