Police threaten the drivers taking video of their actions

The chief of the public relations department of the Main Traffic Police Department of Baku, Vagif Asadov, surprised and warned drivers who installed DVRs behind the car windshield, or who shoot a conversation with a road police inspector on a video camera, in order to apply the record later in court. There are a lot of DVRs in Azerbaijan, each driver has a phone with a video camera and, therefore, obviously, the presentation of evidence-based videos has become a major problem for the traffic police. As a result, they decided that if a police officer does not want to become a video recording hero, the driver should close the camera.

At the same time, Asadov is forced to admit that the ban on videotaping is not regulated by law, that is, "if not prohibited, it is allowed". But the traffic police found an effective answer to this formula: if the driver does not obey the order to stop shooting, then disobeying the representatives of the authorities becomes the basis for administrative responsibility.

Asadov believes that the refusal of the driver in response to the police's demand to stop taking pictures can be qualified according to Article 535 of the Code of Administrative Offenses of the Republic of Azerbaijan (willful disobedience to the lawful demand of a police officer or a serviceman). For violation of this Article, administrative punishment is imposed in respect of individuals in the form of a 200 manats fine, or an administrative arrest for one month may be applied. Asadov made an important addition, saying that the illegal demands of police officers are also an administrative offense. In such cases, based on the complaints of a citizen, proceedings are conducted. If it turns out that the policeman is to blame, he will be punished.

Fazil Mammadov, head of the public organization "Assistance in the education of drivers (Siper") commented on this complex and new situation.

Vagif Asadov, a police colonel and head of the public relations department, instead of becoming a "bridge" between citizens and traffic police, plays in "his" game, where the honor of the uniform is higher than the safety on our roads," F. Mammadov said.

"The approval of Vagif Asadov is such a nuisance that if it was an informal person, I would say that he has no idea about the laws and the work of traffic police. Therefore, suppose that he has been given the order to mislead people, here he comes up with non-existent laws, substituting words in the title of the Articles, interpreting the concepts in order to conceal illegal actions, and in some cases even crimes of people in uniform performing their official duties ".

F. Mammadov drew attention to the Constitution, in which the Article 32 states the right of citizens to personal inviolability. Item 3. It is not allowed to collect, store, use and disseminate information about someone's personal life without his consent ... no one can be subjected to tracking, video and photography, voice recording and other similar actions without his knowledge and despite objections.

But civil servants, employees of the Ministry of Internal Affairs, prosecutors, any persons in the performance of official duties are legal or official persons, and do not fall under this Article of the Constitution. After all, the Basic Law clearly states the prohibition to register the personal life of citizens, and not actions of officials.

So, even if traffic policemen come up with their "own" law banning filming, it will not work, because it contradicts the Constitution," the expert believes. Concerning the phrase of Asadov about insubordination to representatives of the authorities and penalties for insubordination in the form of a fine or a month's imprisonment, the law says:

The Article 535 of the Code of Administrative Offenses - "Malicious disobedience to the lawful demand of a police officer or serviceman in the performance of his duties for the protection of public order shall result in fine on individuals in the amount of two hundred manats, and in case, in the circumstances of the case, taking into account the personality of the offender, the application of these measures will be recognized as insufficient, an administrative arrest for up to one month."

So, Asadov left the explanation of the word "lawful", did not remember this important indication in the Constitution, and in fact if the demand of the policeman is illegal, then you can safely not obey. The shooting of the policeman's actions is a legitimate manifestation of the protection of the rights of citizens, therefore, the order to stop shooting is contrary to the law and may not be met.

To prove the correctness of their actions, take a video of what happens so that in the future you can prove the criminal actions of the policeman. Do not always believe even official figures in the press. Your legal literacy and video facts remain the only lifeline, and in some cases "smashing the sword" of justice ", summed up F. Mammadov.