Minsk, Belarus

• Stay calm. It is not a good idea to run. Speak carefully and clearly. Anything you say can be used against you in a court of law.
• It is not a good idea to touch the officers. Keep your hands where the police can see them.
• It is not a good idea to resist, even if you're innocent or if you think the police are acting unfairly or unlawfully.

a. Can the police arrest you for refusing to answer questions?

ANSWER: No. You cannot be arrested if you haven't done anything wrong.

However, based on local media reports, it appears that these rules are not always respected in practice.

Source: Constitution of the Republic of Belarus, as amended Конституция Республики Беларусь | Официальный интернет-портал Президента Республики Беларусь (president.gov.by) ("Constitution"), Article 24: "The State shall protect human life from any unlawful encroachment"

Article 25: "The State shall ensure the freedom, inviolability and dignity of the person. Restriction or deprivation of personal liberty is possible in the cases and in the manner prescribed by law. A person remanded in custody has the right to a judicial review of the lawfulness of his detention or arrest"

b. What if the officers do not identify themselves?

ANSWER: No. You cannot be arrested if you haven't done anything wrong.

However, based on local media reports, it appears that these rules are not always respected in practice and security forces sometimes wear plain clothes.

Source: Constitution of the Republic of Belarus, as amended Конституция Республики Беларусь | Официальный интернет-портал Президента Республики Беларусь (president.gov.by) ("Constitution"), Article 24: "The State shall protect human life from any unlawful encroachment"

Comment: We couldn't find any legal reference requiring police officers to identify themselves.

c. What if an officer just begins speaking to me but does not order me to do anything?

ANSWER: You cannot be arrested if you haven't done anything wrong. You do not have to engage in conversation with the police and you cannot be forced to answer questions.

However, based on local media reports, it appears that these rules are not always respected in practice.

Source: Constitution of the Republic of Belarus, as amended Конституция Республики Беларусь | Официальный интернет-портал Президента Республики Беларусь (president.gov.by) ("Constitution"), Article 24: "The State shall protect human life from any unlawful encroachment"

Article 25: "The State shall ensure the freedom, inviolability and dignity of the person. Restriction or deprivation of personal liberty is possible in the cases and in the manner prescribed by law. A person remanded in custody has the right to a judicial review of the lawfulness of his detention or arrest"

Article 27. "No one should be compelled to give testimony and explanations against himself, members of his family, close relatives. Evidence obtained in violation of the law has no legal force."

d. What if the officer is not in uniform or identified as an officer but I think it is one?

ANSWER: You cannot be arrested if you haven't done anything wrong. You do not have to engage in conversation with the police.

However, based on local media reports, it appears that these rules are not always respected in practice.

Source: Constitution of the Republic of Belarus, as amended Конституция Республики Беларусь | Официальный интернет-портал Президента Республики Беларусь (president.gov.by) ("Constitution"), Article 24: "The State shall protect human life from any unlawful encroachment"

Article 25: "The State shall ensure the freedom, inviolability and dignity of the person. Restriction or deprivation of personal liberty is possible in the cases and in the manner prescribed by law. A person remanded in custody has the right to a judicial review of the lawfulness of his detention or arrest"

e. Can I tell police I do not want to speak without a lawyer?

ANSWER: You can tell the police that you would like to speak to a lawyer before answering any questions. If you are 14 or older, you have a right to get help from a lawyer at any moment in dealing with courts and other state bodies, like the police.

Article 13, Belarus Law on Child' Rights

https://archive.crin.org/en/library/legal-database/belarus-law-childs-rights.html

Article 37(d) UN Convention on the Rights of the Child (to which Belarus is a *party)

*Belarus is a party to the Convention, but its provisions cannot be applied directly, they should be incorporated into the national legislation to be applicable

https://www.unicef.org.uk/wp-content/uploads/2016/08/unicef-convention-rights-child-uncrc.pdf

Under the Constitution, everyone has the right to get help from a lawyer when dealing with the police or the courts. It is illegal in Belarus to stop someone from speaking to a lawyer.

Article 62, Constitution of Belarus

http://law.by/databank-business/constitution-of-the-republic-of-belarus/

Based on local media reports suggest, however, that these rights are not always respected.

f. If I sit down, am I resisting?

ANSWER: Whether sitting down would be considered resisting the police is unclear but, in general, you should calmly follow the instructions of the police and not argue or resist.

It is not a crime if the police injure someone in arresting or detaining them, meaning that if you run, the police may not be concerned if they injure you while stopping you.

Article 35.1, Criminal Code of Belarus

http://law.by/document/?guid=3871&p0=HK9900275

If you feel you need to sit, for example because you are hurt or tired, ask the police first and follow their instructions.

g. If I am stopped in a group, and some kids run, can I run?

ANSWER: You should not attempt to run from the police. You should cooperate with the police calmly and follow their instructions.

Resisting arrest is a serious crime in Belarus, punishable by a fine or imprisonment.

Article 363, Criminal Code of Belarus

http://law.by/document/?guid=3871&p0=HK9900275

Under the laws of Belarus, it is not a crime to harm someone:

• in the process of detaining them for transfer to the authorities;
• preventing the possibility of a crime being committed; or
• preventing someone from hiding from investigation.

This means that, if you try to run, the police may use force to stop you and may injure you.

Article 35.1, Criminal Code of Belarus

http://law.by/document/?guid=3871&p0=HK9900275

h. Can I tell others (siblings, for example) to run?

