In Kaniv, Cherkasy region, a 65-year-old man was forcibly detained, beaten, and taken to the TCC, despite his age, which exempts him from mobilization. The man was unable to initiate criminal proceedings due to missed deadlines for filing a complaint. The Court of Appeal refused to reinstate the deadline, not recognizing the stated reasons as valid, UNN writes with reference to judicial registry data.
Details
On March 20, 2025, he was stopped by unknown men. They introduced themselves as employees of the TCC and SP and demanded documents for identification and confirmation of military registration. Since the man did not have documents with him, he offered to call the police for identification. However, instead of law enforcement officers, more TCC representatives arrived at the scene.
After a brief dialogue, the man was punched in the face and torso, then forcibly put into a car and, as stated, brought to the TCC building. He was held there until his age was determined, which, as it turned out, already exceeded the mobilization threshold - 60 years.
The next day, his health significantly deteriorated, and he went to the emergency department of KNP "Kanivska BL", where he was examined by the on-duty doctor and hospitalized for treatment. Full diagnosis: TBI, concussion, cephalalgic, anxiety-asthenic syndromes. Situational arterial hypertension. Lacerated wound of the hairy part of the head in the parietal region on the left. Traumatic cervicocranialgia. Superficial chest injury (contusion) on the left. He was hospitalized until 27.03.2025
Only on May 7, after a relative recovery, he contacted the police with a crime report. Although the report was accepted, criminal proceedings were not opened, and he was not questioned as a victim.
Then the victim appealed to the Smila District Prosecutor's Office, where his appeal was redirected to the Cherkasy Specialized Prosecutor's Office in the field of defense. The latter, in turn, stated that it had no authority in this case.
On June 23, Mykhailo filed a complaint with the Kaniv City-District Court regarding the investigator's inaction because the information about the crime was not entered into the ERDR.
However, the court refused to consider the case, stating that the ten-day period for filing a complaint, provided for by Art. 304 of the Criminal Procedure Code of Ukraine, expired on May 19. With the help of a lawyer, the victim appealed the decision to the Cherkasy Court of Appeal.
He stated that he missed the deadlines due to deteriorating health and a depressed moral state, and also tried to resolve the issue through the police and prosecutor's office, spending time on correspondence and explanations.
However, the appellate instance sided with the first. The judges concluded that there was no objective reason for missing the deadline.
The ruling emphasizes that referring to illness is not a valid reason, as he was able to submit other appeals during this time.
The court also cited the practice of the European Court of Human Rights, in particular the case "Chiricosta and Viola v. Italy", which states the obligation of a party to the proceedings to show due diligence and timely use national legal instruments.
On July 16, the Cherkasy Court of Appeal rejected the appeal and upheld the decision of the court of first instance.