The colonel sued the Ministry of Internal Affairs for compensation for photos in the operational base

The right to take photographs is given to the police only if it was not possible to identify the detainee

A resident of Balashikha near Moscow decided to challenge the illegal detention and photography at the police station in court. The retired Colonel of Justice managed to prove that he had no right to be removed without written consent.

As MK found out, on April 14, 2022, employees of the Balashikha traffic police stopped Andrei Yuryevich when crossing the road in the wrong place. The guards demanded to show the passport. And after the citizen said that he did not carry a document with him, he was offered to get into a patrol car and drive to the police department for identification.

According to the man, already in the car, he found his passport in the inner pocket of his jacket and showed it to the police. However, he was still taken to the department, where they drew up a protocol on an administrative offense. Also, an employee of the duty unit photographed Andrei Yuryevich in profile and face against the background of a ruler for fixing growth. Then he was released. In total, the colonel spent about 40 minutes in the department.

The man considered that the actions of the police – forced transfer to the department and photographing – were illegal, and filed a lawsuit. The plaintiff argued that there were no objective reasons for the detention of the law enforcement officers, since he showed his passport in the car. In addition, his rights were violated by taking photographs.

The colonel accused the Interior Ministry of briefly restricting his freedom of movement and personal integrity. He also considered that the inclusion and storage of photographs in the departmental database compromises him, since he is classified as a person suspected or accused of committing a crime. Since the illegal actions of the police officers caused Andrei Yuryevich moral suffering, and, consequently, moral harm, he demanded compensation from the treasury of the Russian Federation in the amount of 3,000 rubles.

However, at the trial, the police representatives claimed that the plaintiff handed over the passport to them not in the car, but in the office of the duty unit. This was also confirmed by video filming from the car interior attached to the case file. Therefore, the judge did not find grounds for declaring illegal the actions of law enforcement officers to deliver a citizen to the department.

But the court sided with the colonel in terms of illegal photography. This right is granted to employees of the Ministry of Internal Affairs only if it was not possible to establish the identity of the detainee. Otherwise, employees must obtain written consent to take and use the image. The police could not show such consent from the detainee. During the consideration of the case, it was established that the photographs of the man were placed in the information center for operational-search information of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation. The court decided to remove them and pay the plaintiff compensation for non-pecuniary damage of 1,500 rubles.

Published in the newspaper “Moskovsky Komsomolets” No. 28882 dated October 4, 2022

Newspaper headline:
The colonel sued the Ministry of Internal Affairs for a photo shoot at the police station