A/HRC/7/3/Add.2
page 105
550.
Federal Law No. 91-FZ of 6 June 2007 seeks to transform enterprises attached
to penitentiary institutions into “adaptation centres,” which provide social services with a
view to convicts’ reintegration once they leave the prisons.
551.
Federal Law No. 104-FZ of 19 June 2007 authorizes human rights
commissioners in the Subjects of the Federation to visit penitentiary institutions without
special permission for monitoring purposes. FSIN Decree No. 32 of 26 January 2007
established a Public Council under the Penitentiary Service, whose main aim is to involve
society to help resolve problems related to the penitentiary sphere, e.g. defend officers’
(including retired) and detainees’ rights and interests. Similar councils have been
established at the regional level to ensure continuous reform of the system, respect for
human rights in places of deprivation of liberty and the humanization of detention
conditions. A draft Law on “Public control of respect for human rights in places of
detention and on assisting public associations in their work” is currently being finalized.
552.
Federal Law No. 59-FZ of 2 May 2006 on “Handling complaints from citizens
of the Russian Federation” served as the basis for an administrative regulation on
complaints of convicts and pre-trial detainees, approved by Ministry of Justice decree on
26 December 2006, following which the procedure for pardon was modified by
Presidential Decree No. 359 of 16 March 2007.
553.
Twice in 2006 CPT visited places of deprivation of liberty and publicly
concluded (on 13 March 2007) that in the area of penitentiary reform a certain progress
has been achieved in terms of improvement of conditions.
554.
Recommendation (i) stated: Medical facilities and medicines should be
sufficient to meet the needs of inmates, even after the present situation (in which the
State effectively subjects inmates to disease by placing them in health-damaging
conditions) has been remedied.
555.
Joint Decree No. 640/190 of the Health Ministry and the Ministry of Justice of
17 October 2005 details the procedure to be followed by medical workers to identify
injuries potentially following unlawful treatment by officials. Moreover, according to
para. 15 of the Internal Rules of pre-trial detention institutions, all suspects and accused
persons entering an investigation isolator have to undergo a first medical check-up, the
results of which have to be registered in their medial registers. If there is any suspicion
that injuries resulted from unlawful treatment in the investigation isolator, the medical
worker provides a written report to the head of the investigation isolator, the operative
unit conducts an examination, which, if it is found that a crime might have been
committed, the matter is sent to the territorial prosecutor’s office (in accordance with
article 133 of the Penitentiary Code).
556.
Detainees can request a medical examination. If the request if not granted, they
can complain to the court or the prosecutor.
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