Public SZCH: the court did not release Gnezdilov on bail and kept him under arrest

Serhiy Hnezdilov at the Kyiv Court of Appeal on November 19. Photo – “Social News”

By a decision of November 19, the Kyiv Court of Appeals kept Serhiy Hnezdilov, a soldier of the 56th Brigade suspected of desertion, in custody.

Source: hromadske from the courtroom

Details: At the meeting on Wednesday, the judges rejected the appeal of Hnezdilov’s lawyers against the decision of the Pechersk District Court, which sent the serviceman to guard duty until December 12.

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The meeting was attended by acquaintances of the suspect, journalists and members of the movement for establishing clear terms of military service. They had posters with appeals: “Return the rights to the defenders”, “Protest is not equal to breaking the law”, “Your will is stronger than the political one”, etc. And there were also people who wanted to take Hnezdilov on bail – their requests were also rejected by the court.

Lawyer Oleksandr Shadrin asked to change the preventive measure to one that is not related to detention, as well as to declare the military’s detention illegal.

Shadrin reminded that the issue of clear terms of service has not yet been resolved, but Hnezdilov has already been in the army for 5 years. In addition, he will soon turn 25, that is, he will reach the draft age.

The judge noted that according to the legislation, the appeals court cannot determine the illegality of the detention, because it is a matter for the investigating judge.

Another suspect’s lawyer, Anastasia Burkovska, said that Gnezdilova’s SZCH is “a manifesto.” Therefore, they say, it makes no sense for him to hide, and accordingly there is no need to keep him in custody.

The serviceman himself said that he faces up to 12 years in prison: “Is this a thank you for military service?”. Hnezdilov also assumes that if he had not made public statements, the law enforcement officers probably would not have opened the case.

“I have been at the guardhouse for a month and a half. No investigative action, no interrogation. Investigators do not come to me. This is all so that the person cannot speak further,” said the suspect. And he reminded that he wants to return to the service, but under the condition of clear terms.

The prosecutor reported that the Pechersk District Court recognized the suspicion as well-founded. He also believes that detention is necessary.

Prehistory:

• On September 21, the soldier wrote on Facebook that he voluntarily left the unit to draw attention to the need to establish terms of service for the mobilized. This act caused an ambiguous reaction in society, opinions on this matter were divided.
• In the 56th separate motorized infantry brigade, where Gnezdilov serves, an official investigation was ordered and it was announced that the soldier “committed actions that contain signs of a criminal offense.”
• On September 23, the Donetsk specialized prosecutor’s office in the field of defense of the Eastern region, based on the fact of publications in the mass media, opened criminal proceedings regarding the desertion of a serviceman and commissioned an investigation by the Bureau.
• On October 9, DBR employees detained Gnezdilov and conducted a search.