A bandit in uniform is not a policeman, and the prosecutor’s office must be made to work.
State Duma in the third reading
In the event that the initiative is approved by the Federation Council and the President,
At the same time, provisions were excluded from the text of the bill, according to which the police were exempted from responsibility for actions during execution, and the police were not allowed to use weapons when the detainee tries to “perform other actions that give reason to regard them as a threat of attack”.
At the same time, the head of the Federation Council committee on constitutional legislation, Andrei Klishas, has already announced that the committee will approve these amendments following the State Duma.
People in shock
The expansion of police powers sparked a wave of panic and outrage on social media and comments on news sites:
“Tin !!! Throw, fabricate, perjure «,» Any passer-by can be detained for the reason that he may have items of theft, without any evidence, plant anything or force him to incriminate himself under pain of torture or intimidation «,» We must be ready for provocations and, in general, anyone police lawlessness «,» This stupid law on the powers of the police — abolish! «
Meanwhile, against the background of scandals related to cruel and mass rapes and beatings of people in the FSIN system, as well as a large number of stories related to abuse of office by police officers or even inhuman torture that innocent Russians are sometimes subjected to, the excitement of people looks quite justified.
Here you can recall the November story of a 14-year-old schoolgirl from St. Petersburg. She was harshly detained by several police officers just because she crossed the road in the wrong place.
If we talk about adults who have suffered at the hands of the «police», then it is worth paying attention to the film by journalist Yuri Dud: «Why is they tortured in Russia.»
In particular, the victims and human rights activists explain that sometimes absolutely innocent people are subjected to severe beatings, electric shocks and other tortures, after which they are ready to confess to any crimes, up to the murder of the 35th US President John F. Kennedy and the cult journalist of the 1990s Vlad Listyev.
Political scientist Alexey Makarkin in an interview with ForPost
At the same time, Russian President Vladimir Putin, during a meeting with members of the Human Rights Council, said that he “followed what was happening,” and in his opinion, systemic measures are needed, one of which should be work to make torture a separate corpus delicti. …
But not everyone shares the fears of a part of society that the expansion of police powers may provoke a scaling up of illegal actions of the security forces.
The police are serene
So, the head of the legal department of the Moscow police trade union, Igor Grishakov, considers the amendments to be timely and necessary. He substantiated each of them using situations in which it looks logical.
In particular, speaking about the right to introduce himself after arrest, Grishakov gave an example of conditional detention of an aggressor in a bar.
Often this performance simply turns into «clowning».
The lawyer explained the requirement that citizens should introduce themselves as police officers by the fact that by filming police officers on the phone, some people use this right in order to mock law enforcement officers. At the same time, refusing to give his name and surname.
Now law enforcement officers will have something to answer.
Grishakov substantiated the autopsy by those cases when drunk drivers lock themselves in the car, or a suspicious truck without a driver appears at the place of the procession.
And regarding the possibility of entering private property at the behest of victims or eyewitnesses, the trade union representative explained that this insures the police against false denunciations.
Meanwhile, the examination of the suspect for theft was allowed earlier, the lawyer noted. According to him, it is possible that the amendment simply clarifies the law.
The position of a human rights defender
Considering the degree of distrust of some part of society towards the police, it is unlikely that the answers of the representative of the security forces will be able to remove all suspicions.
Below we provide specific comments and responses of the human rights defender.
“I don’t break the law, and it turns out tomorrow, when I’m at work, and they will open my car or apartment according to the law, and wow, did you find a bag of drugs? So, what is next? Skiff? What about the Constitution? Home inviolability? Sideways? «, — wrote the reader
Fedotov explained that all the powers of the police were introduced so that employees could perform their professional duties, and not do something illegal.
The problem is that violations are committed regardless of what is written in the Law «On the Police». And if suddenly a law enforcement officer behaves like a criminal, then he becomes a criminal.
No law gives him the right to commit illegal acts.
At the same time, the law does not abolish the inviolability of the home. However, when a threat arises, the situation changes.
For example, the door is closed, and the voice of a child is heard from behind the door, shouting: «Save me, they are killing!» Shouldn’t the dwelling be opened in this case? Necessary.
And, if the law provides for this, then it is easier for a police officer to do it. Because otherwise, he will then write a thousand explanatory notes.
“I wonder if the police will compensate the home owner after opening the apartment on a false tip from the pioneer provocateurs?” — Asked Romanov Vasily.
The right to claim compensation for damage has not been canceled, as we wrote about above.
We also asked the human rights activist if the police would attract false eyewitnesses?
In his reply, he again pointed out that then the representatives of the law will again become just bandits, who should have nothing to do with the police.
These powers are given to police officers in order for them to carry out their duties, and not to commit crimes.
«Yes … the uniform of the policeman» on the market «will now increase in price. The gopnik will put on a uniform and can bomb apartments, garages, cars with impunity … People will only have to arm themselves and fight off anyone who broke into their homes, and only then figure out whether he was in uniform and whether he had the right to wear it, ”the commentator said. under the alias SB_Sb.
The bandits also used uniforms in Soviet times, Fedotov recalled. And now such cases also happen, only this has nothing to do with the law.
Does the law say that a police officer has the right to commit a crime? For example,
Prosecutor’s office, start working
“The law gives powers to the police, and as far as I understand, it does not fix responsibility for them in cases of non-confirmation of information and suspicions. Thus, permissiveness can give rise to lawlessness, and this is dangerous. The recent torture scandal in prisons is evidence of this, ”wrote
According to the ex-head of the HRC, in the absence of public control, any state body can become poorly managed, and then it already poses a danger to society.
When asked whether we see this dangerous transformation, Fedotov replied that where there is no established control, such a danger arises.
Therefore, in his opinion, it is necessary to radically strengthen the supervision of the prosecutor’s office.
Since the Investigative Committee was previously removed from the prosecutor’s office, the prosecutor now has almost no powers in relation to the investigation.
It is necessary not only to return the powers to the prosecutor’s office, but also to ensure that the warders use them, Fedotov is sure.
Despite the fact that the prosecutor’s office has very serious powers in the FSIN system, this does not lead to anything, he explained.
It is necessary to introduce the practice “when the prosecutor regularly conducts cell rounds and talks with all inmates,” and not just once a month.
He must accept any complaints «that may arise: in connection with the work of the investigation, inquiry, police.»
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