20 July 2019: Alexander Kim's encounter with Moscow police.
This wasn’t Kim’s first encounter with racial profiling. He said that in 2017, Moscow police stopped him for an ID check, openly citing his Asian appearance as grounds. To Kim, it felt like obvious discrimination, so he refused to show his ID. Police detained him for disobedience, breaking his finger in the process. He was fined that time too, and the court also refused to take into account any of his arguments. His case about that incident is pending before the European Court of Human Rights.
In April, once again, he spent about five hours at a police station after refusing to show his ID to police who stopped him due to his looks. He was released without charge.
None of his complaints about police conduct in those episodes yielded any results.
Kim experienced two more episodes of racial profiling this year, but the police didn’t detain him on those occasions after he quoted the law and demanded to be informed of the legal grounds for checking his documents.
Valentina Chupik, an expert on migrants’ rights and Kim’s public defender, told me that special police operations target non-Slav migrants regularly. But there’s no transparency about what instructions police receive, so it’s hard to know whether they would fall afoul of anti-discrimination standards in international and domestic law.
Sadly, Chupik said, those caught up in racial profiling - non-Slavs, including Russian nationals - are commonly subjected to ill-treatment and are often extorted for bribes for their release. She described an episode last New Year’s Eve when several hundred non-Slavic-looking men, most from Central Asia, were detained by police in central Moscow. About 100 of them were left locked inside unheated buses in front of a police station all night. She and several other lawyers spent most of the night trying to provide legal assistance to those rounded up.
Yet, unlike Kim, none formally complained because doing so could put them at risk of deportation and being banned from re-entering the country for several years. Many are likely migrant workers whose families depend on remittances from Russia.
Non-Slav migrants are some of the most vulnerable and voiceless people in Russia today, and their ordeals commonly fall under the radar.
But something else that happened on the day of Kim’s detention offers some hope that public scrutiny of such episodes may make a difference.
It was a similar racial profiling incident, but with a very different outcome. Police in central Moscow approached several Central Asian men, demanded their passports and then wanted to take them to a police station. Several passers-by filmed the episode, including human rights activist Irina Yatsenko, who streamed it and used her privilege to defend the men’s rights. When Yatsenko insisted that police explain the legal grounds for their actions, police referred to the same “Special Operation—‘Illegal.’”
After a gathering crowd intervened, the officer returned the men’s passports and reluctantly agreed to check the men against a database on the spot rather than at the police station. And finally, albeit without explanation or apology, the police left the men alone.
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