Committee members noted that under article 29 of the Constitution of Ukraine, every person has the right to freedom and personal immunity. Nobody can be arrested or detained in custody other than pursuant to a motivated court decision and only on the grounds and in the order established by the law.
Every arrested person should be immediately informed about the motives of arrest or detention; his/her rights should be explained and the possibility to defend oneself should be provided.
Every detained person has the right to appeal against detention in the court.
Relatives of the arrested or detained person should be immediately informed of the arrest or detention.
It was noted that the rights and freedoms of a person and citizen and guarantees of these rights and freedoms; as well as organization and activity of the prosecutor’s office and bodies of inquiry and investigation shall be determined exclusively by the laws of Ukraine (clauses 1 and14 of part one of article 92 of the Constitution of Ukraine).