E/CN.4/2005/62/Add.2
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of residence in the Russian Federation, his or her identity has not been established or an earlier
preventive measure was violated. This measure may also be chosen when the suspect or accused
person evaded the bodies conducting the pre-trial investigation or the court. The shortest period
of detention is applied to a suspect who has not been indicted. The preventive measure of
remand in custody may be applied for a longer period for an accused person and only in
exceptional cases in respect of a suspect. In accordance with article 109 of the Code of Criminal
Procedure, remand in custody may not exceed two months. In exceptional cases, pursuant to a
court decision, that period may be extended to 18 months. Until the court takes a decision,
detention may not exceed 48 hours, which is also in keeping with article 22 of the Constitution
of the Russian Federation. The court has the right to extend the period of detention by another
72 hours until a final decision is taken concerning the need to place the person in custody (article
108, paragraph 6 (3), of the Code of Criminal Procedure of the Russian Federation).
103. Recommendation (f) stated: To the extent that more extensive use of release on bail
or recognizance will not eliminate the overcrowding problem, there should be a crash
programme to build new remand centres with sufficient accommodation for the anticipated
population.
104. The Government reported that new remand centres are being built and existing remand
centres are being refurbished in accordance with the federal special programme on reform of the
penal correction system of the Ministry of Justice for the period 2002-2006, which was approved
by the Government in August 2001. This programme provides for the introduction, over a fiveyear period, of an additional 46,000 places for holding accused persons and suspects. Since
1998, when the penal correction system was placed under the authority of the Ministry of Justice,
15 new remand centres, with a capacity for holding 6,018 persons, have begun operation. Over
the past two years, as a result of the opening of new remand centres, the change in the function
of prisons and the refurbishment of existing remand centres, over 13,000 additional places for
holding persons suspected or accused of offences have been created. Moreover, in order to
accommodate persons for whom the preventive measure of remand in custody has been chosen,
with the agreement of the Office of the Procurator-General of the Russian Federation, specially
equipped premises are being used as part of the system of remand centres. The premises are
situated in penal correctional institutions. There are a total of 1,113 such premises, which hold
5,000 persons. The space allocated for each person held in a remand centre has been increased to
an average of 3.9 square metres; the legal norm is 4 square metres. Currently, another 11 remand
centres are being built, and 75 are being refurbished or expanded. By the end of 2004, it is
expected that an additional 2,577 places will be available in remand centres. This has
substantially improved detention conditions for suspects and accused and convicted persons in
institutions of the penal correction system. All persons held in remand centres currently have
individual sleeping areas, bedding and hygienic articles and plates and dishes in accordance with
established norms. Suspects and accused persons bathe at least once a week and receive
nutritious meals three times a day. Remand centres have carried out minor repairs. Sanitary
engineering equipment has been replaced, toilets in cells have been partitioned, and buckets are
being replaced by toilet bowls.
105. Recommendation (g) stated: Existing institutions should be refurbished so that all
institutions meet basic standards of humanity and respect for human dignity.
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