The key facts

  • When detained, do not resist or argue; challenge the legality later through a local lawyer
  • Under Article 36 of the Vienna Convention, the authorities are obliged to notify the consulate at the detainee's request
  • A consul does not provide legal assistance — you need to find a lawyer on the spot yourself

Rules of conduct when detained

If the police of a foreign state detain a Russian citizen, the first rule is not to show aggression, not to resist and not to argue on the spot, even if the detention seems unlawful. This was told to Gazeta.Ru by Alexander Karavaev, a lawyer with the project 'Children and the Law. The Limits of the Permissible' of the Federal Chamber of Lawyers of the Russian Federation. According to him, the legality of the police actions is best challenged later with the help of a local lawyer: physically resisting police officers is extremely risky.

Documents, the consulate and an interpreter

The second step is to calmly present your documents, state that you are a citizen of the Russian Federation, and demand that the consulate be notified. Karavaev refers to Article 36 of the Vienna Convention on Consular Relations: the authorities of the host country are obliged, without delay, to inform the consul of the detention of a foreign national at his request. The phrase 'I request consular access', according to the lawyer, will be understood by a police officer in any country. The third rule is not to sign any document in a foreign language without an interpreter and a lawyer: if the protocol is unclear, you should refuse to sign it and state the reason. The fourth is to immediately tell relatives where you are and what has happened. Before a trip, it is worth saving the contacts of the Russian embassy and consulate in your phone book and installing the Foreign Ministry app 'Assistant Abroad'.

If violence has been used and how a consul can help

In the event of a beating, Karavaev advises first of all to document what happened: demand a medical examination, remember the numbers of badges and cars, the appearance of those who beat you, photograph the injuries as quickly as possible, keep clothing with traces of blood and the contacts of witnesses. The beating should be reported to the consul at the first meeting — he has the right to request explanations from the local authorities, and after release you should immediately go to a hospital to have the injuries officially documented. At the same time, the consul, as the lawyer emphasizes, does not provide legal assistance: he monitors the observance of rights, helps with an interpreter, contacts relatives and can provide a list of local lawyers, so legal help on the spot must be sought without delay. Even before the trip, it is advisable to check whether your insurance policy includes legal assistance. Earlier, in September, the same lawyer advised not to believe promises from police officers along the lines of 'tell us everything and we'll let you go'.