The actions of Moscow law enforcement against Fatima Aliyeva have been deemed unlawful.

Police in Moscow had no legal grounds to demand the original passport from Fatima Aliyeva, a native of Dagestan. Their actions may be classified as abuse of power and indicate a biased attitude towards Muslim women, analysts interviewed by "Caucasian Knot" stated.

As reported by "Caucasian Knot", on October 30, it became known that the family of 25-year-old Fatima Aliyeva, a physician-therapist from Dagestan, is seeking an investigation into the actions of Moscow police and holding them accountable.

The specifics of checks by law enforcement, the legal regulation of wearing religious clothing in educational institutions, and the reasons for the negative perception of hijabs in society were commented on by Alexander Verkhovsky, head of the Sova Center, legal scholar Amir Kolov, chair of the "Civic Assistance" committee* Svetlana Gannushkina*, and lawyer Evgeny Smirnov.

At the federal level in Russia, there are no legislative restrictions on wearing the hijab, unlike in Azerbaijan and France, where there are bans on wearing hijabs in schools, but no restrictions on wearing them in other public places.

"Regulating the form of clothing in schools is the competence of the schools themselves, as well as regional and local authorities. Currently, these issues are usually resolved at the regional level, so practices vary across different subjects. This only concerns the hijab; the niqab is not allowed in any educational institutions in any region, as it is either associated with more radical trends in Islam or simply contradicts general clothing norms," said Alexander Verkhovsky.

Commenting on the actions of law enforcement against Fatima Aliyeva and the frequency of similar incidents, the analyst noted that law enforcement rarely pays increased attention to Muslim women solely because of wearing a traditional headscarf.

"Claims from law enforcement specifically due to wearing a hijab are clearly rare; we hardly hear about such cases. Of course, many incidents remain unpublicized, but compared to other types of violations, it is clear that the police and other agencies rarely nitpick about the hijab. However, in places where checks are generally conducted frequently—such as at borders or in inspection zones—a girl in a hijab does indeed have an increased chance of coming under close scrutiny from officers," explained the human rights defender.

Speaking about the reasons for the cautious attitude of part of society towards Muslim clothing, Verkhovsky pointed to stereotypes and social factors.

"There is a widespread misconception in society that the hijab is supposedly worn only by supporters of certain radical trends in Islam, which causes unfounded concern among people. Additionally, there is a rejection of a large number of migrants, most of whom are Muslims. It is not always easy to visually determine the origin of passersby, but it is hard not to notice a woman in a hijab, although a specific Muslim woman may be a local resident for three generations," the expert concluded.

The police colonel considered the incident with the Dagestani native in Moscow a provocation

Counter-terrorism operation participant Amir Kolov views the incident at the capital's police station as a "planned action." He pointed to the unspoken directives circulated among law enforcement personnel.

"The case of the physician's detention by police can be seen as a provocation against all Muslims in Russia, carried out at the behest of certain individuals suffering from xenophobia. This clearly demonstrates the psychological climate in Moscow police stations, which are fostered in a spirit of hostility towards adherents of Islam. I have no doubt that there is ongoing work in these stations to orient personnel towards so-called preventive work exclusively concerning people dressed according to Islamic traditions. It is also not news that over the past 30 years, under the tacit cover of the Ministry of Internal Affairs, there has been a campaign to discredit and illegally persecute not only ordinary Muslims but also state officials who adhere to Islamic norms," Kolov told "Caucasian Knot."

He noted the activity of radical groups, the position of school administrations regarding Muslim women's clothing, and the overall dynamics of sentiments in society.

"Although there are no official restrictions on wearing the hijab in Russia, as in Azerbaijan or France, there are many cases of blatant criminal provocations by representatives of nationalist structures like 'Northern Man' or 'Russian Community,' who often act under police cover. In schools, the issue is regulated at the discretion of their administrations: where uniforms are introduced, there are no problems with wearing headscarves, while where norms are not specified, Muslim women are treated unfavorably, causing children to feel psychologically uncomfortable," he stated.

The lawyer called the actions of law enforcement an abuse of power

The absence of the original passport is not an offense, and the actions of police officers against Aliyeva are subject to appeal through supervisory authorities and the court, emphasized Evgeny Smirnov.

"The laws of the Russian Federation do not contain a direct obligation for citizens to carry original identity documents with them at all times. To challenge the legality of the actions of law enforcement officers who initiated document checks without legal grounds, it is necessary to file official complaints with the prosecutor's office and the Investigative Committee of the Russian Federation, as well as a lawsuit in court in accordance with administrative proceedings. It is important to indicate in the complaint the absence of legal grounds for inspection and identification, as well as to document the fact that officers refused to identify themselves and state the reason for contacting the citizen," said the lawyer to "Caucasian Knot."

According to current legislation and the decree of the President of the Russian Federation on digital passports, presenting a document in the mobile application "Gosuslugi" with a generated QR code is legally equivalent to presenting a paper original in established life situations.

"Any verified user of the portal can use this function without undergoing special additional procedures if the profile contains biometric data or a verified account. However, for police officers conducting verification activities, a digital profile is a sufficient means for the primary identification of a citizen, and demanding only a paper document when a verified profile exists in Gosuslugi is unreasonable," explained Smirnov.

The lawyer also pointed out the inadmissibility of exceeding authority, confirming that the basic norms of Article 13 of the Federal Law "On Police" have not changed.

"The structure and key grounds for document checks, as recorded in Article 13 of the Federal Law 'On Police,' have not undergone fundamental changes: law enforcement still has the right to demand a passport only when there is suspicion of committing a crime, grounds for initiating an administrative offense case, the person being wanted, or during the securing of objects. Any arbitrary demand for documents without specifying a specific legal basis is considered a violation of the law. Moreover, attempting to record the actions of officers on a phone camera in a public place is absolutely legal, and the use of physical force, handcuffs, tearing off clothing, and refusal of the right to make one phone call upon detention contain clear signs of exceeding official authority (Article 286 of the Criminal Code of the Russian Federation)," Smirnov concluded.

The chair of the "Civic Assistance" committee* Svetlana Gannushkina* also pointed out the excessiveness of law enforcement actions.

"The situation where a casual dialogue and a request to check a violator of public order turns into a harsh detention, seizure of a phone, and application of handcuffs raises deep concern. Particular attention should be paid to reports of tearing off religious clothing and insults: such actions by officers not only go beyond the law on police but also directly provoke interfaith tension," she told "Caucasian Knot."

The human rights defender believes that it is necessary to demand an open investigation and holding those responsible accountable to prevent such arbitrariness.

"The relatives of the girl are absolutely justified in seeking an official investigation through the prosecutor's office and the Investigative Committee. If the leadership of the Ministry of Internal Affairs and supervisory authorities conceal the details of the incident or limit themselves to formal responses, this will be another signal of their impunity. The authorities must give a strict legal assessment of what happened and conduct a transparent investigation to show that law enforcement must act strictly within the law and treat all citizens equally, regardless of their origin," she concluded.

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