Posted 20 апреля 2021,, 12:52

Published 20 апреля 2021,, 12:52

Modified 24 декабря 2022,, 22:36

Updated 24 декабря 2022,, 22:36

Lifehack from a human rights activist: wherever possible, write "I demand to see a lawyer"

Lifehack from a human rights activist: wherever possible, write "I demand to see a lawyer"

20 апреля 2021, 12:52
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Human rights activist explains how to behave if you are detained at a protest and taken to the police station.

As you know, opposition supporters intend to hold another rally on April 21. In this regard, the well-known Russian human rights activist Irina Yatsenko published in her blog another piece of advice to those who, intentionally or out of curiosity, want to take part in the next protest action. Novye Izvestia has already familiarized its readers with detailed instructions drawn up by Yatsenko for participants in such events. Recall that in one of them, the human rights activist advises how to behave with the police officers who detained you on the street:

This time, Irina Yatsenko publishes a short instruction for those who were detained and taken to the police station:

1. Do not give your phone and personal belongings without a seizure protocol. If you are forced to give, conduct a live broadcast, sound loudly under the video, that without witnesses and an inventory you will not give anything into the hands of the police. If pulled out by force, do not fight, but try to lock your phone so that the video is not deleted.

2. As soon as you find out the full name of the defender / lawyer who is going to your office, ask for his admission verbally and, most importantly! - in writing. Do not give any explanations without a defense lawyer / attorney. None means none at all. Even with reference to 51 articles of the Constitution. Confirm only one phrase: I have a defender, full name, I require him to be admitted to provide the legal assistance I need. Do not react to threats to draw up a protocol according to 19.3. It is your fundamental right to get legal aid and it cannot be restricted if you are detained and at a police station.

3. If, nevertheless, they brought you the protocols or an explanation form for review, but the defense lawyer / attorney was not admitted, DO NOT REFUSE THE SIGNATURE! (Because they will sign without you with the attesting witnesses, and then they will say to the court that you did not make your comments, and everything is legal. But there was nothing legal. I would not give up my right to disagree with illegal actions).

Everywhere - in all documents - where you are allowed to write, write one phrase: I demand to see a defender (lawyer), full name, to provide legal assistance that I need. My defender is at the moment next to the police station, but he is not allowed.

4. In all columns on clarification of rights in any protocol, write: did not clarify, TIME, DATE, SIGNATURE. If the rights have been clarified, then - TIME, DATE, SIGNATURE.

In general, make yourself the habit of not putting a single signature without specifying the time and date.

5. In all the protocols and the explanation form, write: I have read, I disagree, drawn up in my absence. I ask to admit the defender (full name, if someone came to the police station), to interview witnesses, to demand the recordings of the cameras at the place of detention, to attach the recordings of the video recorders by the police officer who detained me. TIME, DATE, SIGNATURE.

6. MEGA IS IMPORTANT. If you are required to sign for the issuance of a copy of the protocol to you, but the copy itself is not given in your hands, in the line “received a copy of the protocol” write: I ask you to issue a copy of the protocol, TIME, DATE, SIGNATURE.

7. If you understand that defenders are not allowed to see you, no materials for acquaintance have been issued for a long time, go boldly to the duty station, ask for a crime report form, and write in detail in this form: detained for a long time, no documents of detention I was not given out within ____ hours, the defender / lawyer, full name, who is located near the checkpoint, was not allowed to see me, I ask you to check on the fact of violation of legislation and rights. TIME, DATE, SIGNATURE.

ALWAYS take a PHOTOGRAPH of this document (if by this time you still have your phone number), and hand over to the police officer on duty at the duty station for registration in the book of registration of reports of crimes, demand that you be given a coupon with the registration number of your application.

8. Wait for the trial. But that's another instruction..."


In addition, Yatsenko answered the most important question: what should people who do not have defenders do?

“Call OVD-Info, the defender will be. The agreement between a lawyer and his client is a purely confidential document, and nobody, but the police, should not have any business before the agreement. In order for a lawyer to begin to defend you, a warrant with your name and date of birth is enough. Therefore, upon arrest, inform the OVD-Info bot with your full details and wait for a message in response, which of the lawyers (name and number of the lawyer's order) will be in your OVD. In addition, in cases of administrative offenses, the defender may not be a lawyer, but an ordinary person whom you ask to be admitted as a defender by a written request..."