E/CN.4/1997/7
page 39
Rapporteur of measures that had been or were to be taken pursuant to the
recommendations in his report (see E/CN.4/1996/35, paras. 142-148). During
the present reporting period, the Government continued to inform the Special
Rapporteur of such measures taken, pursuant to resolutions 1995/37 B,
paragraph 11 and 1996/33 B, paragraph 11 of the Commission on Human Rights,
concerning follow-up work relating to country visits.
173. On 22 January 1996 the Government informed the Special Rapporteur that
under a decree signed by the President of the Russian Federation on
29 September 1995, State enterprises/institutions that applied criminal
penalties in the form of deprivation of freedom were to become State unitary
enterprises (federal State-funded enterprises) during 1996/97. Proposals to
introduce the changes dictated by the decree would have to be tabled in the
State Duma of the Federal Assembly. The Government subsequently informed the
Special Rapporteur that Council of Europe officials and experts and officials
of the Russian Ministry of Internal Affairs had participated in the fourth
session of the Steering Committee on reform of the custodial system in the
Russian Federation, held in Moscow from 20 to 22 February 1996. The issues
addressed included those concerning personnel involved in the enforcement of
penalties, reducing the number of inmates in prison institutions and
conditions in which prisoners are held. The Committee decided that proposals
for changes in legislation must not lead to an increase in the number of
prison inmates and steps must be taken so that legislation contains clear
criteria concerning conditions in places of detention and to ensure that
courts adhere to those criteria in accordance with the requirements of
article 5 of the European Convention on Human Rights. The Committee also
noted the importance of efforts to improve the working conditions of staff in
places of detention, thereby making it possible to raise the entrance
requirements for work in those institutions. It was agreed to convene the
next meeting on 6 and 7 May 1996 in Strasbourg and to hold a future seminar on
questions pertaining to the protection of staff of custodial institutions.
174. On 27 September 1996 the Government advised the Special Rapporteur that
on 5 June 1996 the upper house of the Russian Federation’s Federal Assembly
had adopted a decision suggesting to the Russian Government that it take
urgent measures to provide sufficient funds for the penal system to operate
normally and that it provide instructions to the relevant committees of the
Federation Council to examine proposals from the Procurator General of Russia
for legislation aimed at strengthening human rights safeguards and reinforcing
legality in the Russian penal system and to prepare them for submission to the
State Duma. The decision also served as a basis for an appeal from the
Federation Council to legislative (representative) and executive organs of
State power of the constituent entities of the Russian Federation that the
situation regarding the provision of supplies and equipment to the Russian
penal system which had deteriorated markedly in recent years; the conditions
of detention in remand centres ( sizos ) under the control of the Russian
Ministry of Internal Affairs (MVD) constituted flagrant violations of human
rights and of the law and the international obligations of the
Russian Federation. The Federation Council called on the legislative and
executive organs of State power of the constituent entities of the Russian
Federation to assist in repairing, modernizing and building MVD
sizos in their
territories and in supplying them with food and medicine in at least the
minimum necessary quantities.
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