What if you beat a policeman
The law allows Article 20. The use of physical force // Federal Law of 07.02.The 2011 N 3-FZ "On the Police" police apply physical strength, including combat faults of the struggle, in several cases:
- to stop committing a crime or offense;
- If you need to delay and deliver the detainee to the department or special premises;
- To stop resistance to the legal requirements of the police (legal requirements here – an important clarification);
- If the current situation is allowed to apply special needs Article 21. Application of special funds // Federal Law from 07.02.2011 N 3-FZ "On Police" or Firearms Article 23. Application of firearms // Federal Law from 07.02.2011 N 3-FZ "On Police" .
Apply force and police, and the Rosgvardeys can only if the irregular methods do not help.
At the same time, an employee of the authorities must first warn Article 19. The procedure for the use of physical strength, special means and firearms // Federal Law of 07.02.2011 N 3-FZ "On the police" about his intentions and give a person time and the ability to independently fulfill the requirements. Exception – If there is a threat to life and health or the risk of severe consequences.
In other words, if someone holds a knife at the throat of his sacrifice, take the knife from him and drag him in the direction of force. Continue beating after it is neutralized – no. If after the words of the policeman he threw the weapon and raised his hands, he could not hit him. Moreover, it is impossible to beat lying, even if it lies in the wrong, according to police, place, because it does not answer any of the conditions mentioned in the law.
If citizens gathered on the square, are not expressed in obscene abdomen, do not damage the property, they do not show aggression, do not interfere with the movement of transport, there is no reason to beat them with batons.
And another Police employee is directly prohibited Article 5. Compliance and respect of human rights and freedoms and citizen // Federal Law of 07.02.2011 N 3-FZ "On the police" to resort to torture, violence, other cruel or degrading human dignity.
What if the policeman beat you in a public place
It will be necessary to make several actions whose order depends on the physical condition of the victim. If it causes concerns, it will be logical to make health first. If the state is satisfactory, then choose another priority.
Try to remember the participants
When contacting a citizen, a policeman owes article 5. Compliance and respect of human rights and freedoms and citizen // Federal Law of 07.02.2011 N 3-FZ "On the police" to call your position, the title, surname and make a service certificate on demand. But if someone goes to someone illegally beat, it is unlikely that he will start with the ceremonies. Also identify the employee can be on the personal number on the badge. True, sometimes they turn out to be sealed in the Ministry of Internal Affairs responded to messages about the miscalculated police guts at the Moscow City Court .
Romgvardia is even more difficult. Her employees are obliged to Article 4.1. Compliance with the rights and freedoms of man and citizen in the activities of the troops of the National Guard // Federal Law of 03.07.2016 N 226-FZ "On the troops of the National Guard of the our Federation" to submit only in some cases, but even in them under certain conditions, the Rosgvardeys can avoid this "according to the official need".
However, if there is some way to identify who you are dealing with, you should try. Remember special signs: eye color, scars and the like.
You need witnesses that will be able to confirm violation by the police. Take contact with eyewitnesses, find out if someone did someone in the chamber, and ask for entries.
Report an incident
Oleg Cherkasov advises to call the confidence of the Ministry of Internal Affairs of your region and the attendant to the prosecutor.
Contact medical care
Depending on the state, call an ambulance or go to the hospital.
Ask exactly inspecting you to provide medical care. If you say about removing the beatings, the doctor may refuse the reception, since you will not have directions for a medical examination. Describe the doctor in detail how you inflicted injuries in what parts of the body you feel pain, what is your general condition. This may affect the diagnosis, and further on the results of the expertise on the establishment of harm to health.
In parallel, you can go through a paid medical examination, it is carried out without any directions. So you will have more evidence.
Contact the RF IC
The application can be submitted to the Investigation Department of the Investigative Committee at the place of residence. But Oleg Cherkasov recommends contacting the division at the occasion – so events will develop faster.
In the statement, describe the details of the incident, make evidence, specify possible witnesses. The term of the procedural decision is 3 days, but it can be extended by no more than 30 days.
What if the policeman beat you in the department
The algorithm of action is about the same, only with some nuances.
Better to call an ambulance straight to the department. Call location will be recorded in documents. In this case, it will be easier to prove that the beatings occurred in the department. If possible, immediately fix your injuries in the photo or video.
The right to medical assistance you have article 14. Detention // Federal Law from 07.02.2011 N 3-FZ "On the Police" and during the police station. If you do not provide it on demand, specify this circumstance and information about health in protocols or explanatory.
What threatens the police to the illegal use of force
It may be regarded as an excess of official authority and entail for a police officer Punishment under Article 286 of the Criminal Code Article 286. Exceeding authority of the Criminal Code of the our Federation. It provides for imprisonment for a period of 3 to 10 years.
Whether to get involved in the proceedings
This decision can only take the victim. And no matter how he chose, his position is normal. Such incidents are applied not only physical, but also psychological trauma. Not everyone has the strength to worry about it again and again, especially with regard to the sense of all efforts may not be.
According to torture in Russia: the security forces receive a suspended period, and the victims are meager compensation for the human rights organization "Right Zone", the judges are appointed by the police officers almost 50% of all convictions. And 4% of cases are completed by exclusive sentences or cease through rehabilitation circumstances, which in general statistics there is a rather high indicator.
Nevertheless, if nothing do nothing, nothing will change. In addition, if you have evidence that you have tried to achieve justice, but could not, subsequently you can contact the European Court of Human Rights.