E/CN.4/2006/6/Add.2
page 55
‘measure of restraint’ under judicial authority, but also imposed restrictions on the use of this
measure. Thus, under Art. 97 of the Criminal Procedure Code, the use of pre-trial custody must
be based on a well-founded assumption that a suspect or an accused: 1) may attempt to escape
the inquest, preliminary investigation, or trial; 2) may continue to engage in criminal activity; or
3) may attempt to intimidate a witness or any other participants of the criminal proceedings,
destroy evidence or in any other way hinder the proceedings. In accordance with art. 100 of the
Criminal Procedure Code, custody can only be applied in exceptional cases. Art. 108 part 1 of
the Criminal Procedure Code, provides that detention of a suspect or accused can be used as a
measure of restraint only if they are suspected or accused of a crime punishable by more than
two years of imprisonment, and where using a milder measure of restraint is unfeasible. A judge
ordering detention as a measure of restraint must make a written statement of concrete factual
circumstances underlying the decision. Also, on 10 October 2003, the Plenary of the Russian
Supreme Court adopted Regulation No. 5 “On the application, by general jurisdiction courts, of
generally recognized principles and standards of international law, and of international treaties
Russia is party to.” In paragraph 14 of this Regulation, the Supreme Court established that arrest
cannot be applied based only on the seriousness of criminal charges, but on other circumstances
which may warrant the isolation of the suspect or accused.The new Criminal Procedure Code
provides for a range of measures which can be used to control a suspect or an accused person
besides custody, includingrelease on recognizance (signature), personal guarantee, bail or house
arrest. However, contrary to what the Government claims, non-custodial measures are applied
only occasionally. The general number of applied alternative measures (except for suspended
sentences) makes up no more than 5% of the general number of verdicts and has not increased,
but rather decreased (from 79,800 in 1997 to 53,000 in 2000). Alternative measures for minors,
such as house arrest is very seldom applied, and measures such as personal guarantees are
practically not applied. From 1997 to 2002 only one out of 255 petitions for replacing
preventive detention with a personal guarantee has been satisfied. When judges have to choose
between arresting a person and releasing him/or her on recognizance, the tendency is to order
detention, whether well-justified or not. Defence attorneys and human rights lawyers report that
very often judges order arrest of first-time and non-violent offenders. Moreover, in many cases
they fail to indicate any of the legally established reasons for the use of detention, referring only
to the seriousness of charges. Another factor which undermines efforts to reduce the number of
pre-trial detainees is the failure of the new Criminal Procedure Code to impose mandatory limits
on pre-trial detention during judicial proceedings. Even after the investigation and during the
entire trial up to the moment of sentencing, the accused can be detained in a SIZO. Detention
during trial can be excessively long, because criminal proceedings are often delayed due to
courts’ overwhelming workloads and also due to problems with getting witnesses to appear. The
situation is further aggravated by the fact that whenever a person is detained during an
investigation, the court will automatically extend the term of detention, without even looking
into the merits for his/or her continued custody. Generally, courts extend the term in a closed
hearing, even in the absence of the prosecutor’s motion requesting continuous detention, and
without hearing the accused or his/her defence attorney. This pattern of almost mandatory
detention awaiting sentence combined with lengthy trials cause most criminal defendants to
spend at least a year in SIZO. A delegation of the International Helsinki Federation (IHF)
visiting SIZOs No. 5 and No. 6 in Moscow learned from the SIZO administrations that the
average detention time was one year. While interviewing detainees in SIZO No. 5, the IHF
delegation found teenagers who had spent 18 months in detention, and in SIZO No. 6 some
female prisoners were found to have been detained for more than two years. Excessive use of
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents