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Hello, cyberstalkers! Hello, random carders. Such a mess as in this picture can happen to anyone. Especially with those who sit in FB. If this has happened, then here are some tips.
Go:
I don't break any laws. Why should I read this?
Your compliance with the laws does not guarantee that they will be respected in relation to you! There are many cases when people were not just detained, but arrested and sentenced to real terms on absurd charges. And in the administrative order, as the monitoring of OVD-Info shows, you can be detained without any good reason at all — for example, if you play petanque in the park, blow soap bubbles, or like in Kontaktik.
And what should I do if I was detained?
The first step is to let your family or friends know what happened and where you are. In January 2016, the law on the "right to call" for criminal detainees came into force. Previously, the law required to notify relatives of suspects of committing a crime within 12 hours from the moment of detention, and this could also be done by an investigator. New law grants the right to make a phone call to the suspect himself and no later than three hours after he has been delivered to the investigator. You can only make phone calls in the presence of a law enforcement officer. Unsuccessful attempts to get through don't count — the law gives you the right to talk, not to call.
For administrative detainees, nothing has changed: as before, they have the right to call their relatives "as soon as possible", but no later than three hours from the moment of detention. In addition, at the request of a detainee, police officers are required to inform the detainee's defense lawyer, as well as the place of work or study of the detainee. De Facto, the police usually do not take mobile phones from detainees in an administrative manner — so the right to call is limited only by the phone charge.
Why is the right to call so important?
The first hours after detention are the most valuable for the investigation and the most terrible for the detainee. If neither your family nor your lawyers know where you are, you can easily be pressured to confess to crimes you didn't even know existed. As long as you are isolated from the outside world, you may not even be told exactly where you are — if something bad happens to you, it will be almost impossible to determine where it happened and who is to blame. A signal to the outside about how and where you were detained, where you are, at least somehow guarantees your safety. And in the best case — and freedom.
Who is more important to call-a lawyer or a relative?
According to the law, a person who is detained on suspicion of a criminal offense can only call relatives and friends, so it is better to call them - if necessary, they, in turn, should find legal assistance. The definition of "close" can be found in the Code of Criminal Procedure. If you are detained at a public event or because of your political or social activities, call the OVD-Info hotline. This will increase your chances of being released unharmed.
Can you speak any language?
No. Only in Russian.
How long can the call last?
This is not stipulated in the law. It says that the right to call is granted "for the purpose of notifying close relatives, relatives or close persons of their detention and location." So you will hardly be allowed to discuss details or talk about other topics.
How long can the detention last?
No more than two days. Detention is a temporary measure, so first of all you need to keep an eye on the clock. If you are detained as part of a criminal case, the detention can not last more than 48 hours: during this period, you must be charged and the court must either decide on the measure of restraint, or release you.
The term of administrative detention may not exceed three hours from the moment the detainee is brought to the police station. It can last up to 48 hours only if you are charged with an administrative offense involving administrative arrest, or if it was not possible to establish your identity.
What is the first thing to pay attention to during detention?
On pieces of paper. Every case — administrative or criminal — consists of documents. The chances of a positive decision of your case in court increase many times if any documents are drawn up in violation of procedural norms. Otherwise, it is highly likely that the court will rely on the words of the police, and your words will be considered untrustworthy.
Any police document — a report on a search, detention, or administrative offense-contains many mandatory fields, and police officers have little time to fill them out correctly and in a timely manner. Your task is to make sure that your statements-if you give them-are transmitted correctly, and all the remaining empty spaces are filled with dashes. You also have the right — and this is important — to receive a copy of the protocols: this will allow you and your lawyers to prepare for the trial and prevent the police from creating a false document without your participation.
If you find an error during the preparation of reports — for example, a police officer did not ask for your signature, did not write the date, or wrote it incorrectly, etc. — do not correct him: every mistake plays into your hands.
What other rights do detainees have?
