A correspondent from hromadske reported this from the courtroom.
The prosecution requested 60 days of detention for Hnizdilov, until December 12, without the possibility of bail. The defense requested to reject the motion.
The prosecution believes that detention, in particular, would eliminate the risk of hiding. They pointed out that Hnizdilov had constantly changed his location and contact details after SOCH.
Military lawyer Alexander Shadrin noted that the court could set bail. He also asked to consider the context: Hnizdilov went to the front at the age of 19, signing a contract with the Armed Forces for 3 years, and was supposed to be discharged in March 2022. Furthermore, Sergei is still not 25 years old.
Friends of Hnizdilov and wives of military personnel attended the court, calling for the establishment of clear service terms. They held posters with relevant slogans: “Service terms are a right to life,” “He went to SOCH because the authorities do not hear the request from the military.” Several people volunteered to take Hnizdilov under their care.
The serviceman claimed he was ready to return to service, but only after the presentation of the relevant bill on clear service terms. Otherwise, he is prepared to go on a hunger strike to draw attention to the demobilization issue.
“Defending the country is my duty. You can see how much time I have spent on the ‘zero’ line and how much on leave. A person cannot stay in such conditions without rehabilitation for so long. We will fill military prisons, to which we will say we cannot provide them with service terms. I acted this way to draw attention to the problem […] Believe me, I will be 100% punished, and the whole country will see it. The question is whether the problem will be resolved,” Hnizdilov said.
When asked if he expected charges related to SOCH instead of desertion, which the investigation attributes to him, Hnizdilov replied: “I think we will reclassify the case. Because I have publicly articulated everywhere that I plan to return to service and for how long I am leaving. Therefore, I disagree with the prosecutor. [When the law on service terms is adopted] or when I turn 25,” he said.
At the beginning of the hearing, lawyer Shadrin filed a motion to recuse the judge. He explained that the judicial review of Hnizdilov's case should have occurred immediately after the serviceman's detention, but it only happened a day after the arrest. Therefore, according to Shadrin, there are grounds to believe that the prosecution is trying to select a specific judge for this case.
The court denied the lawyer's motion to recuse the judge. The request to transfer the case to the Shevchenkivsky District Court was also rejected.
Shadrin emphasized that Hnizdilov was detained without a judge being appointed, and the detention protocol did not specify the exact reason for his detention (apart from mentioning the article number of the Criminal Code). Prosecutors insisted that the decision was provided by the Solomyansky District Court, which confirmed the legality of these actions.
Additionally, the lawyer stated that Hnizdilov had undergone surgery. The prosecutor responded that medical personnel would be available at the guardhouse to ensure necessary supervision, so this would not interfere with his detention.
Recall that on October 9, Sergei Hnizdilov reported his detention. Subsequently, the State Bureau of Investigations officially confirmed the detention of the serviceman, without naming him.
Recall that Sergei Hnizdilov announced he had voluntarily left his unit to draw attention to the lack of established service terms in the army and that according to the Constitution, citizens of Ukraine are obliged to defend the state.
In Sergei's opinion, there is currently a lack of state policy on the issue of demobilization: “It seems that this war is only for those who came to it at some point.”
He is convinced that the issue of infantry rest and establishing clear service terms at the front is a “matter of national security.” Hnizdilov says he wants to convey to the authorities and society the “necessity of dialogue” and a resolution to this problem through his actions.
After this incident, a service investigation began in the 56th brigade, and law enforcement opened a criminal case under Article 408 of the Criminal Code of Ukraine — desertion. Under martial law, a punishment of 5 to 12 years of imprisonment is stipulated for this.
Recall that Sergei Hnizdilov volunteered for the Armed Forces of Ukraine in 2019, participating in battles in eastern Ukraine. After the declaration of SOCH, the military reported that his unit effectively has no personnel: “In my commander's subordination, there are just me and two other people. There are no personnel; they have run out. When was the last rotation of the 56th brigade? No one knows the answer because there hasn't been one.”
Hnizdilov is also a public activist, the founder of the “videlkafest” festival, and was a host of the “++ podcast” on hromadske.