ANSWER: It is a crime to resist arrest in Belarus. Resisting arrest as a group is considered more serious. Even though you want to protect the other person, for example your sibling), you should not tell them to run.

If they are detained, they may be charged with resisting arrest and you may also be charged with this.

Article 363.1 and 363.2, Criminal Code of Belarus

http://law.by/document/?guid=3871&p0=HK9900275

Also, two or more people acting together in committing a crime is recognised as acting complicitly. This means that you may both be charged with an offence or one charged as the accomplice of the other. Potentially, this may make resisting arrest even more serious. Most probably this would be more serious as a resistance by the group is punishable by restriction of liberty for a term of up to five years or imprisonment for a term of up to seven years (Art. 363 (2) Criminal Code)

Article 16.1 and 16.2, Criminal Code of Belarus

http://law.by/document/?guid=3871&p0=HK9900275

In addition, it is not a crime for police to injure someone in detaining or arresting them when they seek to resist or hide from the police.

Article 35.1, Criminal Code of Belarus

http://law.by/document/?guid=3871&p0=HK9900275

i. If the officer's language is not my first language, can I tell them without waiving my rights?

ANSWER: Yes, you should tell the officer that Belarusian is not your first language. This should not affect or waive any of your rights.

Article 11 of the Constitution of Belarus allows foreign nationals to enjoy the same rights and freedoms of citizens of Belarus. One right which exists, under Article 50, is the right to use one's native language and to choose one's language of communication.

http://law.by/databank-business/constitution-of-the-republic-of-belarus/

In addition, Article 21 (2) of the Code of Penal Procedure provides the right to orally or in writing make statements, offer explanations or to make complaints in your native language.

https://cis-legislation.com/document.fwx?rgn=2002

In addition, a participant in an administrative process who does not speak or does not have sufficient knowledge of Belarusian or Russian shall be guaranteed the right to make oral or written statements, in his native language or in the language he or she speaks. There is a right to the services of an interpreter free of charge in the manner prescribed by Article 2.11 of the Code of Procedure and Execution of the Republic of Belarus

https://etalonline.by/document/?regnum=hk2100092

Article 3.3 of the Criminal Code also provides that persons who have committed a crime are equal before the law, regardless of (among other things) language.

http://law.by/document/?guid=3871&p0=HK9900275

j. If I did not do anything, can they stop me?

By law, if you haven’t done anything wrong or illegal, police are not supposed to harass, detain or arrest you. They may stop you to investigate crimes but you are free to ask them whether or not arrested and free to leave.

• You have the right to say no to searches of your person.
• You have the right to say no to searches of your car, house or other surroundings.
• You cannot be arrested for refusing to consent to a search without a warrant.
• A warrant is a court order so you have no choice but to consent.

What if a police officer wants to search my phone?

ANSWER: You do not have to give access to your phone if a police officer simply asks. Although, according to most media reports, any rejection to provide access to the phone will aggravate the treatment of a person suspected of something by the police. In practice, most people choose to provide access to the phone, even though it is not mandatory by law.

Source: Article 28 Constitution of the Republic of Belarus, 1989 Convention of United Nations Organization "On Child's Rights": "Right to Protection from Illegal Interference to Private Life, Infringement of Correspondence Privacy

Every child has the right to protection from illegal interference to his private life including the infringement of correspondence privacy, telephonic and other communication." Belarus Law on Child's Rights | CRIN

Article 2.7 Code of the Republic of Belarus No. 92-Z (Code of the Republic of Belarus of January 6, 2021 No. 92-Z "Procedural and Executive Code of the Republic of Belarus on Administrative Offenses.") (etalonline.by) "No one has the right to enter a person's home or other lawful possession against his will."

What if a police officer asks me for my password to my phone?

ANSWER: You do not have to provide the police with the password to your phone.

Article 28 of the Constitution states that everyone shall be entitled to protection against unlawful interference with one's private life, including encroachments on the privacy of one's correspondence and telephone and other communications, and on one's honour and dignity. Accordingly, a person does not have to give access to their personal device if a police merely asks.

The police could access your phone if they have authority from a judge or an order from the public prosecutor. 

https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/belarus/

However, you should have the right to access a lawyer so that they can verify any authority claimed by the police.

Article 13, Belarus Law on Child' Rights

https://archive.crin.org/en/library/legal-database/belarus-law-childs-rights.html

Article 62, Constitution of Belarus

http://law.by/databank-business/constitution-of-the-republic-of-belarus/

What if they tell me to give them my password or other access to my phone?

ANSWER: The police can only access your phone if they have authority from a judge or an order from the public prosecutor.

https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/belarus/

You should have the right to access a lawyer so that they can advise you as to whether you should agree to the police's request to access your phone.

Article 13, Belarus Law on Child' Rights

https://archive.crin.org/en/library/legal-database/belarus-law-childs-rights.html

"Article 13. Protection of Rights and Interests by a Child

A child at the age of 14 and older has the right to receive legal help for realization and protection of his rights and freedoms including the right to use the lawyer's help at any moment and other representatives in the court, other state bodies and in relations with officials and citizens without consent of parents or persons substituting them.

In cases provided by the legislation of the Republic of Belarus a child is provided with legal help by the Bar association free of charge.

