Odesa Activist Serhiy Hnezdilov Appeals to Court Over Military Detention Discrimination

Odesa activist Serhiy Hnezdilov, known for publicly leaving his unit without permission and then returning to service, appealed to the Constitutional Court with a complaint about discriminatory provisions against the military in the Criminal Procedure Code of Ukraine.

As the activist explained, the discrimination lies in the fact that courts impose preventive measures on the military in the form of detention without an alternative in the form of bail or, for example, house arrest.

"It is under these provisions of the law that I was kept in the brig without an alternative, while thousands of other military personnel under various articles are not, not only for HRW or alleged desertion, but continue to be behind bars while their alleged crime or pre-trial investigation is ongoing," noted Serhiy Hnezdilov.

Thus, the first complaint relates to Article 176(8) of the CPC, which provides for detention as an exceptional measure of restraint against military personnel during martial law. However, alternative measures of restraint may be applied to other suspects.

The second complaint is about paragraph 8 of part 4 of Article 183 of the CPC, which equates the military with traitors, terrorists, criminals against peace and criminal organizations and gives judges the right not to set bail.

"The European Court of Human Rights has repeatedly emphasized in its case law that no alternative measure of restraint should be applied only because of confirmed serious risks to the investigation of a crime, and not because of political intrigues or bias of the prosecution," the activist noted.

Also, according to Serhiy Gnezdilov, within a month, he and his friends will register a veteran's public organization that will continue to protect the rights of servicemen.

In September 2024, activist Serhiy Hnezdilov publicly announced that he was joining the NWC until specific terms of service were determined. He explained that he wanted to draw attention to the problem and force the authorities to discuss the issue. Gnezdilov believes that many people are trying to avoid serving in the army, but the infantry is bearing the brunt of the war with no prospect of demobilization.

He also said that service without clear deadlines resembles slavery and the "castration" of society. In October, Kyiv's Pecherskyi Court imposed a pre-trial restraint on Hnezdilov of two months in custody without bail.

Кирило Бойко