Situations where law enforcement officers stop citizens, demand identification, or search personal belongings often cause stress and confusion. In the latest episode of the legal podcast "AdvoKast" by Gazeta.uz, lawyer Jahongir Mutalibov shed light on these issues. According to him, law enforcement agencies include the Ministry of Internal Affairs (MIA), Prosecutor General's Office, State Security Service (SSS), Customs Committee, National Guard, Tax Committee, and Ministry of Justice. Each agency's powers are limited by law and aimed at protecting citizens' rights.
Citizens most frequently interact with MIA officers, particularly prevention inspectors (district officers) and traffic police. Mutalibov notes that in daily life, 10-20% of interactions involve law enforcement representatives. This occurs during street patrols, document checks, or identification of suspicious individuals. Officers have the right to stop and talk to citizens to ensure public safety.
The podcast also discussed the procedure for an officer approaching a citizen. According to the lawyer, each agency has internal rules and ethical norms. A citizen has the right to demand that the officer introduce themselves and show their ID. If an officer is talking on the phone and does not identify themselves, the citizen has the right to withhold personal information. However, Mutalibov advises citizens to be patient and polite, and to record the conversation via audio or video. This evidence can be used for filing a complaint.
Regarding searches of personal belongings or vehicles, Mutalibov emphasizes that according to the Constitution, the person and their property are inviolable. A search must be conducted only on legal grounds, with two witnesses present, and a protocol must be drawn up. However, in practice, these rules are often violated. A citizen should demand that the search be formalized and obtain a copy of the protocol. If an officer wants to take a citizen to the station, this is only possible if there is no identification document or if identity cannot be established. The citizen has the right to call a lawyer and inform relatives.
Regarding summons by phone, Mutalibov notes that a citizen is summoned to an agency only if they have a certain status (witness, suspect, accused). The summons must be in writing and indicate the citizen's status. When summoned as a suspect, the citizen has the right to remain silent and to bring a lawyer. There is no obligation to give explanations; the officer must come to the citizen. As for checking a phone, without legal grounds, no one has the right to inspect a citizen's phone.
Source: www.gazeta.uz