In the case of violation of child's rights determined by the Convention of Organization of United Nations "On Child's Rights" and other acts of legislation of the Republic of Belarus the child has the right to submit the applications to the body of guardianship and trusteeship, Office of Public Prosecutor, and at reaching the age of 14 can submit the application on protection of his rights and interests to the Court, and also realize the protection of rights and interests through his own representatives."

Do I have to give them my device password if they demand it from me if I am not under arrest? What if they just ask for it?

ANSWER part D: you do not have to provide the police with the password to your phone.

Article 28 of the Constitution states that everyone shall be entitled to protection against unlawful interference with one's private life, including encroachments on the privacy of one's correspondence and telephone and other communications, and on one's honour and dignity. Accordingly, a person does not have to give access to their personal device if a police merely asks.

The police could access your phone if they have authority from a judge or an order from the public prosecutor.

https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/belarus/

However, you should have the right to access a lawyer so that they can verify any authority claimed by the police.

Article 13, Belarus Law on Child' Rights

https://archive.crin.org/en/library/legal-database/belarus-law-childs-rights.html

Article 62, Constitution of Belarus

http://law.by/databank-business/constitution-of-the-republic-of-belarus/

e. What tools can police use to search me? What technology? (Facial recognition, hidden cameras, finger print searches, etc.)

ANSWER: The State of Belarus has introduced powers to allow video surveillance behind condition of public safety, surveillance of 

communication channels, surveillance of data, etc.

PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS of May 25, 2017 No. 187 About republican monitoring system of public safety

https://cis-legislation.com/document.fwx?rgn=98321

Face biometrics use by law enforcement has not been banned in public spaces. https://www.biometricupdate.com/202103/police-facial-recognition-use-in-belarus-greece-myanmar-raises-rights-data-privacy-concerns

However, the above measures are to be considered in light of fundamental children's rights as below

Articles 26 and 28, Belarus Law on Child' Rights

https://archive.crin.org/en/library/legal-database/belarus-law-childs-rights.html

Article 26. Right to Freedom of Associations

Children have the right to join the independent children's' and youth public associations on conditions that activity of these associations does not contradict the Constitution and the legislation of the Republic of Belarus, does not disrupt public order and state security, does not damage the health or morality of the population, does not infringe the rights and interests of other people.

The state renders material and other assistance to children's and youth public associations.

Article 28. Right to Protection from Illegal Interference to Private Life, Infringement of Correspondence Privacy

Every child has the right to protection from illegal interference to his private life including the infringement of correspondence privacy, telephonic and other communication

https://privacyinternational.org/examples/4572/belarus-installs-facial-recognition-surveillance-system

f. Can they search my backpack or other item I am carrying?

ANSWER: You do not have to give access to your backpack if a police officer simply asks.

Source: Article 28 Constitution of the Republic of Belarus, 1989 Convention of United Nations Organization "On Child's Rights": "Right to Protection from Illegal Interference to Private Life, Infringement of Correspondence Privacy Every child has the right to protection from illegal interference to his private life including the infringement of correspondence privacy, telephonic and other communication." Belarus Law on Child's Rights | CRIN

Article 2.7 Code of the Republic of Belarus No. 92-Z (Code of the Republic of Belarus of January 6, 2021 No. 92-Z "Procedural and Executive Code of the Republic of Belarus on Administrative Offenses.") (etalonline.by) "No one has the right to enter a person's home or other lawful possession against his will."

g. Can they take my picture or record me?

ANSWER: The police have to have legal grounds to stop you, search you or arrest you. They have to tell you what those grounds are. They cannot arbitrarily stop you and / or take images of you. This is because you have the right to move around freely (art 39 constitution), right to privacy (art 28 constitution), liberty and dignity (art 53 of the constitution)

http://belhelcom.org/en/news/interaction-militia-human-rights-defenders-advice

If they have stopped you and they want to question you, you should have access to a lawyer. 

Article 13, Belarus Law on Child' Rights

https://archive.crin.org/en/library/legal-database/belarus-law-childs-rights.html

Article 62, Constitution of Belarus

http://law.by/databank-business/constitution-of-the-republic-of-belarus/

While questioning you, they can record you, or take pictures of you. 

h. Can they ask me where I am going and why?

ANSWER: You can tell the police that you would like to speak to a lawyer before answering any questions, including where you are going and why.

Article 13, Belarus Law on Child' Rights

https://archive.crin.org/en/library/legal-database/belarus-law-childs-rights.html

Article 62, Constitution of Belarus

http://law.by/databank-business/constitution-of-the-republic-of-belarus/

The police have to have legal grounds to stop you, search you or arrest you. They have to tell you what those grounds are. They cannot arbitrarily stop you and / or take images of you. This is because you have the right to move around freely (art 39 constitution), right to privacy (art 28 constitution), liberty and dignity (art 53 of the constitution)

http://belhelcom.org/en/news/interaction-militia-human-rights-defenders-advice

You cannot be compelled to incriminate yourself, members of your family or the next of kind (Article 27 constitution)

• The police may arrest you because they suspect you of committing (or having committed) a violation of the law, or if they suspect that you currently have evidence of a crime.
• Sometimes police have a warrant for an arrest. You should be clear on what kind of warrant is being presented to you if that is the case.
• It is a good idea to review any paper from police/warrant carefully, to ensure you understand what exactly is covered.
• If arrested, you may be charged with a felony for a more serious crime (with potential jail time of one year or more), a misdemeanor for a less serious crime (with jail time of less than one year) or a violation.
• If the police arrest you, they also have the right to search you. Anything found during this search may be used as evidence against you.

