Wherever a person is, no matter what act he does, nothing in the modern world can deprive him of the spectrum of inalienable rights that every citizen has. But what are they in prison? What to do if they are violated - what is the protection of the rights of convicts? What instances, public organizations can help in this case? From all these aspects, we will highlight the problem in the article.
Letter of the law
Any convicted person in the Russian Federation is guaranteed the observance of his civil rights outside the walls of the FSIN structure. But with those exceptions and limitations that are provided for by domestic criminal, penal legislation and related regulations and documents.
Inalienable civil rights are guaranteed both to convicted compatriots and to foreigners. The basis here is international treaties of the Russian Federation, state legislation on the situation of foreign citizens in the country, as well as stateless entities. But the same legal restrictions and exceptions apply to them, which introduces PECs for Russians.
Departmental monitoring of compliance with the entire list of rights of prisoners is carried out on the basis of Order of the Ministry of Russian Justice No. 361 (the document was adopted in 2009).
The protection of the rights of convicts relies more heavily on the criminal-executive legislation of the Russian Federation. Consider its basis.
PEC-based basic rights
The protection of the rights of convicts is based on a complete picture of their spectrum. PEC defines the following rights:
- To receive full information about their rights and obligations.
- To receive information about the term and procedure for serving a sentence.
- On a polite appeal from the staff of the FSIN.
- Prohibition of cruel, degrading measures against a convicted person.
- For personal safety.
- The right to apply in their native language with complaints, appeals, proposals to the administration of the institution, to higher authorities, supervisory commissions, international organizations for the protection of human rights.
- To the protection of health. This is the receipt of both primary and specialized medical care.
- For psychological assistance from persons who are authorized to provide it.
- For social security - benefits and pensions.
- To receive legal assistance. This is a meeting with a lawyer lasting up to 4 hours. According to the statement of the convict, the event should be held indoors without third parties, listening devices.
- Foreign citizens have the right to communicate with diplomatic missions, consulates of their state in Russia.
- Prisoners in Russia are not used for medical, scientific, psychological experiments, as well as for testing new medicines, means and methods of treatment, prevention or diagnosis. Various biomedical research is also prohibited in their respect.
- The prisoner retains the right to freedom of religion, but the sending of a religious event should not violate the rules of procedure established for the establishment of the FSIN.
Rights of a prisoner, convict
Also, any person held in a Russian penitentiary institution has the following inalienable list of rights arising from his new social position - convicted, imprisoned:
- For personal safety.
- For non-affecting human dignity treatment from the staff of the pre-trial detention center, correctional institution.
- To protect health is the provision of free and qualified medical care.
- For food, whose volume and quality are sufficient to maintain strength, a satisfactory state of health.
- To use an individual place (single bed) for 8 hours at night.
- To receive the necessary bedding from employees of the FSIN institution.
- To receive utensils, necessary cutlery from the administration.
- To comply with the sanitary norms of living space in the room where the convict is located.
- For all necessary sanitary and hygienic conditions in the place of stay of the citizen. They should not be worse and lower quality than those defined for those who are at large.
- For labor, as well as a fair monetary reward for its results.
- For a daily walk. It must be held in the fresh air. The duration of such a “promenade" is at least one hour per day.
- For secondary general education, if the convicted person has not yet acquired it due to age or other circumstances.
- And most importantly, the appeal of any violation of their rights and interests, which introduces the law for this category of citizens. In other words, the administration of the FSIN institution cannot prevent the convicted persons from sending complaints, petitions, statements to other authorities.
Who protects the rights?
To protect the rights of convicts in Russia, you can contact any of the above organizations:
- The judicial system.
- Ministry of Justice of the Russian Federation.
- Prosecutor's office.
- Commissioners for the protection of human rights (including the protection of the rights of certain categories of citizens).
- Public organizations.
Each of these methods of protecting the rights of convicts should be analyzed in detail.
Judicial system
Consider what appeals the Russian courts accept:
- Complaints about the action of the administration of the FSIN institutions.
- Protection of the rights of former convicts - rehabilitated citizens. The court helps to compensate him for harm, to recover in housing, pension and labor powers.
- Changes in the type of correctional institution based on Art. 78 and Art. 140 Russian PECs.
- Exemption from punishment in connection with the disease (Article 81 of the Penal Code).
- On the transfer of a foreign citizen from the institution of the Russian Federal Penitentiary Service to places of deprivation of liberty of the state of which he is considered a subject.
Prosecutor's office
The protection of the rights of convicts in places of deprivation of liberty is the prerogative of the prosecutor's office. Supervision here is carried out on the legality of a citizen's presence in the pre-trial detention system, places of detention of detainees, correctional labor and other institutions of the FSIN.
Also, the prosecutor's office may demand compliance with the rights and obligations of convicted, detained, and prisoners established by the legislation of Russia. The authorized person has the right to check orders and instructions of the bodies of the FSIN system for compliance of these documents with the legislative acts of the Russian Federation.
