According to the lawyers, it is forbidden to film the military, their location, equipment and their movement, the work of air defense. And the work of TCC employees, especially in public places, is not included in this list
During the delivery of subpoenas, employees of the TCC and SP (the new name of military commissions) very often forbid citizens to record them on video, referring to martial law and the ban on filming military personnel.
Are such actions of TCC representatives legal, lawyer Roman Simutin told in his YouTube channels.
Is it possible to film TCC employees on video?
The lawyer advises to take out your phone and start recording yourself when serving the summons in order to have evidence in case of violations by TCC employees. Simutin warns that in most cases the military commissars will forbid it.
“Take out your phone and turn on the video recording. Immediately wait for objections that they cannot be filmed, they are military, etc. But the funny thing about the situation is that they do not have the right to videotape, because they act in a way that is not provided for by law, and formally permission to film , they should ask you,” Simutin said.
Lawyer Vira Tarasenko earlier in her YouTube channels explained that it is forbidden to film the military, their location, equipment and their movement, the work of air defense.
“But does this mean that if the military or the police behave illegally towards you, then it is also forbidden to film? The police and the military will of course tell you that yes, it is forbidden to film them and that they are inviolable. And this is where the main deception lies.” , – says the human rights defender.
Tarasenko emphasizes that it is “possible and necessary” to record all the actions of the police and the military against you on photos and videos.
“If these same military personnel or the police stop you, accuse you of something, or hand you a summons, or threaten you, or forcefully drag you to the military commissariat, that is, carry out some actions against you personally, then you already have the full right to film and record it.” – says the lawyer.
And what about personal consent to filming
Tarasenko reminded that according to Art. 307 of the Civil Code of Ukraine, a natural person may be photographed, filmed, body and videotaped only with his consent. But such consent is considered given if the filming takes place in public places, on the streets, meetings, conferences and rallies.
“Of course, the police, as well as the military, always refer to the fact that information about their actions is confidential and that they cannot be filmed. But there is also false information hidden here.
The police or the military in relation to you, when they hand you a summons or perform other actions, are subjects of authority. Accordingly, the provisions on confidentiality do not apply to them,” says the human rights activist.
Tarasenko explained that she does not call for sabotaging the legal actions of government representatives, but she emphasized that the rights and freedoms of citizens must first be respected in a state governed by the rule of law.
Is it legal if the TCC employees themselves are filming
Simutin noted that more and more often police officers accompanying representatives of the TCC turn on body cameras to confirm the fact of serving a summons to a citizen in court.
But very often the court receives cut-off excerpts lasting several minutes, which record not the entire process, which is often accompanied by forceful methods, but only the very fact of delivery. According to the human rights defender, the use of such body cameras is not regulated by anything, that is, it is not completely legal.
“What are the police doing? They cut everything, leaving the recording for 2-3 minutes, that is, only the recording of the refusal… And the fact that half an hour of conversation, persuasions, threats were cut from the video is a “trifle”. Who in their right mind would provide a video in which you were broken into, searched and documents were taken away, you filled out a summons and were handed a summons in a circle of “unarmed” people. What kind of psychological pressure and manipulation is there,” Simutin notes sarcastically.
We will remind that in Chernihiv the lawyer who came to the TCC in the case was forcibly detained and issued a summons.
Also, recently in Khmelnytskyi, representatives of the TCC broke into the private house of a local resident and threatened to break his leg.