According to the Law on the Legal Status of Foreigners, "Foreigners, at the request of officials of internal affairs bodies, state security bodies, border service bodies, are required to present a document for traveling abroad, other documents established by the legislation of the Republic of Belarus, which prove that they are staying in the Republic of Belarus legally, and also give explanations, relating to their stay in the Republic of Belarus." Art. 62 https://www.mfa.gov.by/kcfinder/upload/files/GKU/zakon_105_3.pdf

Provisions of this Law imply that foreigners in Belarus might be asked any time about their legal status in the country by the police.

a. What if I did not do anything illegal, must I speak with the police and answer questions?

ANSWER: You cannot be arrested if you haven't done anything wrong. You do not have to engage in conversation with the police and you cannot be forced to answers questions.

However, based on local media reports, it appears that these rules are not always respected in practice.

Source: Constitution of the Republic of Belarus, as amended Конституция Республики Беларусь | Официальный интернет-портал Президента Республики Беларусь (president.gov.by) ("Constitution"), Article 24: "The State shall protect human life from any unlawful encroachment"

Article 25: "The State shall ensure the freedom, inviolability and dignity of the person. Restriction or deprivation of personal liberty is possible in the cases and in the manner prescribed by law. A person remanded in custody has the right to a judicial review of the lawfulness of his detention or arrest"

Article 27. "No one should be compelled to give testimony and explanations against himself, members of his family, close relatives. Evidence obtained in violation of the law has no legal force."

b. What if they tell me something they are investigating that is wrong? Must I correct them?

ANSWER: The police are not required to always tell the truth. They may lie to you during the course of an investigation, including lying about the strength of the case they have against you and particular evidence they have in their possession.

You should not take police statements at face value. It is important to read any written document that you are asked to sign because it might be a written confession.

After the interrogation, carefully study the protocol. There should be no blank fields in it; if this is the case, then ask them to fill them out immediately, or add dashes yourself.

Pay careful attention to the wording of the testimony. If you disagree with something, then at the end you can express your comments without restrictions.

Remember you can / should remain silent to avoid unintentionally incriminating yourself if you believe the police officer is not being honest.

Source: Criminal Code § 12.

Code of ethics for internal affairs officers (approved by order No 67 of the Ministry of Internal Affairs on 4 March 2013).

You are not required to make a statement, answer police questions or participate in a police investigation, including correcting the police if they say the wrong thing.

The police cannot force you to make a statement against yourself, your family, or a close relative. This means that you can tell the police that you wish to remain silent during questioning if what you say might be used against you. Even if you think that nothing you say can be used again you, it is better to remain silent and to request to speak with an attorney.

§§ 10 (paragraph 4), 17 (paragraph 1), 41 (paragraph 2, subparagraph 1), 44 (paragraph 7, subparagraph 2), 215 (paragraph 2), 219 (paragraph 1), 221 (paragraph 1), and 434 (paragraph 1).

Belarusian Helsinki Committee

http://belhelcom.org/en/news/interaction-militia-human-rights-defenders-advice; http://belhelcom.org/en/news/peaceful-mass-event-legal-advice

Article 27 of the Constitution of the Republic of Belarus

https://president.gov.by/ru/gosudarstvo/constitution

*Criminal code is regulated by the Code of Criminal Procedure and Law on operational-search activities

c. What if an officer just begins speaking to me but does not order me to do anything?

ANSWER: You cannot be arrested if you haven't done anything wrong. You do not have to engage in conversation with the police and you cannot be forced to answers questions.

However, based on local media reports, it appears that these rules are not always respected in practice.

Source: Constitution of the Republic of Belarus, as amended Конституция Республики Беларусь | Официальный интернет-портал Президента Республики Беларусь (president.gov.by) ("Constitution"), Article 24: "The State shall protect human life from any unlawful encroachment"

Article 25: "The State shall ensure the freedom, inviolability and dignity of the person. Restriction or deprivation of personal liberty is possible in the cases and in the manner prescribed by law. A person remanded in custody has the right to a judicial review of the lawfulness of his detention or arrest"

Article 27. "No one should be compelled to give testimony and explanations against himself, members of his family, close relatives. Evidence obtained in violation of the law has no legal force."

d. What is the legal difference between talking to them if they do not tell me I am under arrest, versus after they inform me that I am under arrest?

ANSWER: If you have been arrested, and you are under the age of 18, police are required to tell your parent, caretaker or legal guardian immediately.

If you are 14 years old, a teacher or psychologist must be present before the police can question you.

If you are 14 to 16 years old, the investigator can choose to allow a teacher or psychologist to be present.

If the police arrest and question you, the government must provide you with a free lawyer who you briefly consult before questioning begins.

If you are suspected of a crime, you have the right to a legal defense. However, the right to have a lawyer is not always guaranteed as authorities can remove your defense lawyer if they think there are sufficient reasons to do so. If the police do not allow you to speak with your attorney, you should inform the police that you wish to exercise your right to remain silent.

The police may record your questioning once they arrest you.

Source: 

§§ 10 (paragraph 4), 17 (paragraph 1), 41 (paragraph 2, subparagraph 1), 44 (paragraph 7, subparagraph 2), 215 (paragraph 2), 219 (paragraph 1), 221 (paragraph 1), and 434 (paragraph 1).

