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Another techno-thriller or already cyberpunk: police are increasingly using facial recognition systems against protest participants. Last month you attended a rally, and this month – on a national holiday – you are detained at a metro station? We have written instructions that will help you be prepared for this and appeal such a detention.
Here you will find answers to questions:
- What is the Sphere facial recognition system?
- How are arrests carried out using Sphere?
- What to do and how to appeal the detention
- Checklist in case of arrest (we recommend saving)
The use of an automatic facial recognition system is a new trend in the system of political repression in Russia. If in 2020-2021, with the help of this, security forces found participants in protest actions in order to bring them to justice after the actions, then in 2022, facial recognition systems are more often used for preventive detention on public holidays or special socio-political events.
We talked about how the facial recognition system was used at protests in our report “How the government uses cameras and facial recognition against protesters . ”
The Moscow metro is equipped with the Sphere automatic facial recognition system, with which police officers not only detain criminals, but also track participants in protests and civil activists.
In December 2022, Deputy Mayor for Transport of Moscow Maxim Liksutov reported that with the help of Sphere, about 5 thousand people were detained from September 2020 to December 2022 – they were “delivered to the police so that the necessary set of measures were carried out with them ” He assures that the system serves to ensure safety in Moscow transport, reduces the crime rate and helps find missing children. But we know for sure about arrests for political reasons.
If in the metro a police officer demands to see documents and talks about “Sphere”, “search” or “orientation”, then do not panic: remember your rights. If the employees do not let you go, then your main task is to record all violations and then appeal them in court.
As a rule, no protocols are drawn up during such arrests. And there is good and bad news. The good news is that, most likely, you will be released soon and there will be no serious consequences. The bad thing is precisely because law enforcement agencies will not draw up any documents, it will be more difficult for you to prove the fact of a violation in court.
WHAT IS SPHERE AND HOW DOES IT WORK?
Sphere is a facial recognition system that has been used in the Moscow metro since 2020. State representatives claim that it is needed to search for criminals and missing persons . We at OVD-Info have noticed that preventive detentions are especially frequent on public holidays, such as Victory Day or Russia Day, as well as during significant socio-political events, such as election days.
Turnstiles at metro stations are equipped with cameras that alert police if they recognize a person on special lists. After this, you will be asked to present documents, go to the police room at the station, and then go to the nearest department.
We don’t know exactly how this system works and what signals it gives to police officers. If for some reason your data gets into the system, then preventive detention can threaten you at any time. It is also important to appeal such a detention in order to demand that your personal information be removed from the database.
WHY IS IT ILLEGAL TO USE FACIAL RECOGNITION?
Such preventive detentions serve the purpose of frightening citizens. This is the so-called chilling effect – coercion to renounce the exercise of one’s civil rights. Firstly, participation in a protest is not in itself an offence. Secondly, the Code of Administrative Offenses does not imply punishment for the intention to commit an offense. Even if the police have reason to believe that you are going to an uncoordinated protest, this cannot be a reason for arrest. Persecution for peaceful protest and expression of opinion is illegal and contrary to the current Constitution.
This system also affects a number of other constitutional rights. Firstly, it violates the right to privacy and personal life. The legislation does not contain clear rules for using the Sfera system, so it can be applied to any citizen, regardless of whether he is suspected of a crime or not. What kind of personal data of citizens is in the system, who has access to it and how it is used is a big question. Such systems collect and store personal data of people who have not given their consent. Secondly, detention without reason is a restriction of the right to liberty and security of person, as well as freedom of movement. Remember that without real grounds, police officers do not have the right to detain a citizen and hold him in the department.
HOW ARE DOCUMENTS VERIFIED?
When applying, the police officer must introduce himself, state his last name, first name, patronymic and position, and, at your request, must also present his official identification. It is important to remember the name and place of work of the employee who is detaining you. This will help prove that your rights have been violated, and will also be needed to summon this employee to a court hearing. If possible, write down his details or take a photo.
The police officer must explain the reason and purpose of his contact with you, and in the event of arrest, explain to you your rights and obligations.
This is in an ideal world. In practice, police officers often fail to do this. Ask them yourself what caused the appeal. You can also directly ask if they used the Sphere facial recognition system.
For information on how to communicate with police officers, see our instructions: “What should I do if a police officer approaches me?”
Part 4 Art. 5 Federal Law “On Police”
IN WHAT CASES CAN MY DOCUMENTS BE CHECKED?
A police officer does not have the right to randomly check the documents of random people. There must be a reason for this. They may check your documents if:
- you have committed an offense (you must explain what, where and when);
- you are suspected of committing a crime (also required to explain);
- there is an identikit that looks like you (in this case they must show it to you on the spot);
- you are wanted.
This also includes a number of specific reasons, such as avoiding psychiatric treatment and so on.
clause 2, part 1, art. 13 Federal Law “On Police”
WHY IS DETENTION ILLEGAL?
The law does not allow you to be detained if police officers suspect that you are going to a rally, are going to picket or otherwise peacefully express your opinion, since the Code of Administrative Offenses does not contain penalties for “intent” to commit any offense.
If you are detained, you can contact our bot or the OVD-Info hotline for advice and legal assistance: by phone number 8-800-707-05-28 or our telegram bot @ovdinfobot .
WHAT RIGHTS DO I HAVE IF I AM DETAINED?
You have the right:
- know the reason and basis for your detention;
- use legal assistance;
- use Article 51 of the Constitution, which allows you not to testify against yourself and your loved ones;
- study all documents drawn up in relation to you and make comments on them;
- call (in the presence of a police officer) a loved one and report your location no later than 3 hours from the moment of arrest;
You can be detained for no more than 3 hours, but if you are charged with an offense punishable by arrest – no more than 48 hours.
