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RUSSIAN FEDERATION

Human Rights Issues

  Overview
Death penalty
  Torture/ill-treatment
Arbitrary detention
  Fair trial
Prison conditions
  Demonstrations
Ethnic affiliation
  Religious affiliation
Political affiliation
  NGOs and Human rights activists
Women
  Children/youth
Sexual orientation
  Media/journalists/ scientists
Military service/desertion
  Refugees

28.05.2008 - Source: Amnesty International

Riots in several prison colonies reported; prisoners were protesting against ill-treatment and against violations of their rights; 3 prisoners died as a result of the suppression of a riot ("Annual Report 2008") [ID 23511]

"Riots in several prison colonies were reported.

Prisoners were protesting against ill-treatment and violations of their rights, such as denials of family visits and receipt of food parcels, and the frequent use of punishment cells for minor violations of prison rules.

Similar reports were received from prison colonies in Krasnodar, Sverdlovsk and Kaluga Regions.

The media reported that three prisoners died as a result of the suppression of a riot in Sverdlovsk Region."

Document(s): Open document

11.03.2008 - Source: US Department of State

Prison conditions remained extremely harsh and frequently life threatening; as of 1July 2007, 889,600 persons were in custody of criminal justice system ("Country Report on Human Rights Practices 2007") [ID 22585]

"Prison conditions remained extremely harsh and frequently life threatening. The Ministry of Justice's Federal Service for the Execution of Sentences (FSIN) administered most of the penitentiary system centrally from Moscow. In April 2006 the State Duma passed a law prohibiting the Federal Security Service (FSB) from operating prisons and transferred all FSB prisons to the Ministry of Justice. There were five basic forms of custody facilities in the criminal justice system: police temporary detention centers; pretrial detention facilities (SIZOs); correctional labor colonies (ITKs); prisons designated for those who violate ITK rules; and educational labor colonies (VTKs) for juveniles. In most cases juveniles were held separately from adults.

As of July 1, 889,600 persons were in the custody of the criminal justice system, an increase of 101,000 since July 2005. Among them were 12,100 juveniles and 63,000 women. The number of juveniles decreased from 14,500 two years ago, while the number of female inmates increased from 48,000."

Document(s): Open document

11.03.2008 - Source: US Department of State

Prison officials did not allow human rights observers or defense attorneys to enter prisons with worst records of abuse ("Country Report on Human Rights Practices 2007") [ID 22586]

"According to the NGO For Human Rights, prison officials did not allow human rights observers or defense attorneys to enter the 41 of 765 prisons with the worst records of abuse, such as torture or collective punishment.
In 2006 the human rights ombudsman investigated 2,966 of the 3,036 complaints it received from prisoners. In 2006 the General Prosecutor's Office found grounds to investigate 2,200 of the 40,000 complaints it received from prisoners. According to the general prosecutors' office, over 8,000 employees in the criminal system were held responsible for various violations in 2006.
Since 2004 authorities have refused to grant the International Committee of the Red Cross (ICRC) access, under ICRC's standard criteria, to those detained as part of the conflict in Chechnya, and the ICRC subsequently was forced to suspend its detention visits."

Document(s): Open document

25.09.2007 - Source: Freedom House

Russia’s imprisonment rate is among highest in the world, with 670 prisoners per 100,000 residents; prison conditions are notoriously poor ("Countries at the Crossroads 2007") [ID 21393]

"Russia’s imprisonment rate is among the highest in the world, with 670 prisoners per 100,000 residents.12 Prison conditions are notoriously poor, and common health risks include HIV, tuberculosis, and other deadly diseases. Sanitary conditions are negatively affected by erratic water supplies and lack of hot water;13 many pretrial detention centers do not have flush toilets, and detainees are forced to use buckets instead.14 Overcrowding is common, and drug addiction among inmates has soared since 2000. Police, on occasion, fail to keep accurate detention records, allowing suspects to remain in detention beyond the legal limit of 48 hours without seeing a judge. Moreover, the threat of torture deters detainees from reporting the excessive time in jail."