Article 25, Constitution: "The State shall ensure the freedom, inviolability and dignity of the person. Restriction or deprivation of personal liberty is possible in the cases and in the manner prescribed by law. A person remanded in custody has the right to a judicial review of the lawfulness of his detention or arrest"

Belarusian Helsinki Committee

http://belhelcom.org/en/news/interaction-militia-human-rights-defenders-advice; http://belhelcom.org/en/news/peaceful-mass-event-legal-advice

Article 13. Protection of Rights and Interests by a Child

e. If I am detained, how long can I be held for?

ANSWER: If you are detained the maximum period you can be held for without charge is 72 hours.

The criminal prosecution body does not have the right to hold a detainee in the position of a suspect for more than 72 hours, and a person to whom a preventive measure has been applied - for more than ten days from the date of announcement to the suspect of the decision to apply the preventive measure, including the period of detention, with the exception of cases provided for in parts 4 and 5 Article 108 of this Code.

More details: https://zakony-by.com/ugolovno-protsessualnyj_kodeks_rb/40.htm

Article 40.2, Code of Penal Procedure.

https://cis-legislation.com/document.fwx?rgn=2002

a. What is the difference between the police deciding to search me or my belongings (phone, person, backpack) and me agreeing to the search?

ANSWER: If you are walking down the street in a public place, the Police might stop you and ask you if they can search your pockets and clothes (like in Airport security). Sometimes, Police might even ask if they can look inside your bag (if you are carrying one) or ask if they can look at your unlocked smart phone.

In each situation, you should stay calm and remember that the law might require you to do or say different things.

Pocket or Bag Search

If a Police officer asks you to empty your pockets or look inside your bag, the law will require you to do so depending on the place where you are in.

For example, if you are in a train station, airport, metro station, sports facility or dangerous site, you are required to empty your pockets.

But if you are at school, the law only requires you to empty your pockets if the Police explains that they have serious grounds to search you. For example, they have received information that you are carrying a gun or dangerous weapon.

[Article 25 of the law on the Internal Affairs Bodies] 

Law of the Republic of Belarus No. 263-Z (Law of the Republic of Belarus of July 17, 2007 No. 263-Z "On Internal Affairs Bodies of the Republic of Belarus.") (etalonline.by)

Smart Phone Search

If a Police officer asks you if he/she can search your phone, you do not have to give them access if you do not want to. This is because your phone has personal information that belongs to you. You should always be respectful if your answer is no. 

[Art.28 of the Constitution]

Constitution of the Republic of Belarus (law.by)

b. What if they tell me to give them information versus them asking and me providing answers voluntarily?

ANSWER:

Background

Belarus law says that you have the right to keep quiet if the Police ask you for information. You also have the right to refuse to give the Police information if they ask for it. 

[Article 23 of the Constitution of Belarus]

Constitution of the Republic of Belarus (law.by)

Article 23. Restriction of rights and freedoms of the individual shall be permitted only in the instances specified by law, in the interests of national security, public order, protection of the morals and health of the population as well as rights and freedoms of other persons. No one may enjoy benefits and privileges that are contrary to law.

What if the Police have asked me to give them information?

If a Police officer has asked you to give information, you can politely ask them to contact your parents/guardians before they continue to speak to you. As you are a minor, you can choose to speak to a Police officer with a parent/guardian present in the room with you.

What if I have given information to the Police voluntarily? 

If you choose to give information to the Police in Belarus (even if they haven't asked you for it), the information you give can be used against you by a lawyer in Court. This means that you need to be extra careful with what you say or the information you give might make you look bad. 

[Article 63 of the Criminal Procedure Code of Belarus]

• No. Police officers can legally arrest you without a warrant in several circumstances:
  • When the crime is committed in front of the police officers; or
  • When the officer has probable cause (reason to suspect) that the suspect committed a felony, whether or not the act was done in front of them.

a. If I did not do anything, can they stop me?

ANSWER: Police can stop you if they're investigating a crime, but by law police must request permission from a legal official to hold a person for more than three hours.

Source: Belarus - United States Department of State

Comment: however, police usually ignore this procedure and routinely detained and arrested individuals without warrants.

b. Can I ask for the reason they stopped me?

ANSWER: If you are stopped on the street, you should keep calm mentally and physically, answer questions politely and correctly and ask the police officer to explain briefly why they have stopped you.

Source: Constitution of the Republic of Belarus, as amended ("Constitution") Section 2, Articles 24.

c. Can I advocate for another young person stopped by police if we are stopped together?

ANSWER: It is always best to seek the help of a relative or legal guardian to advocate for another young person when stopped by the police. Ask to inform relatives about the detention so they can hire a lawyer. Remember that you are not required to speak to police if it could implicate you or others in a crime.

Source: Constitution of the Republic of Belarus, as amended ("Constitution") Section 2, Articles 24 and 27.

d. If I think the stop is unjustified, what can I do?

ANSWER: If you think you have been stopped by a police officer in an unjustified manner, you have the right to an appeal or file a complaint if you feel that your rights have been violated. A written complaint will have to be submitted to the Prosecutor's Office.

Source: Criminal Code §§ 190 and Article 2.15 Procedural-Executive Code of the Republic of Belarus on Administrative Offenses

e. Can I get the officer's identifying information for a future complaint?

ANSWER: You can ask for information which identifies the officer, such as their name and badge number. You can include this information as part of a future complaint. However, while difficult, you must file your complaint within 20 days of your detention.