For more information on how to behave during detention, see our instructions: “Instructions for the Ideal Detainee”
HOW TO RECORD VIOLATIONS?
- Record all police information
Remember the name, position and badge number of the police officers who detained you. Without this information, it will be impossible to apply for questioning of police officers in court.
- Find out the reason for contacting you
Demand to explain the reason for the detention and to show the orientation for which you were detained, or photographs on the police officer’s tablet. Perhaps the police officers really made a mistake and you will be able to convince them. Find out what the police plan to do with you next.
- Please provide all documents
To effectively appeal a detention, you need evidence. In addition to audio-video and your testimony, you can also obtain official papers. Demand that you be provided with any documents confirming your detention (copies of detention and delivery protocols, warnings, your explanations recorded by police officers or by you personally at their request and certified by their signature). These documents are the most important evidence of violation of your rights. Say that you need them to explain your lateness to your employer – do not irritate the police officers with the prospect of a complaint to the court.
Demand to provide you with copies of all documents drawn up with your participation, or at least photograph them.
- Try to capture everything in a photo, video, or at least a voice recorder.
Record what is happening using photos, videos and audio recordings. It is not necessary to do this demonstratively, as this may provoke a conflict. Assess the situation and find a balance between the need to collect evidence and the risks of additional violation of your rights. It’s great if you can photograph the screens of devices that show information about you downloaded from Sphere, and record on audio the words of the police that the facial recognition system in the subway has worked. However, do not forget about your safety and the safety of your equipment, which may be confiscated if they think that you are committing an offense with its help.
Is it possible to remove employees? Yes, it is possible if they are performing their duties. But be careful, officers often threaten and sometimes open a case under Article 19.3 of the Code of Administrative Offenses (disobedience to a lawful demand of a police officer).
- If a protocol is drawn up against you, record that you do not agree with it
In the documents you sign, indicate your position and comments. In particular, it is important to indicate disagreement with the arrest in the arrest report. If a report on an administrative violation is nevertheless drawn up against you, indicate your disagreement with this. In addition, the protocol can mention any violations: denial of access to a lawyer, denial of access to water or a toilet, rudeness or violence on the part of police officers, as well as record a mention of a facial recognition system during arrest or inaccuracy of the specified information about the time of arrest. If police officers take written statements from you, use this as a way to document violations of your rights and your position. Don’t forget to cross out all the blank spaces in the document.
- Look for witnesses
Take contacts of passers-by who witnessed the violation of your rights.
- Appeal the detention
Appeal the detention to the prosecutor’s office and the police. Sometimes complaints to the police and the prosecutor’s office also help to record violations and obtain more information: law enforcement officers may recognize the fact of your detention and the use of the Sphere, which will make it easier to prove in court. You can submit such a complaint immediately after arrest through the duty station, as well as through the prosecutor’s office website and by mail.
HOW CAN I APPEAL A VIOLATION OF MY RIGHTS?
You can appeal the actions of police officers to their higher management (for example, the head of the Department of the Ministry of Internal Affairs), to the prosecutor’s office or to the court. You can choose all methods or just one of them.
- Complaint to the head of the Department of the Ministry of Internal Affairs
You can file a complaint with the police at the same department where you were taken. You should not hope that the head of the department will satisfy the complaint against his subordinates, but it will help document violations of your rights. If you file a complaint through the police duty station, be sure to take a photograph of it before filing and take from the duty officer a notification coupon with the registration number of the application in the Book of Registration of Statements and Reports of Crimes, Administrative Offenses, and Incidents (KUSP).
- Complaint to the prosecutor’s office
The complaint to the prosecutor’s office should either be sent by a valuable letter with a list of attachments, or submitted directly to the prosecutor’s office with a note of its acceptance on the second copy of the complaint, which will remain with you.
A complaint to the prosecutor’s office and the police can also be submitted through the website.
- Going to court
The most effective way to protect yourself is to go to court. An administrative claim to appeal against the actions of police officers can be filed within 3 months from the date of arrest. An administrative claim must be substantiated, so it is extremely important to record violations of your rights and provide evidence to the court. If you filed complaints with the police or prosecutor’s office, you should attach copies of them, as well as responses to the complaints, to the administrative claim.
We can help with the appeal – write to us at data@ovdinfo.org and provide details of the arrest: at what time, at which metro station, what happened – and attach the evidence that you managed to collect. We will send detailed instructions on what to do next.
CHECKLIST WHEN DETAINED BY CAMERAS IN THE SUBWAY
What should you do if a police officer approaches you at the metro and talks about Sphere, orientation, cameras or a facial recognition system? Let’s explain briefly!
- Turn on video or audio recording on your phone without drawing attention to it and without provoking a conflict. Failure to comply with a legal requirement or order may be punishable by a fine or arrest
- Ask the police officer to introduce himself and show the documents so that you can read them. Remember the name, position and badge number of the police officer
- Specify the reason why the police officer is interested in your documents
- Ask to see the landmarks or photographs used to detain you, and try to take photographs of these images
- If the photo shows a person who looks like you, then check with the police about your status and what actions they want to take against you
- If there is a person in the photo who does not look like you, then explain this to the police and insist that the arrest is unfounded
- Demand to provide documents confirming your arrest
- Get copies or at least take photographs of the documents that you were shown and that you sign
- In the documents you sign, write about your disagreement with the detention
- Let us know about your arrest and we will help you appeal it
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