Your Rights When Detained

It’s no secret that we don’t live in the United States, and our rights often aren’t a priority for the authorities. Still, it’s useful to know your legal rights and be somewhat informed—showing this knowledge can influence police behavior and help you monitor their reactions.

As a detainee, you have the right to:

1. Be informed of the reason for your detention.
   “A suspect has the right to know what they are suspected of and to receive a copy of the decision to initiate a criminal case against them, a copy of the detention protocol, or a copy of the decision to apply a preventive measure.” (Article 46, Part 4, Paragraph 1 of the Russian Criminal Procedure Code)
2. Immediate notification of your relatives about your detention.
   “At the request of the detained person, their relatives, employer (or school), and attorney must be notified of their whereabouts as soon as possible.” (Article 27.3, Part 3 of the Russian Code of Administrative Offenses)
   “The investigator, inquiry officer, or prosecutor must notify one of the close relatives, or if none, another relative, or allow the suspect to do so themselves.” (Article 96, Part 1 of the Russian Criminal Procedure Code)
   However, there are exceptions: “If it is necessary to keep the fact of detention secret in the interests of the preliminary investigation, notification may not be given with the prosecutor’s approval, except when the suspect is a minor.” (Article 96, Part 4 of the Russian Criminal Procedure Code)
3. Have an attorney present from the moment of detention.
   “Every detainee, person in custody, or accused of a crime has the right to legal assistance from the moment of detention, custody, or being charged.” (Article 48, Part 2 of the Russian Constitution)
4. Not testify against yourself or your relatives.
   “No one is obliged to testify against themselves, their spouse, or close relatives.” (Article 51, Part 1 of the Russian Constitution)
5. Be free from torture.
   “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” (Article 3 of the European Convention on Human Rights)
   “Police officers are prohibited from using torture, violence, or other cruel or degrading treatment. Police officers must stop any actions that intentionally cause pain, physical, or moral suffering to a citizen.” (Article 5, Part 3 of the Russian Law ‘On Police’)
6. Receive medical assistance.
   “Persons detained or held in custody have the right to receive medical assistance at the expense of the relevant government budgets.” (Article 29, Part 1 of the Fundamentals of Russian Legislation on Health Protection)
7. Have detention time limits observed.
   “Arrest, custody, and detention are allowed only by court order. Before a court decision, a person cannot be detained for more than 48 hours.” (Article 22, Part 2 of the Russian Constitution)
   “Administrative detention must not exceed three hours…” (Article 27.5, Part 1 of the Russian Code of Administrative Offenses)
   “A person subject to administrative proceedings that may result in administrative arrest can be detained for no more than 48 hours.” (Article 27.7, Part 3 of the Russian Code of Administrative Offenses)
8. Know what is recorded in protocols and other case materials. If you disagree, you can add your objections and clarifications or refuse to sign.
   “Officials must ensure everyone has the opportunity to familiarize themselves with documents and materials directly affecting their rights and freedoms.” (Article 24, Part 2 of the Russian Constitution)
   “An individual must be given the opportunity to review the protocol of an administrative offense. They have the right to provide explanations and comments, which are attached to the protocol.” (Article 28.2, Paragraph 4 of the Russian Code of Administrative Offenses)
   “A suspect has the right to review the protocol of investigative actions conducted with their participation and to submit comments.” (Article 46, Part 4, Paragraph 8 of the Russian Criminal Procedure Code)
9. Appeal any actions of officials.
   “A citizen has the right to file a complaint about actions (or decisions) that violate their rights and freedoms, either directly to the court or to a higher government body, official, or civil servant.” (Article 4 of the Russian Law ‘On Appealing to Court Actions and Decisions Violating the Rights and Freedoms of Citizens’; Article 254 of the Russian Civil Procedure Code)

Know your rights.