Source: Paragraph 1 of Article 41 of the Criminal Procedural Code

• You are under police custody if you do not feel free to leave an officer's presence, or if a reasonable person in your shoes would not feel free to leave.
• If the following happens, you are likely under arrest under the law:
  • an officer handcuffs you;
  • an officer forcibly holds you down;
  • an officer puts you into the back seat of a police car; or
  • an officer warns you about your rights.
• An officer only has to warn you of your rights before the police question you. This means an officer can arrest you before warning you of your rights.
• An arrest without rights warnings is still a valid arrest; it just may mean that evidence collected from it is not admissible in court later.

a. What if I do not know if I am under arrest?

ANSWER:

The Arrest Process

Police in Belarus have to follow different steps before they can arrest someone. One of the steps is to tell the person under arrest that they are being arrested. This is done so the person being arrested is not caught off-guard and, in some circumstances, is made aware that they are being taken to a Police station.

The law says that you have the right to ask the Police to explain the reason why you are being arrested. 

If you are arrested, you can tell the Police that you want to speak to a lawyer and you can choose not to answer any questions they ask until your lawyer arrives to speak with you. 

[Criminal Code] - Note: latest publication could not be found as an online source. 

b. What is the difference between detention and arrest?

ANSWER:

Detention

Means that the Police have the right to keep you in the Police station for a short time until you can be released. This can last up to a maximum of 3 days. 

Arrest

Means that you have been charged for committing a crime and so the Police might keep you in the Police station until your trial takes place in court. 

If the Police keep you in the Police station because they want to ask you questions, the law says that you can speak to a lawyer for free if you ask the Police. Before you ask to speak to a lawyer, you can also ask the Police to contact you parents/guardians.

[Criminal Code] - Note: latest publication could not be found as an online source.

c. If I am handcuffed, am I arrested?

ANSWER: Yes, being handcuffed is only one of the many steps to becoming arrested. Under Belarus law, the police must make it clear that you are being arrested before they handcuff you. The moment they explain that you are being arrested is the point at which the law recognizes you are arrested.

d. If my liberty is restricted, am I under arrest?

ANSWER: The answer to this question is not very straightforward. The law says that every citizen in Belarus has their liberty protected but in some situations, such as being arrested, this liberty is restricted. This restriction takes place because you are not free to do what you wish. 

Constitution of the Republic of Belarus (law.by)

[Article 25 of the Belarus Constitution]

Article 25. The State shall safeguard personal liberty, inviolability and dignity. The restriction or denial of personal liberty is possible in the instances and under the procedure specified by law.

• You can use your right to remain silent or any of your other rights (e.g., the right to an attorney) by saying that you want to use that right.
• You are also able to waive your rights (that is, not use them) by, for example, saying 'Yes, I understand my rights but I am ready to talk to you.' This is not a good idea without a lawyer present.
• Make sure you know what you're doing in giving up your rights

a. How do things change if I am read my rights by police?

ANSWER: If you are detained, the police must inform you of your rights. You can exercise your right to remain silent by (politely and respectfully) telling the arresting officer that you want to use that right. It may be helpful to specifically note that you this is your right under the Constitution.

Source:

• Constitution Section 2, Article 27
• Article 13, Belarus Law on Child' Rights https://archive.crin.org/en/library/legal-database/belarus-law-childs-rights.html
• Article 62, Constitution of Belarus http://law.by/databank-business/constitution-of-the-republic-of-belarus/

b. Does it matter where I am when the police read me my rights? (street, station, police car, etc.)

ANSWER: The location does not matter. There are no specific warnings that an officer must give you prior to or during an arrest, you do have the right to remain silent throughout the process. 

If you are detained, the police must inform you of your rights. However, this might not happen in all circumstances. Even if the police do not inform you of your rights, you can explain that you want to speak with a lawyer and wish to remain silent.

Constitution Section 2, Article 27.

Criminal Code § 20.

Criminal Code §§ 40 (paragraph 2) 41 (paragraph 2).4, 108 (paragraph 4), 110 (paragraph 2), 127 (paragraph 1), 217 (paragraph 2), and 432 (paragraph 3).

Belarusian Helsinki Committee:

http://belhelcom.org/en/news/peaceful-mass-event-legal-advice; http://belhelcom.org/en/news/interaction-militia-human-rights-defenders-advice

*Couldn't find link to criminal code. 

• You are not required to make a statement, answer police questions or participate in a police investigation, and you never have to go anywhere with the police unless they have arrested you.
• If police have arrested you and if you are under the age of 18, police are required to immediately notify your parent, caretaker or legal guardian.

a. Am I required to make a statement?

ANSWER: If giving a statement would be incriminating, you are not required to make one. You cannot be forced to act as witness against yourself, your family or next of kin.

Article 27, Constitution:

"No person shall be compelled to be a witness against oneself, members of one's family or

next of kin. Evidence obtained in violation of the law shall have no legal force."

https://president.gov.by/ru/gosudarstvo/constitution

As a general matter, you are not required to make a statement, answer police questions or participate in a police investigation, and you never have to go anywhere with the police unless they have arrested you. It can be a good idea to remain silent and request to speak with an attorney. If you do wish to make a statement, it is better to write it in the protocol when you are asked to sign it.

§§ 10 (paragraph 4), 17 (paragraph 1), 41 (paragraph 2, subparagraph 1), 44 (paragraph 7, subparagraph 2), 215 (paragraph 2), 219 (paragraph 1), 221 (paragraph 1), and 434 (paragraph 1).

