Mikheil Saakashvili’s arrest is questionable from the legal point of view

Why the “arrest” of the former Georgia President Mikheil Saakashvili is not legal from the point of view of the Ukrainian law procedures.

The decision of an investigator or prosecutor regarding a suspect’s search may not contain the requirements for his detention (Article 281 of the CPC).

Therefore, on the basis of this document, Mikheil Saakashvili could not be legally detained.

Upon disclosure to the wanted investigator, the prosecutor or prosecutor may apply to the court for the application of a preventive measure – detention, and the judge could give permission for his detention and delivery to court to decide on the question of choosing a preventive measure.

In the presence of such a court order – Mikheil Saakashvili should have been brought to the court, not to a jail.

Again the violation of the law.

In addition, it is a gross violation of international conventions: the Universal Declaration of Human Rights (Article 9), the International Covenant on Civil and Political Rights (Article 9), which states that: “No one shall be subjected to arbitrary arrest, detention or expulsion.” . “” … Everyone has the right for liberty and security of person, no one shall be subjected to arbitrary arrest or detention … ” Not a companion to Mikheil Saakashvili, and not this post is his defense. In defense of the rights and freedoms of man and citizen, the assertion of legality.

To remind, Mikheil Saakashvili was detained and imprisoned yesterday evening in Kyiv and transported to SBU of Kyiv Oblast HQ.

 

EMPR

Image credits: Alex Mochanov.

Tags: Georgia Lutsenko saakashvilli Ukraine