Document(s): Open document

06.03.2007 - Source: US Department of State

Inmates in prison system often suffered from inadequate medical care; high numbers of tuberculosis and HIV-infections; according to NGO for Human Rights it has become increasingly difficult for observers to monitor prison conditions ("Country Report on Human Rights Practices 2006") [ID 19293]

"Prison conditions remained extremely harsh and frequently life threatening. (…) Inmates in the prison system often suffered from inadequate medical care. According to the Ministry of Justice, as of March 17, there were over 58,000 tuberculosis infected persons and 35,000 HIV infected persons in SIZOs and correction colonies, compared to approximately 49,000 tuberculosis infected persons and 31,000 HIV infected persons in September 2005. Tuberculosis infection rates were far higher in detention facilities than in the population at large. The Moscow Center for Prison Reform reported that conditions in penal facilities varied among the regions.

In August 2005 the NGO For Human Rights reported that it had been able to monitor prisons in 40 of the country's 88 regions; however, according to the group's executive director, it had become increasingly difficult for domestic observers to monitor prison conditions in the last six years. Human rights activists were allowed into those prisons where the situation was good enough, specifically in female and juvenile prisons. Krasnodar Kray was one of the few regions where the situation in prisons is good and activists from the NGO For Human Rights are allowed in to monitor. For Human Rights counted 40 prisons where human rights activists and even defense attorneys were not allowed into prisons where prisoners' rights were being seriously violated (mass beatings, mass tortures, mass punishment, and humiliation). The For Human Rights chairman estimated the situation with human rights violation in prison as critical and said that the situation worsened. Others, such as the Committee for Civil Rights, report that the situation improved in a few regions."

Document(s): Open document

07.02.2007 - Source: Institute for War and Peace Reporting

Allegedly there is widespread abuse of Chechens held in Russian prisons; there are claims that many were convicted on false charges ("Russian Prison Hell for Chechens") [ID 18581]

Document(s): Open document

22.11.2006 - Source: Amnesty International

Pre-trial detention often focuses on getting "confessions"; evidence frequently falsified by police, according to Human Rights Ombudsperson ("Torture and forced "confessions" in detention [EUR 46/056/2006]") [ID 17763]

In the original document you will find additional information on the case of ethnic Chechen lawyer Aslan Umakhanov, who was tortured in detention

"If police officers are inadequately trained and unprofessional, they are less likely to investigate crimes through a range of sources of information. Instead they will be overly reliant on information or statements gained from interviews of witnesses, suspects and accused persons. This appears to be the case in Russia where, according to NGO reports, police officers rely on information from interviews with detainees, suspects, accused and witnesses to give them initial leads when investigating a case and will detain individuals having no information to back up the initial arrest at all.(25) The absence of sufficient investigative preparation limits the police’s opportunities to lawfully and professionally confront the suspect, making unlawful force more likely during the interview.(26) The police can then fabricate evidence to fit round the information or statement gained through the interview. According to the Human Rights Ombudsperson Vladimir Lukin, the police "not infrequently falsify evidence".Therefore there is a real risk that any safeguards against torture such as the presence of a lawyer – which make it less likely that an individual will give information or "confess" – will be perceived as hindering the entire investigation, and are to be circumvented rather than respected."

Document(s): Open document

23.05.2006 - Source: Amnesty International

Poor conditions in overcrowded pre-trial detention facilities and ill-treatment of prisoners serving life sentences; organized protests of prisoners against ill-treatment ("Annual Report 2006") [ID 15387]