Belarusian Helsinki Committee

http://belhelcom.org/en/news/interaction-militia-human-rights-defenders-advice; http://belhelcom.org/en/news/peaceful-mass-event-legal-advice

b. Must police notify my guardian?

ANSWER: Yes. If you have been arrested, and you are under the age of 18, police are required to tell your parent, caretaker or legal guardian immediately.

If you are 14 years old, a teacher or psychologist must also be present before the police can question you.

If you are 14 to 16 years old, the investigator can choose to allow a teacher or psychologist to be present.

Article 13. Protection of Rights and Interests by a Child 

§§ 10 (paragraph 4), 17 (paragraph 1), 41 (paragraph 2, subparagraph 1), 44 (paragraph 7, subparagraph 2), 215 (paragraph 2), 219 (paragraph 1), 221 (paragraph 1), and 434 (paragraph 1). 

c. Must I confess?

ANSWER: You are not required to confess if this would mean incriminating yourself. You cannot be forced to act as witness against yourself, your family or next of kin.

Article 27, Constitution:

"No person shall be compelled to be a witness against oneself, members of one's family or next of kin. Evidence obtained in violation of the law shall have no legal force."

https://president.gov.by/ru/gosudarstvo/constitution

d. What adults can I ask to be with me?

ANSWER: If you are 14 years old, a teacher or psychologist must be present before the police can question you.

If you are 14 to 16 years old, the investigator can choose to allow a teacher or psychologist to be present.

Article 13. Protection of Rights and Interests by a Child

§§ 10 (paragraph 4), 17 (paragraph 1), 41 (paragraph 2, subparagraph 1), 44 (paragraph 7, subparagraph 2), 215 (paragraph 2), 219 (paragraph 1), 221 (paragraph 1), and 434 (paragraph 1).

If you are questioned, you are entitled to a free lawyer. You can speak with them before being questioned. However, the right to have a lawyer is not always guaranteed as authorities can remove your defense lawyer if they think there are sufficient reasons to do so. If the police do not allow you to speak with your attorney, you should inform the police that you wish to exercise your right to remain silent.

Belarusian Helsinki Committee

http://belhelcom.org/en/news/interaction-militia-human-rights-defenders-advice; http://belhelcom.org/en/news/peaceful-mass-event-legal-advice

e. Who do police have to contact if I am a legal minor?

ANSWER: If you have been arrested, and you are under the age of 18, police are required to tell your parent, caretaker or legal guardian immediately.

If you are 14 years old, a teacher or psychologist must be present before the police can question you.

If the police arrest and question you, the government must provide you with a free lawyer who you briefly consult before questioning begins.

§§ 10 (paragraph 4), 17 (paragraph 1), 41 (paragraph 2, subparagraph 1), 44 (paragraph 7, subparagraph 2), 215 (paragraph 2), 219 (paragraph 1), 221 (paragraph 1), and 434 (paragraph 1).

Article 25, Constitution: "The State shall ensure the freedom, inviolability and dignity of the person. Restriction or deprivation of personal liberty is possible in the cases and in the manner prescribed by law. A person remanded in custody has the right to a judicial review of the lawfulness of his detention or arrest"

Belarusian Helsinki Committee

http://belhelcom.org/en/news/interaction-militia-human-rights-defenders-advice; http://belhelcom.org/en/news/peaceful-mass-event-legal-advice

Article 13. Protection of Rights and Interests by a Child

• You should always contact a lawyer before making any statements to anyone in a criminal case or investigation.
• This applies even if you are told that (i) police officers only want to question you and/or (ii) you are only a witness.
• While you do have to wait until you attend court to get a lawyer appointed if you cannot afford your own lawyer, you should still ask for a lawyer as soon as you are questioned or arrested by the police. If you are arrested, you have the right to remain silent and to not speak until your lawyer is present.

a. What if I am just a witness?

ANSWER: If you have witnessed people in normal clothing (e.g. not police uniform) detaining someone, remember to put your own safety first. You do not need to intervene if you do not wish to.

You cannot be compelled to be a witness against yourself, members of your family or next of kin.

But if you are summoned to provide witness evidence, with the exceptions above, you should attend and provide evidence. 

Source: Article 27 of the Constitution and Article 4 Criminal Code.

b. What if I can't afford a lawyer?

ANSWER: Art 38 Law About the Bar and Advocacy

There is a procedure for providing citizens with legal assistance at the expense of the territorial bar association, provided for in Article 28 of the Law. This happens in the following cases: for minors - in their interests; parents (adoptive parents, guardians, trustees) of minors - in the interests of their minor children.

• No. The police may lie to you during the course of an investigation, including lying about the strength of the case they have against you and particular evidence they have in their possession.
• Sometimes police will lie to try and get you to talk more.

a. Can the police lie to me?

ANSWER: Yes, they can.

The police are not required to always tell the truth. They may lie to you during the course of an investigation, including lying about the strength of the case they have against you and particular evidence they have in their possession.

You should not take the police statements at face value. It is important to read any written document that you are asked to sign because it might be a written confession.

Remember you can / should remain silent to avoid unintentionally incriminating yourself if you believe the police officer is not being honest.

Source: Criminal Code § 12.

Code of ethics for internal affairs officers (approved by order No 67 of the Ministry of Internal Affairs on 4 March 2013).

b. Do I have to tell the police the truth?

