Arrests in Ukraine

Ukraine is an independent, sovereign country. One of the chief attributes of sovereignty is the right of a country to make and enforce laws within its own borders. Just as in America, the government has the internationally recognized right to try foreigners as well as its own nationals within its territory.

Anyone who breaks the law in Ukraine is subject to prosecution under the Ukrainian legal system. If a person is convicted and sentenced to imprisonment by a Ukrainian court, this sentence will be served in a Ukrainian prison.

While in Ukraine one is subject to the same laws as is a Ukrainian citizen. A U.S. passport does not entitle its bearer to any special privileges. One should not expect to receive preferential treatment or to expect that the same array of legal rights accorded one under the U.S. judicial system are necessarily applicable in Ukraine.

What follows is drawn from explanatory material provided to arrested Americans.

The Consul’s Role

The United States Government cannot get you out of jail. The Embassy cannot accept custody of you or guarantee your appearance in court. Nor can they post bail for you, act as your legal advisor or pay legal fees for you.

After being arrested, the police must ask you if you would like the Embassy to be notified of your arrest. You can ask that the Embassy will not be notified, and at a later date you may change your mind and request that the police do notify us.

Arrested persons may not be allowed to make telephone calls. If you ask that the Embassy be notified, the police will contact us on your behalf. You may not be able to speak to us by phone, nor to your friends or relatives.

What the Embassy/Consulates Can Do

• Visit you in jail after being notified of your arrest to check on your health and the treatment accorded you by the police;
• Give you a list of local English-speaking attorneys (you are responsible for paying any lawyers’ fees);
• Make sure the police are aware of any medical conditions you have (for example, diabetes, food allergies, etc.), and request that you been seen by a doctor;
• Work with local authorities to ensure that your rights under Ukrainian law are fully observed, to include protesting any mistreatment or abuse;
• Supply you with English-language reading material subject to prison regulations;
• Notify your family and friends of your arrest, relay requests for financial assistance, provided you authorize the consul to do so.

The U.S. Privacy Act

The Privacy Act of 1974 (Public Law 93-579) was enacted to protect U.S. citizens against unauthorized release of information about them by the government. If you want us to notify your family or friends about your arrest you must first give us written permission to do so.

The Embassy will not inform any person of your arrest without your permission. Even if your family or friends find out by other means, we will be unable to discuss your case with them without your permission. Although we routinely report to the Department of State in Washington on the condition of American prisoners in our consular district, the Department of State does not release this information to individuals without your permission.

These files are maintained primarily for the purpose of providing protection and assistance to American citizens abroad and not for law enforcement purposes. While there is no automatic or mandatory dissemination of information in consular files to other agencies, we can release specific information to other agencies that have a legitimate interest in such data. Therefore, for legitimate law enforcement purposes in the U.S., the appropriate law enforcement agency in the U.S. may be notified.

U.S. arrest records maintained by the Ukrainian government, however, are not bound by the restrictions of the Privacy Act. We have no control over what information the Ukrainian police pass to their U.S. counterparts or to INTERPOL. It is possible that U.S. police agencies may have acquired more information about a prisoner from these sources than the Embassy or the Department of State in Washington has at its disposal.

October 5, 2006