What to do if you are arrested
By Evgenia Mussuri, Kyiv Post Staff Writer
In Ukraine, where many of the street cops are seemingly unaware of the demise of Soviet authoritarian control, it is not a good idea to walk outside without your identification.
To avoid the pesky problem of being detained for hours at your neighborhood clink, you should always carry your passport with your visa stamp and your registration.
If you stay in a hotel, you will be automatically registered, but occasionally hotel administration do not give guests a registration document. In this case, you should demand it.
Ukrainian police usually avoid hassling citizens of more powerful countries such as the United Kingdom, France, Canada or the United States. While citizens of Far Eastern and Africa nations tend to get more scrutiny.
Remember, if you are suspected of a minor infraction and you have your identification with you, the police have no right to detain you. You should simply pay the fine. However, if you do not have your passport or other idenification, you may be detained, but the detention cannot last more than 3 hours after a positive identification has been made.
If you are detained, you are entitled to unlimited phone calls and the police officer is obligated to inform a relative and your employer and tell them where you are being held. If they don't, demand that they do this immediately.
You have the right to a lawyer and an interpreter from the first moment of your detention. If you intend to stay in Ukraine for long, it is a good idea to find a local lawyer whom you can contact in case of emergency. Although the state must provide you with a lawyer if you don't have your own, as a rule these public defenders tend to be young and inexperienced. According to law, you are entitled to consult with your lawyer before interrogation.
Also it is wise to call to your interpreter even if you speak Russian or Ukrainian well. The last thing you need at a time like this is to misunderstand something or to be misunderstood. You should not sign anything until your lawyer and interpreter are there to assist you.
Upon arrest the police should inform you of your rights, including your right not to incriminate yourself or testify against your relatives.
Also you have the right to demand that the prosecutor examine the lawfulness of your detention within 48 hours of arrest.
After you are arrested, you may appeal to the city district court to appeal your arrest, and the court will determine whether your arrest was legal or not.
All rights guaranteed under the European Human Rights Convention apply in Ukraine so you may demand these when dealing with law enforcement agencies.
One of the first phone calls when detained, should be to your home country embassy or consulate. The 24-hour emergency phone number of the U.S. Embassy is 216-38-05. Other embassies and consulates are listed in the Kyiv Business Directory. Carry these numbers with you.