ANSWER: The police cannot force you to make a statement against yourself, your family, or a close relative. This means that you can tell the police that you wish to remain silent during questioning if what you say might be used against you. Even if you think that nothing you say can be used again you, it is better to remain silent and to request to speak with an attorney.

Source: 

You are not required to make a statement, answer police questions or participate in a police investigation, including correcting the police if they say the wrong thing.

Belarusian Helsinki Committee

http://belhelcom.org/en/news/interaction-militia-human-rights-defenders-advice; http://belhelcom.org/en/news/peaceful-mass-event-legal-advice

Article 27 of the constitution of the Republic of Belarus

https://president.gov.by/ru/gosudarstvo/constitution

Criminal Code § 12. 

*couldn't find link for criminal code. 

REMEDIES: You can make a complaint to the chief of police or legal official. If the police officers committed a crime (for example, you were beaten or discriminated against) you may make a complaint to the Investigative Committee of the Republic of Belarus, which may be submitted either in writing or by e-mail. If, you were injured, you can ask for a referral to the forensic expert.

Source: Claims | Official website of the Investigative Committee of the Republic of Belarus (sk.gov.by)

You may also choose to inform human rights defenders, such as the Belarusian Helsinki Committee or Viasna (note that Human Rights Watch is not present in the country), who may help you prepare complaints and legal documents.

Source: Joint Statement on Belarus: End Reprisals Against Human Rights Defenders | Human Rights Watch (hrw.org)

REMEDIES: If you believe that a police officer has unlawfully or unreasonably used physical force against you, including for any reasons relating to discrimination, you have the right to appeal their actions to the Prosecutor's Office, the Internal Security Directorate of the Ministry of Internal Affairs, or the Investigative Committee.

You should be aware that under Article 35 of the Criminal Code, it is legal for a police officer to "cause harm during the arrest of a person that has committed a crime" in order to prevent new crimes being committed, stop you from fleeing police or escaping from court, or where it is not possible to detain you any other way.

You can file complaints about a violation of equal rights of citizens (e.g. for discrimination or racism) by submitting a complaint in writing to the authorities conducting the criminal proceedings.

Under Article 22 of the Constitution, "[a]ll shall be equal before the law and have the right to equal protection of their rights and legitimate interests without any discrimination." Note that these types of complaints can be slow and often difficult to progress. You may want to contact a human rights lawyer to help you with your complaint.

Source: Code of the Republic of Belarus No. 92-Z (Code of the Republic of Belarus of January 6, 2021 No. 92-Z "Procedural and Executive Code of the Republic of Belarus on Administrative Offenses.") (etalonline.by) and Constitution of the Republic of Belarus | Official Internet portal of the President of the Republic of Belarus

REMEDIES: Carefully take notes concerning the events that led up to your police encounter and all relevant details concerning your interaction with police. Include all of these details in the protocols that you are required to sign. Information that may be of value to you includes the date, time, location, police officer details (e.g. name and badge number), witnesses, and details about the actions of all participants. You may need these notes at a later time if you file a complaint against the police for mistreatment.

If you've been hurt during the arrest or whilst in custody, you can ask for assistance from the forensic expert.

Generally speaking, Article 12, paragraph 2 of the Criminal Procedural Code provides that the commission of a crime or illegal actions by officials of the body conducting criminal proceedings may result in material compensation or other consequences for the "moral damage" caused by law enforcement. This means that you may be awarded compensation or other remedies if it is determined that the police were at fault. Article 41, paragraph 1 of the Criminal Procedural Code also provides that suspects are entitled to protection by all legal means and methods.

Source: Code of the Republic of Belarus No. 92-Z (Code of the Republic of Belarus of January 6, 2021 No. 92-Z "Procedural and Executive Code of the Republic of Belarus on Administrative Offenses.") (etalonline.by)

REMEDIES: Under Article 25 of the Law on The Internal Affairs Bodies, police officers are entitled to search you for any reason in airports, train stations, metro stations and specific places set out in law (for example, sports facilities/dangerous sites/protected objects). In any other public place, the police cannot search you without having serious grounds. If you are personally searched while in detention, the search should be carried by a person of the same gender as you, along with two witnesses of the same gender as you. They can only carry out a personal search without witnesses in exceptional circumstances, for example, where they believe you are carrying a weapon. If the police also want to search your belongings, there is no requirement that they have to do this in front of witnesses. You may want to request that the police officer carries out a search of your belongings in front of witnesses, but they do not have to agree to do this. If any search is not carried our properly, then you can complain to the authorities conducting the proceedings.

You should have been informed why you have been detained, and the police officer is required to inform your relatives or employer of your detention within 3 hours of it happening. If these conditions have not been met, you can file a complaint about your detention with the court. Hand your written complaint to the police station or pre-trial detention center, who must send it within 24 hours to the authorities conducting the criminal proceedings. The authorities have a further 24 hours to send it to the court, who will then decide if your detention is lawful and justified. The possible outcomes include: 1) you are released from detention; or 2) your complaint is dismissed, and you will remain in detention. If you want to appeal against the court's decision, you have to do this within 24 hours of the decision being issued.

Source: Articles 4.1, 7.2, 8.1, 8.2, 8.6 of the Procedural and executive Code of the Republic of Belarus https://etalonline.by/document/?regnum=hk2100092

A peaceful mass event. Legal advice | Беларускі and Interaction with militia. Human rights defenders' advice | Беларускі Хельсінкскі Камітэт (belhelcom.org) Хельсінкскі Камітэт (belhelcom.org)