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It is proposed to expand the list of grounds for introducing a regime of special conditions in penal institutions

It is proposed to expand the list of grounds for introducing a regime of special conditions in penal institutions

Draft amendments to the PEC submitted to the State Duma, providing for the suspension of the exercise of the rights of convicts to visit, receiving transfers, parcels, walks, as well as trips outside correctional facilities.

One of the lawyers thought, that the proposed changes are not in line with the Constitution and may encourage arbitrariness in relation to both convicted, as well as their defenders and other persons, providing qualified legal assistance. Another believes, that the bill will not so much affect the access of lawyers to prisoners, how much it will balance and bring legal certainty to the legally guaranteed rights of convicts to visit a lawyer, limited during the lockdown in colonies and pre-trial detention centers, as well as, probably, provide for legal mechanisms for the protection of convicts in areas with the risk of an armed attack on a penitentiary.

A draft amendment to Art.. 85 PEC RF (draft law no 172894-8), who are invited to expand the range of situations, under which a regime of special conditions can be introduced in correctional institutions. Earlier, the Ministry of Justice of Russia submitted the draft for public discussion..

According to the current. 1 Art. 85 PEC in cases of natural disaster, introduction of a state of emergency or martial law in the area of ​​the correctional institution, in riots, as well as in case of group disobedience of convicts in a correctional institution, a regime of special conditions may be introduced.

The bill provides, that the regime of special conditions may be applied in cases of introduction on the territory of Russia or in certain areas of it, a state of emergency or martial law, high alert or emergency, restrictive measures (quarantine) in a correctional facility. In addition to mass riots or group disobedience of convicts, it is proposed to introduce a regime of special conditions when taking hostages, there is a real threat of armed attack, as well as the introduction of restrictive measures (quarantine) within the penitentiary.

Current h. 2 Art. 85 PEC provides, that during the period of the regime of special conditions in a correctional institution, the implementation of certain rights of convicts may be suspended, provided for by Art.. 88–97 Codex, as well as enhanced security and supervision, special procedure for admission to objects, changed daily routine, production activities are limited, household, cultural, educational and other services, with the exception of health.

If the draft law is adopted in the proposed version of. 2 Art. 85 The PEC will provide for the possibility of changing the daily routine, restrictions on the activities of production, household, cultural, educational and other services, with the exception of health, as well as the introduction of an enhanced version of protection and supervision, special order of admission to objects.

Besides, Art. 85 The Code is proposed to be supplemented with. 2.1 on the implementation of certain rights of convicts through an act of the Ministry of Justice in cases of introducing a regime of special conditions. According to the explanatory note to the bill, it is proposed, in particular, regulate the procedure for exercising the rights of convicts to visit, receiving parcels, gear and parcels, correspondence and money transfers, telephone conversations, walks, watching movies and TV shows, listening to radio broadcasts, acquisition and storage of literature and writing materials, movement without convoy or escort, trips outside correctional institutions, depending on the grounds for the introduction of a regime of special conditions.

Vera Goncharova, lawyer of the ICA Advocate Partnership, noted in a comment to AG, that the project submitted for public discussion caused a lot of critical feedback, since it actually created unlimited opportunities for the administration of the penitentiary institution to arbitrarily decide the issues of admission of lawyers to convicts. The draft amendments to Art.. 85 The PEC is proposed to be supplemented with grounds for the introduction of a regime of special conditions, like last time, and the issues of realization of the rights of convicts during the introduction of the specified regime - to be settled by a by-law, added a lawyer. “Meanwhile, penal legislation is under the jurisdiction of the Russian Federation., and according to Art.. 76 Constitutions on the subjects of the jurisdiction of the Russian Federation, federal constitutional and federal laws are adopted. Thus, in order to avoid a negative public reaction to the proposed changes, the drafters of the bill slightly changed the wording, while the purpose of the amendments remained unchanged. I think, that such changes are inconsistent with the Constitution and may contribute to arbitrariness in relation not only to convicts, but also lawyers and other persons, providing legal assistance", Vera Goncharova concluded.

Head of the Expert Center for Criminal Law Policy and Enforcement of Judicial Acts of the Non-Governmental Organization "Business Russia", lawyer AP d. Moscow Ekaterina Avdeeva noticed, that the legislator expanded the list of grounds, under which special conditions can be introduced, however, in general, these circumstances can hardly be called unreasonable and directly bearing risks. In the same time, she added, grounds of natural disaster are proposed to be excluded.

“The bill will not only affect the access of lawyers to prisoners, how much will balance and bring legal certainty to the legally guaranteed rights to visit a lawyer, limited during the lockdown in colonies and pre-trial detention centers, as well as, probably, provide legal mechanisms for the protection of convicts in areas with the risk of an armed attack on the colony. However, it is necessary to ensure a balance between the public powers of the management of penal institutions and the legitimate interests of private individuals., - says Ekaterina Avdeeva. – In what cases and how will the right to a meeting with a lawyer be limited?, the Ministry of Justice will have to decide - for this it will have 60 days from the date of the official publication of the law.

 

 

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