27 August 2018
Comments on detention report helped detainee get out of temporary detention facility
Comments on a detention report in respect of a person, who, according to the police, allegedly committed a crime, formed a basis for the prosecution officer to reject the charge sheet. A client of Drozdova & Partners Law Firm was freed from the temporary detention facility due to the absence of grounds for further detention.
As part of legal aid provided to a Ukrainian citizen, law firm senior partner Mr Mykhailo Honcharov made a confidential visit to the detainee and read the detention report prepared by officers of the Pecherskyi District Office of the National Police, Kyiv Headquarters.
According to the documents, the client was accused of a robbery attempt. ‘As far as a serious crime was concerned, such a preliminary assessment provided a basis for the detention of the person in the temporary detention facility and allowed for the preparation of the charge sheet and a request for the preventive measure of pre-trial detention,’ the lawyer explained.
The comments on the detention report were prepared and filed after the examination of the detention report and subject to actual data received as a result of the confidential visit to the client. ‘In particular, we drew attention to the fact that nothing was found as a result of the search, nor any traces of the alleged robbery or robbery attempt were identified on the person’s body or clothes,’ the lawyer commented. – Special emphasis was put on a procedural violation: the time of actual detention and the time specified in the report were different.’
The prosecution officer eventually rejected the assessment suggested by the investigation officer and rejected the charge sheet. The decision was made subject to the comments on the detention report as made by the advocate.
The person was freed from the temporary detention facility due to the absence of grounds for further detention.