The most important right is to remain silent. If you refer to article 51 of the Constitution (no one is obliged to testify against themselves), you can not tell anything to the police officers or investigators who detained you. All other things being equal, before consulting with an experienced lawyer, you should not give law enforcement agencies any factual information about yourself and your actions at all. No information — no case.
The law guarantees detainees many other rights (which, according to the Police Law, they must be informed about when they are detained): the right to protection, an interpreter, medical assistance, receiving food and basic necessities if the detention lasts more than three hours - for hot food, and at night - for a place to sleep. The Government's regulations regulate everyday aspects of a detainee's detention, including the temperature in the cell, the diet and the procedure for going to the toilet.
And what rights are most often violated during detention?
The most diverse. If you don't know your rights, even the most basic ones can be violated by police officers. Human rights defenders ' reports describe various violations during administrative detentions, ranging from exceeding the time limit of detention to not allowing ambulances and lawyers to enter. Often, police officers try to take fingerprints from detainees — there are corresponding devices in each Department of Internal Affairs, but according to the law, fingerprinting, if your identity is established, can only be carried out if criminal charges are brought or after a court decision on your administrative arrest.
In its annual reports, the Human Rights Ombudsman regularly notes systematic violations of standards on the provision of hot meals, bedding and living conditions of detention, such as access to toilets and cell size (see reports for 2011 and 2012).
Any detention poses a threat to your health and even your life: According to statistics from the Committee against Torture, beatings, bullying, and extorting confessions are still part of the daily arsenal of the Russian police.
What should I do if my rights are violated?
Call the prosecutor on duty in your city (he never sleeps) and the internal security service of the Ministry of Internal Affairs. The corresponding phone numbers should be on the information stand at the police station — but it is better to know these numbers in advance, no one will help you search for them. If you are detained administratively and your phone number is not taken away, you can call yourself. In other cases, your relatives or friends can report what is happening to the regulatory authorities.
In general, gentlemen subscribers. To sum it up briefly-everyone gives a fuck about your rights. The state remembers only your duties. Therefore, if they still took you by the ass, then there is a 90% chance that you are fucked up. So, we need to do everything possible to prevent this from happening.
Go:
I don't break any laws. Why should I read this?
Your compliance with the laws does not guarantee that they will be respected in relation to you! There are many cases when people were not just detained, but arrested and sentenced to real terms on absurd charges. And in the administrative order, as the monitoring of OVD-Info shows, you can be detained without any good reason at all — for example, if you play petanque in the park, blow soap bubbles, or like in Kontaktik.
And what should I do if I was detained?
The first step is to let your family or friends know what happened and where you are. In January 2016, the law on the "right to call" for criminal detainees came into force. Previously, the law required to notify relatives of suspects of committing a crime within 12 hours from the moment of detention, and this could also be done by an investigator. New law grants the right to make a phone call to the suspect himself and no later than three hours after he has been delivered to the investigator. You can only make phone calls in the presence of a law enforcement officer. Unsuccessful attempts to get through don't count — the law gives you the right to talk, not to call.
For administrative detainees, nothing has changed: as before, they have the right to call their relatives "as soon as possible", but no later than three hours from the moment of detention. In addition, at the request of a detainee, police officers are required to inform the detainee's defense lawyer, as well as the place of work or study of the detainee. De Facto, the police usually do not take mobile phones from detainees in an administrative manner — so the right to call is limited only by the phone charge.
Why is the right to call so important?
The first hours after detention are the most valuable for the investigation and the most terrible for the detainee. If neither your family nor your lawyers know where you are, you can easily be pressured to confess to crimes you didn't even know existed. As long as you are isolated from the outside world, you may not even be told exactly where you are — if something bad happens to you, it will be almost impossible to determine where it happened and who is to blame. A signal to the outside about how and where you were detained, where you are, at least somehow guarantees your safety. And in the best case — and freedom.
Who is more important to call-a lawyer or a relative?