Appeal to the administration of the FSIN
In places of deprivation of liberty, the threat of personal integrity does not always come only from the employees of the organization. Activities to protect the rights of convicts are also the responsibility of the administration of the FSIN institution. A citizen is entitled to turn to her, sensing a threat to his own security. The authorized person is obliged in response to immediately take the measures required by law.
The head of the institution has the right (on his own initiative or on the personal application of the victim) to transfer the convict to a safer place for the latter. Or, to realize actions that would qualitatively contribute to protecting the victim from cellmates. What is the peculiarity of this measure to protect the rights of prisoners sentenced to imprisonment? But such an action must have good reason - the decision of the prosecutor, investigator, judge, interrogator, and so on.
Public oversight
Here we are talking about special public monitoring commissions. They are created in each subject of the Russian Federation. These are mothers' committees for the protection of the rights of convicts, associations of caring lawyers, and other public organizations.
Their activities are regulated by Federal Law No. 76 (adopted in 2008). The act contains instructions on the regulation of public control over the observance of the rights of persons contained in the FSIN system, as well as rules on measures to promote these citizens.
Referral of Convicts
Prisoners and convicts have the right to send complaints, motions, statements, proposals, etc. to the appropriate authorities. It is introduced by the Federal Law "On the Procedure for Considering Appeals of Russian Citizens" No. 59 (the act was adopted in 2006). Also, the right is based on other regulatory documents, the Criminal Executive Code of the country.
We will present important features of protecting the rights of convicts in places of deprivation of liberty:
- All appeals regarding arrest, detention in the institution of the Federal Penitentiary Service, imprisonment and the death penalty can be submitted either in writing or in oral form.
- The sending of such statements, complaints, petitions is carried out only through the administration of the body that executes the punishment. Responses to appeals also pass through it.
- If the application, complaint, petition is sent to the administration of the Russian President, the Government, the structure of the Federal Assembly of the Russian Federation, the representative (legislative) system of the constituent entities of the federation, the executive authorities in Russia, the court, the prosecutor's office, higher authorities of the Federal Penitentiary Service, the Commissioner for the Protection of Human Rights (or to protect the rights of certain groups of citizens), supervisory public commissions, international human rights organizations, such letters cannot be corrected / okrascheny / supplemented with censorship on the part of the Federal Penitentiary Service of the administration. In addition, such an appeal must be transmitted no later than one business day to the telecom operator to be sent to its addressee.
- If the statement, proposal or complaint of the convict somehow relates to the actions and decisions of the management, employees of the FSIN institution, then the very fact of sending such an appeal is not able to suspend the implementation of these actions and decisions.
- If a prisoner, a convict comes to the conclusion that there are not enough domestic methods of protecting his personality, legal interests, then he can appeal to the European Court of Human Rights. I must say that the system rather quickly considers messages addressed to it.
Organization for the Protection of the Rights of Convicts
An excellent option is to contact a public association that is respected in this field. A common example is the Foundation for the Protection of the Rights of a Prisoner. The main direction of his work is the protection of a person whose rights were violated while being kept in the penal system. But it should be noted that it is not a coordinating body in relation to the FSIN, cannot directly influence the decisions of employees of this structure. This is only a public organization for the protection of the rights of convicts.
Here are the main areas of his activity:
- Appeal to state, international, non-state institutions in order to induce their employees, management to combat the anti-legal, degrading situation in places of deprivation of liberty.
- Providing individual convicts, their families and relatives with individual legal advice on the procedure and conditions of detention (during the preliminary investigation), in places of punishment.
- An appeal to the media (with the consent of the convict and his relatives) to cover the most acute, burning problems.
What applications are accepted by the fund?
This Committee for the Protection of the Rights of Convicts accepts the following:
- Complaints of the convicts themselves (as well as their relatives and relatives) about violence, refusal of medical care, conditions of detention contrary to the law.
- Requests to provide targeted legal advice. It should be connected with the order and conditions of detention in the structure of the FSIN.
- Request for free provision of a personal printed publication of the Foundation - the bulletin "In Defense of Rights". He is sent by letter.
However, the Committee for the Protection of the Rights of Convicts and Prisoners does not respond to the following messages:
- Requests for assistance in appealing sentences.
- Requesting to write (or support) a supervisory review complaint against the verdict.
- Various requests for financial assistance - for the provision of legal literature, clothing, stationery, money and so on.
- Appeals for the protection of human rights, who do not belong to convicts, prisoners.
How to apply to the fund?
You can send your message either by regular or by e-mail. You will find contact information on the official website of the Fund. To get the most complete help from this public association for the protection of the rights of convicted and prisoners, you need to prepare your message:
- A clear statement of the essence of the problem without emotional deviations.
- The essence, place, time, circumstances of the fact of violation of your rights.
- The request to the Fund employees should also be clearly stated.
- It is important to attach copies of documentation to your letter. But only that which is directly related to the described problem.
- Be sure to include your return postal address or contact phone number.
The foundation provides its services to those who apply for free.
Russian law expressly states that a convicted person has the power to protect his rights. A person can send an appeal to both state and public organizations.