Dear friends! We see your interest in protecting your rights, so we are going to tell you how to defend them within the law, and we will start with tips on how to act in a dialogue with the police.
Fundamental rights
Part 1 of Article 268 of the Code of Administrative Offenses – you have the right to a sign language interpreter.
Your rights when the police draw up a report. If you are brought to justice for a violation (a report is drawn up), you have the right under Article 268 of the Code of Administrative Offenses:
- to legal assistance (provision of a lawyer or other legal professional who has the right to provide legal assistance personally or on behalf of another organization);
- to communicate in your native language;
- to use the services of an interpreter if you do not speak the language of the proceedings (i.e., it is more convenient for you to use sign language).
Article 274 of the Code of Administrative Offenses – an interpreter is appointed by the body that conducts the case (in which the case is pending). The police are obliged to provide an interpreter. You do not have to look for or pay for an interpreter or lawyer yourself.
About Ukrainian sign language.
According to Art. 4 of the Law of Ukraine "On Ensuring the Functioning of the Ukrainian Language as the State Language", Ukrainian Sign Language is the official language of the community of people with hearing disabilities in Ukraine. For sign language speakers who permanently reside or have lived in Ukraine for a long time, USL is a natural language that has evolved over time. Everyone has the right to use it freely in public life.
On social protection.
Article 23 of the Law of Ukraine "On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine" guarantees communication with the police through an interpreter. The state is obliged to ensure this.
What to do in case of violation of rights (you are refused to provide a sign language interpreter or are required to find a sign language interpreter yourself)
As evidence of a violation of your rights, record the behavior of the police on video, and record the entire conversation with the police, in particular:
- Refusal of the police to provide an interpreter.
- Demands to provide an interpreter on your own.
When signing the protocol:
- Write about the hearing disability.
- Indicate that an interpreter was NOT provided.
- Do NOT sign the box about familiarization with rights.
Do NOT sign the columns:
- "I am familiarized with the content of Article 63 of the Constitution of Ukraine" (paragraph 7 of the Explanations).
- "Signature of the person who has been informed of the rights and obligations under Article 63 of the Constitution of Ukraine, Article 268 of the Code of Administrative Offenses and who is familiarized with the place and time of the hearing" (paragraph 13 of the Protocol).
- and similar.
Write instead of signing:
"NOT FAMILIARIZED, NO SIGN LANGUAGE INTERPRETER PROVIDED" or similar phrases. Because these provisions have not been explained to you in Ukrainian sign language.
It is important to remember.
- The police have no right to demand that you provide an interpreter. This is their duty.
- Video recording will serve as evidence of a violation of your rights.