According to the law, a person who is detained on suspicion of a criminal offense can only call relatives and friends, so it is better to call them - if necessary, they, in turn, should find legal assistance. The definition of "close" can be found in the Code of Criminal Procedure. If you are detained at a public event or because of your political or social activities, call the OVD-Info hotline. This will increase your chances of being released unharmed.
Can you speak any language?
No. Only in Russian.
How long can the call last?
This is not stipulated in the law. It says that the right to call is granted "for the purpose of notifying close relatives, relatives or close persons of their detention and location." So you will hardly be allowed to discuss details or talk about other topics.
How long can the detention last?
No more than two days. Detention is a temporary measure, so first of all you need to keep an eye on the clock. If you are detained as part of a criminal case, the detention can not last more than 48 hours: during this period, you must be charged and the court must either decide on the measure of restraint, or release you.
The term of administrative detention may not exceed three hours from the moment the detainee is brought to the police station. It can last up to 48 hours only if you are charged with an administrative offense involving administrative arrest, or if it was not possible to establish your identity.
What is the first thing to pay attention to during detention?
On pieces of paper. Every case — administrative or criminal — consists of documents. The chances of a positive decision of your case in court increase many times if any documents are drawn up in violation of procedural norms. Otherwise, it is highly likely that the court will rely on the words of the police, and your words will be considered untrustworthy.
Any police document — a report on a search, detention, or administrative offense-contains many mandatory fields, and police officers have little time to fill them out correctly and in a timely manner. Your task is to make sure that your statements-if you give them-are transmitted correctly, and all the remaining empty spaces are filled with dashes. You also have the right — and this is important — to receive a copy of the protocols: this will allow you and your lawyers to prepare for the trial and prevent the police from creating a false document without your participation.
If you find an error during the preparation of reports — for example, a police officer did not ask for your signature, did not write the date, or wrote it incorrectly, etc. — do not correct him: every mistake plays into your hands.
What other rights do detainees have?
The most important right is to remain silent. If you refer to article 51 of the Constitution (no one is obliged to testify against themselves), you can not tell anything to the police officers or investigators who detained you. All other things being equal, before consulting with an experienced lawyer, you should not give law enforcement agencies any factual information about yourself and your actions at all. No information — no case.
The law guarantees detainees many other rights (which, according to the Police Law, they must be informed about when they are detained): the right to protection, an interpreter, medical assistance, receiving food and basic necessities if the detention lasts more than three hours - for hot food, and at night - for a place to sleep. The Government's regulations regulate everyday aspects of a detainee's detention, including the temperature in the cell, the diet and the procedure for going to the toilet.
And what rights are most often violated during detention?
The most diverse. If you don't know your rights, even the most basic ones can be violated by police officers. Human rights defenders ' reports describe various violations during administrative detentions, ranging from exceeding the time limit of detention to not allowing ambulances and lawyers to enter. Often, police officers try to take fingerprints from detainees — there are corresponding devices in each Department of Internal Affairs, but according to the law, fingerprinting, if your identity is established, can only be carried out if criminal charges are brought or after a court decision on your administrative arrest.
In its annual reports, the Human Rights Ombudsman regularly notes systematic violations of standards on the provision of hot meals, bedding and living conditions of detention, such as access to toilets and cell size (see reports for 2011 and 2012).
Any detention poses a threat to your health and even your life: According to statistics from the Committee against Torture, beatings, bullying, and extorting confessions are still part of the daily arsenal of the Russian police.
What should I do if my rights are violated?
Call the prosecutor on duty in your city (he never sleeps) and the internal security service of the Ministry of Internal Affairs. The corresponding phone numbers should be on the information stand at the police station — but it is better to know these numbers in advance, no one will help you search for them. If you are detained administratively and your phone number is not taken away, you can call yourself. In other cases, your relatives or friends can report what is happening to the regulatory authorities.
In general, gentlemen subscribers. To sum it up briefly-everyone gives a fuck about your rights. The state remembers only your duties. Therefore, if they still took you by the ass, then there is a 90% chance that you are fucked up. So, we need to do everything possible to prevent this from happening.