"Violations of Russian and international law relating to detention, including arbitrary detention and torture, were reported. Conditions in some overcrowded pre-trial detention facilities were so poor that they amounted to cruel, inhuman or degrading treatment. Prisoners serving life sentences lived in conditions that amounted to ill-treatment and in some cases possibly torture. Prisoners in regions including Kursk, Ulyanovsk, Smolensk and Mordovia conducted organized protests, including hunger strikes and mass self-harm, against conditions and ill-treatment. In May and June, Senyo Adzokpa, a Ghanaian living in Moscow, was reportedly tortured in a pre-trial detention centre in Ivanovo. He was allegedly beaten repeatedly and coerced into signing a confession by being placed in a punishment cell and threatened with rape. He was also subjected to racist abuse. Former Guantánamo detainees Airat Vakhitov and Rustam Akhmiarov were arbitrarily detained in Moscow in August by Moscow and Tatarstan law enforcement officials, transferred to Tatarstan and held in detention with access only to a state-appointed lawyer until their release six days later. A court in Tatarstan ruled on the legality of the two men’s detention in their absence, in violation of Russian and international law, which require detainees to be present for such hearings. Rustam Akhmiarov and Airat Vakhitov were simply handed a copy of the court decision to detain them further. Mikhail Trepashkin was denied urgently needed health care while in detention in prison colony IK-13 in Sverdlovsk oblast. On 20 October he was medically examined and the doctor recommended that he be admitted to hospital for monitoring and treatment. However, according to his lawyers, the prison administration refused to allow him to be transferred to hospital and failed to provide adequate medical care."

Document(s): Open document

01.05.2006 - Source: International Helsinki Federation for Human Rights

Situation of ill-treatment of detainees not adressed by Federal Penitentiary Services (FSIN), lack of NGOs to monitor detention conditions; NGOs call for draft law to improve terms of observance of prisoners’ rights ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2006 (Events of 2005)") [ID 15644]

"Major reasons for systematic violations of prisoners’ rights included a lack of desire to address the situation on the part of the Federal Penitentiary Services (FSIN) as well as lack of effective opportunities for NGOs to monitor detention conditions. Complaints about the treatment of detainees that were submitted to prosecutors and penitentiary authorities by human right organizations typically did not result in any thorough investigation. In most cases, the NGOs received standard answers, according to which the allegations could not be confirmed. In those cases where it was acknowledged that measures had been “inadequately” used, those guilty of abuse were typically not prosecuted. There were, however, exceptions: in some regions there was constructive cooperation between authorities and civil society concerning detention conditions, which contributed to more respect for the rights of detainees. A draft law granting civil society organizations the right to monitor closed detention facilities, which was expected to bring about significant improvements in terms of the observance of prisoners’ rights, remained pending at the end of the year. The MHG and other NGOs called for a prompt adoption and implementation of this law, as well as for additional changes of the criminal execution code so as to bring it fully in line with the Russian constitution. An amnesty implemented in May in connection with the 60th anniversary of the end of the World War II was of a limited scope and only affected 262 prisoners."

Document(s): Open document

01.05.2006 - Source: International Helsinki Federation for Human Rights

Mass Protests involving hunger strikes and acts of self-maiming in Lgov Colony OX-30/3 in June 2005 prompted by repeated cases of torture of prisoners ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2006 (Events of 2005)") [ID 15645]

"In June, mass protests, involving hunger strikes and acts of self-maiming, took place in the colony OX-30/3 in Lgov. The protests were prompted by repeated cases of torture of convicts and the protesters demanded that the prison officials guilty of abuse be criminally prosecuted. During the protests, new cases of beatings of prisoners were reported. The situation eventually de-escalated, largely as a result of the efforts of human rights activists, media attention as well as responses by the international community. The ombudsman and the chairman of the presidential council on the support and development of civil society and human rights also engaged in the issue, and federal prison inspectors were sent to the institution.Two high-ranking representatives of the administration of the Lgov colony were subsequently dismissed, but neither they nor any other officials were criminally prosecuted. Many of those who submitted complaints to the prosecutor were transferred to other prison facilities, in a measure that was said to be aimed at protecting them from repercussions. As public interest in the situation at the Lgov colony waned, intimidation and torture of prisoners reportedly resumed. A number of complaints concerning the events in the Lgov prison were submitted to the ECtHR."

Document(s): Open document

08.03.2006 - Source: US Department of State

Russian criminal justice system provides five basic forms of custody; prison conditions extremely harsh and frequently life-threatening ("Country Report on Human Rights Practices 2005") [#46144][ID 11237]

"Prison conditions remained extremely harsh and frequently life-threatening.
The Ministry of Justice's (MOJ's) Federal Service for the Execution of Sentences (formerly the Main Division for the Execution of Sentences) administered most of the penitentiary system centrally from Moscow. The FSB ran the Lefortovo pretrial detention center in Moscow and seven other pretrial detention centers. There were five basic forms of custody in the criminal justice system: police temporary detention centers; pretrial detention facilities, known as investigation isolation facilities (SIZOs); correctional labor colonies (ITKs); prisons designated for those who violate ITK rules; and educational labor colonies (VTKs) for juveniles. As of July 1, approximately 797,500 persons were in the custody of the criminal justice system, including 48,600 women and 14,500 juveniles. On December 16, the MOJ reported that the number of the people held in custody in 2005 exceeded 800 thousand. In most cases juveniles were held separately from adults."

