What to do if you get beat up by a police officer

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

The fight for justice will be difficult and not necessarily effective.

Does the police have the right to beat someone

The law allows the police to use physical force, including fighting techniques, in several cases:

• to stop committing a crime or offense;
• if you need to detain and deliver the detainee to a department or special room;
• to suppress resistance to the lawful demands of the policeman (legal demands are an important clarification here);
• if in the current situation it is allowed to use special equipment or firearms.

All this also applies to the National Guard.

It is possible to use force for both the police and the National Guards only if non-force methods do not help.

In this case, the employee of the authorities must first warn about his intentions and give the person time and the opportunity to independently fulfill the requirements. An exception is if there is a threat to someone's life and health or the risk of serious consequences.

In other words, if someone holds a knife at the throat of their victim, you can take the knife away from him and pull it aside by force. Continue beating after he is neutralized - no. If, after the words of the policeman, he threw away the weapon and raised his hands, it is no longer possible to hit him. Moreover, it is impossible to beat a lying person, even if he is lying in the wrong place, in the opinion of the police, because this does not meet any of the conditions mentioned in the law.

If citizens have gathered in the square, do not use foul language, do not damage property, do not show aggression, do not interfere with traffic, then there is no reason to beat them with truncheons.

Oleg Cherkasov Leading Lawyer of the European Legal Service

In addition, a police officer is expressly prohibited from resorting to torture, violence, or other cruel or degrading treatment.

What to do if a police officer hits you in a public place

It will be necessary to perform several actions, the order of which depends on the physical condition of the victim. If it raises concerns, it would be logical to take care of your health first. If the condition is satisfactory, then select another priority.

Try to remember the participants

When contacting a citizen, a police officer is obliged to name his position, rank, surname and present, upon request, an official ID. But if someone goes to beat someone illegally, he is unlikely to start with ceremonies. You can also identify an employee by his personal number on the badge. True, sometimes they are sealed.

With Rosgvardia it is even more difficult. Its employees are obliged to introduce themselves only in individual cases, but even in them, under certain conditions, the National Guardsmen can avoid this "out of business."

However, if there is some way to identify who you are dealing with, it is worth trying. Remember special signs: eye color, scars, and the like.

Find eyewitnesses

You need witnesses who can prove that the police have violated the law. Take contacts from eyewitnesses, find out if someone filmed the incident on camera, and ask for a recording.

Report an incident

Oleg Cherkasov advises to call the hotline of the Ministry of Internal Affairs of your region and the prosecutor on duty.

Seek medical attention

Depending on the condition, call an ambulance or go to the hospital.

Ask to examine you, to provide medical assistance. If you say about the removal of the beatings, the doctor may refuse to see you, since you will not have a referral for a medical examination. Describe to the doctor in detail how you were injured, in which parts of the body you are experiencing pain, what is your general condition. This can affect the diagnosis, and later on the results of the examination to establish the severity of the harm to health.

Oleg Cherkasov

In parallel, it is possible to undergo a paid medical examination, it is carried out without any referrals. This will give you more evidence.

Contact the RF IC

The application can be submitted to the Investigative Department of the Investigative Committee at the place of residence. But Oleg Cherkasov recommends contacting the unit at the scene of the incident - so events will develop faster.

In the application, describe the details of the incident, attach evidence, indicate possible witnesses. The term for making a procedural decision is 3 days, but it can be extended by no more than 30 days.

What to do if a police officer beat you in the department

The algorithm of actions is about the same, only with some nuances.

Better to call an ambulance directly to the department. The place of the call will be recorded in the documents. In this case, it will be easier to prove that the beatings took place in the department. If possible, immediately record your injuries in a photo or video.

Oleg Cherkasov

You also have the right to medical assistance while you are at the police station. If you are not provided with it upon request, indicate this circumstance and data on well-being in the protocols or explanatory notes.

What threatens police officers with illegal use of force

This can be regarded as an abuse of office and entail punishment for the police officer under Article 286 of the Criminal Code of the Russian Federation. It provides for imprisonment for a term of 3 to 10 years.

Is it worth getting involved in the proceedings

Such a decision can only be made by the victim. And whatever he chooses, his position is normal. Such incidents cause not only physical but also psychological trauma. Not everyone has the strength to experience it over and over again, especially considering that there may not be any sense in all efforts.

According to the human rights organization Zona Prava, judges assign suspended sentences to guilty police officers in almost 50% of all convictions. And 4% of cases end in acquittals or are terminated due to exonerating circumstances, which is quite a high figure in general statistics.

However, if you do nothing, nothing will change. In addition, if you have evidence that you tried to get justice, but failed, you can subsequently appeal to the European Court of Human Rights.