What can border guards or police do upon your detention?
Upon your detention, the border guards or police may carry out the following activities:
- establish your identity
- take your fingerprints
- photograph you (for procedural documents)
- call medical aid if necessary. On the demand of a law enforcement agency the physician (doctor) shall be required to describe the person’s state of health.
- prepare a detention protocol
- inspect your belongings in your presence. You have the right to be present at the examination of the item. If you are not present at the examination of the item, you may appoint an adult who shall have the right to be present at the examination of the item. A law enforcement agency (i.e. police) may examine an item without your presence if it is necessary for countering an immediate threat or you/appointed person intentionally obstruct the lawful application of examination.
- ask questions, or if necessary, carry out an expert assessment of your documents, belongings and/or you, to clarify your identity and the country of your citizenship
- seize your documents and/or belongings for expert assessment; a protocol must be prepared about such an activity and all your belongings must be returned when sending you out of the country
- examine you, including your body, body cavities, clothes, or an item inside the clothes or worn on the body when it is necessary and based on the law. You shall be examined by an official of a law enforcement agency of the same sex as you; in the case of a lack of an official of the same sex, by a health care professional. If it is necessary for countering an immediate serious threat, you may be examined by an official of the law enforcement agency not of the same sex as the person. You shall be taken to a physician for an examination which requires a medical procedure. An examination requiring a medical procedure may only be performed by a health care professional.
Treatment
The border guards or police must treat you with respect when carrying out these activities. For example, they must not physically or verbally harm you to make you provide information, and they must call a doctor if you are injured etc. It may be that the police or border guards may need to use physical force to restrain you if you are resisting arrest. But, they must not use more force than necessary to make you comply and it must cease when you have surrendered and calmed down.
What human rights violation may there be?
Inhumane or degrading treatment
Mistreatment during detention may result in a human rights violation such as inhumane or degrading treatment. When detained, you may feel particularly vulnerable because you are under the control of the authorities and cannot leave. If you are physically mistreated in such a situation, it may result in not only physical pain and suffering, but may also have tremendous psychological effects.
However, not every situation will result in a human rights violation. The effect such treatment leaves on your physical and mental condition has to reach a certain level of severity to violate your rights. When assessing whether you have been treated in an inhumane or degrading way, such things as the duration of the mistreatment, the physical and psychological effects, your age, gender and condition of your health would be considered. For mistreatment to be considered torture, the actions have to be particularly serious and cruel and cause very severe suffering. Read more about how to evaluate whether your rights have been violated.
Right to life
If the border guards or police use excessive or unnecessary force, which results in the loss of life of the detainee, it results in a violation of the right to life. Read more about how to evaluate whether your rights have been violated.