Pensioner beaten at the TCC: court refused to consider the case due to missing the deadline.
The pensioner, living in the Kaniv district of Cherkasy, along with his lawyer, appealed to the appellate court regarding the verdict of the lower court. The reason was the detention of the 65-year-old man and the beating at the TCC, but the lower court refused to consider the case.
This is stated in the Unified Register of Court Decisions.
Details of the case
According to the plaintiff and his lawyer, the 65-year-old pensioner was mistakenly detained by TCC representatives, as the man did not have documents to confirm his age.
Instead of calling the police to establish his identity, an additional group of TCC and SP employees arrived at the scene and began to use physical violence against the plaintiff, inflicting bodily injuries. After that, he was forcibly taken to the TCC and SP building, where he was held until his identity and age were established.
After returning home, the man went to the hospital with complaints of severe headaches. Doctors diagnosed him with a closed head injury, concussion, contusion of the head, chest injury, cervical spine injury, and other injuries.
The pensioner reported to law enforcement about the violence committed against him by TCC and SP employees. However, due to a number of circumstances related to his health status and attempts to resolve the matter peacefully, the man was unable to timely appeal to the court against the investigator's inaction.
Court decisions
The first and appellate courts refused to renew the procedural deadline for appealing the investigator's inaction, citing that the reasons for missing the deadline were not valid under current Ukrainian legislation.
The court emphasized the need for the applicant's active participation in the court process and timely use of his procedural rights, also considering the practice of the European Court of Human Rights.
It should be noted that in Kyiv, the TCC imposed a fine on the man, which he paid, but he contested the administrative responsibility in court. However, he was not refunded the money.
Earlier, in the Khmelnytskyi region, a local man attacked a TCC employee and broke his nose. The court found him guilty and imposed a penalty.
The pensioner from Cherkasy turned to the court after his detention and beating to challenge the lower court's decision. The court refused to renew the term for appeal, pointing to the importance of active participation in the court process and timely use of legal rights. The events related to the TCC have become the focus of the judicial system's attention in several regions of Ukraine.Read also
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