Skip to main content

Главная

What to do if you are detained at a rally?

The article under which you may be detained is Article 488 of the Code of Administrative Offenses of the Republic of Kazakhstan: “Violation of the legislation of the Republic of Kazakhstan on the organization and conduct of peaceful gatherings, rallies, marches, pickets, and demonstrations.”

DURING DETENTION

A police officer must approach you, state their position, rank, last name, and the department they serve in, as well as the reason for checking your documents. Upon duty, the officer receives a service badge. If requested, the police officer should show their service identification or this badge. If you did not hear their name and rank clearly, ask them to repeat it—this is important. Remember or write down the names of the officers conducting the detention and the number of the vehicle that will take you to the station.

During the detention, be polite: do not resist, do not be rude, and do not provoke. You have the right to film the detention process, and any request to stop filming is unlawful.

Find out information about the officers conducting the detention, where you will be taken, and the grounds for your detention. If you are not provided with all of this information or if your requests are ignored, note the discrepancies in the protocol that will be drawn up at the station.

After your detention, immediately inform your family and lawyer that you have been detained. If possible, record audio or video of what is happening around you. Share this media content online or send it to acquaintances. Keep track of all violations of your rights, as this will also need to be included in the protocol.

Requesting a lawyer is your right, and it is advisable to ask for a non-governmental lawyer. Make this request as soon as the detention begins.

Do not share any information until your lawyer arrives. Under no circumstances should you succumb to provocation from the police; respond politely and calmly that you will not speak without your lawyer present.

Inside the police vehicle, officers are not allowed to confiscate personal belongings, including food, water, or communication devices. Make copies of photos, videos, and audio materials, and share them online or send them to acquaintances.

ACTIONS AT THE POLICE STATION

Record the time. You will only receive detained status upon arrival at the police station, so the detention time starts counting only from that moment.

At the station, a protocol must be drawn up, in which you should include all your complaints (beatings, refusal to provide medical assistance, not explaining your rights, the officer not identifying themselves, confiscating your phone, etc.). Indicate the time you were brought in and describe all your grievances in as much detail as possible.

Do not sign any documents without reading them and consulting with a lawyer first. If you do not have a lawyer, ask your relatives to find one for you or try to “join” someone nearby who has legal representation.

Request a copy of the protocol and any other documents drawn up against you, as you will need them later.

Administrative detention cannot last more than three hours. Administrative detention for participating in a rally can last no more than 24 hours. The start of the detention period is the hour, to the minute, when the restriction of freedom of the detained person became real, regardless of the status assigned to the detainee.

HOW TO PROTECT YOUR RIGHTS

If your rights were violated at any stage, you can file a complaint with a higher authority—such as the head of the police department, the prosecutor’s office, or take your case to court.

If you do not receive help in Kazakhstan, you can submit a complaint to the UN Human Rights Committee.

Here are the hotlines where you can report violations during your detention at a rally and more:

• Youth Information Service of Kazakhstan: +7 777 669 65 00

• Hotline of the Ministry of Internal Affairs of the Republic of Kazakhstan: +7 (717) 271 29 01

Subscribe to the newsletter

This email address is being protected from spambots. You need JavaScript enabled to view it.

Contacts

050008, Almaty, Kazakhstan, office 728, Abay avenue, 52 В, business center Bayzak

+7 776 577 2272 (call and WhatsApp) This email address is being protected from spambots. You need JavaScript enabled to view it.

we are in social networks

© МИСК, 1998-2024. All rights reserved.