E/CN.4/2005/62/Add.2
page 19
eliminated by opening up, on a temporary basis, indoor stadiums or other comparable
public places, and transferring the excess population to such places.
96.
The Government reported that on the initiative of the Ministry of Justice, in August 2001,
the Government approved the federal special programme on reform of the penal correction
system of the Ministry of Justice for the period 2002-2006, the aim of which is to decriminalize
society, increase the types of punishment that can serve as alternatives to deprivation of liberty,
reduce the number of citizens in places of deprivation of liberty and improve the conditions of
their detention. The implementation of the programme, together with other measures, made it
possible to speed up the solution of the most urgent problems and to enforce the provisions of
Russian legislation and international standards concerning the observance of human rights in
penal institutions. On 9 March 2001, the federal act on amendments and additions to the
Criminal Code of the Russian Federation, the Code of Criminal Procedure of the Russian Soviet
Federative Socialist Republic (RSFSR), the Penal Enforcement Code of the Russian Federation
and other legislation of the Russian Federation was adopted. The aforementioned act resulted in
a substantial reduction in the practice of using remand in custody as a preventive measure.
Today, remand in custody is chiefly reserved for persons who have committed serious or
particularly serious offences. Persons who have committed minor or less serious offences are
subjected to this form of punishment only in exceptional cases. Other forms of procedural
coercion, such as bail and recognizance, are being more widely used; minors are entrusted to the
supervision of their relatives, guardians or other trustworthy persons. The time limits for holding
defendants in custody during trial have been reduced. Previous legislation did not establish any
time limits, and defendants were held in custody for unjustifiably long periods. On 31 October
2002, Federal Act No. 133-FZ on amendments and additions to the Criminal Code of the Russian
Federation, the Code of Criminal Procedure of the RSFSR and the Code of the Russian
Federation of Administrative Offences was adopted. The Act amended the structure of article
158 of the Criminal Code of the Russian Federation and differentiated criminal liability for
various types of theft, taking into consideration the level of danger that such offences pose to
society. The introduction of many amendments to legislation, the entry into force on 1 July 2002
of the Code of Criminal Procedure of the Russian Federation, as well as other measures of an
organizational and legal nature, made it possible, during the period from May 2000 to the
present, to reduce the number of persons held in places of deprivation of liberty by 266,000
(24.4 per cent), including the reduction by 133,000 (48.7 per cent) of persons held in remand
centres. On average, overcrowding in remand centres throughout the Russian penal correction
system has been reduced more than twofold - to the centres’ established capacity. Compared
with the situation in 1995, the number of inmates in remand centres has been reduced
by 146,800. As at 1 August 2004, 137,900 persons were being held in remand centres and
premises serving as remand centres; the capacity of such centres and premises is 142,000. In its
Decision No. 5 of 10 October 2003 on the application by courts of general jurisdiction of the
principles and norms of international law and international treaties to which the Russian
Federation is a party, the Supreme Court recommended that courts, when deciding whether or
not to place accused persons in custody as a preventive measure, or to extend their remand in
custody, or when considering complaints from accused persons concerning unlawful acts
committed by officials of preliminary investigation bodies, should consider the need to observe
the rights of persons held in custody that are contained in articles 3, 5, 6 and 13 of the European
Convention for the Protection of Human Rights and Fundamental Freedoms.
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