Document(s): Open document

08.03.2006 - Source: US Department of State

Violence among inmates was common; penal institutions frequently remained overcrowded; inmates often suffered from inadequate medical care; however, there were some signs of improvement ("Country Report on Human Rights Practices 2005") [#46144][ID 11238]

"Abuse of prisoners by other prisoners continued to be a problem. Violence among inmates, including beatings and rape, was common. There were elaborate inmate-enforced caste systems in which informers, homosexuals, rapists, prison rape victims, child molesters, and others were considered to be "untouchable" and were treated very harshly, with little or no protection provided by the prison authorities.
Penal institutions frequently remained overcrowded, but there were reports of some improvements. For example, while many penal facilities remained in urgent need of renovation and upgrading, some reports indicated that these facilities were closer to meeting government standards, which include the provision of four square meters per inmate.
Inmates in the prison system often suffered from inadequate medical care; however, there were some signs of improvement. The Public Council in the MOJ reported that during the 3 years ending in 2004, the number of sick prisoners and detainees decreased by 27 percent. According to the MOJ, as of September 1, 2005, there were approximately 49 thousand tuberculosis-infected persons and 31 thousand HIV‑infected persons in SIZOs and correction colonies. Tuberculosis infection rates were far higher in detention facilities than in the population at large. The Moscow Center for Prison Reform (PCPR) reported that conditions in penal facilities varied among the regions."

Document(s): Open document

08.03.2006 - Source: US Department of State

It has become increasingly difficult for domestic observers to monitor prison conditions ("Country Report on Human Rights Practices 2005") [#46144][ID 11239]

"In August the NGO For Human Rights reported that it had been able to monitor prisons in 40 of the country's 89 regions; however, according to the group's executive director, it has become increasingly difficult for domestic observers to monitor prison conditions in the last five years. Beginning in September 2004, authorities refused to grant the International Committee of the Red Cross (ICRC) access, under ICRC's standard criteria, to those detained as part of the conflict in Chechnya, and the ICRC subsequently suspended its detention visits."

Document(s): Open document

13.09.2005 - Source: Radio Free Europe/Radio Liberty

180 inmates of prison in Dimitrovgrad started hunger strike to protest living conditions ("Russian Prisoners Launch Hunger Strike") [#36583][ID 11240]

Document(s): Open document

08.2005 - Source: Freedom House

Authorities take steps to reduce the prison population; a wave of hunger strikes in the spring of 2004; human rights groups are often denied access to prisoners ("Freedom in the World 2005") [#41473][ID 11241]

"While prisons suffer from overcrowding, inadequate medical attention, and poor sanitary conditions, authorities took steps in 2003 to reduce the prison population, including introducing alternative sentences to incarceration. The new criminal procedure code limits pretrial detention to six months and has reduced overcrowding in pretrial detention centers (known as SIZOs). In the spring of 2004, the penal system saw a wave of hunger strikes against what the rights ombudsman said was a system of prison guard “extortion...[of] food, money and valuables from prisoners and their families.” Putin has disbanded the presidential pardons commission, which was viewed as a safeguard against the harsh penal system and had released about 60,000 inmates since its inception in 1991, and ordered the creation of commissions in each of the country’s regions. Human rights groups are frequently denied access to prisoners."

Document(s): Open document

12.07.2005 - Source: Radio Free Europe/Radio Liberty

Many prisons subsist by selling or bartering inmate labour to local companies and communities for cheap price; this may become so beneficial to private businessmen that it might foster tendency to keep prison populations growing ("Russia: The State Of Prisons (Part 1): Barter To Survive") [#33998][ID 11242]

Document(s): Open document

06.07.2005 - Source: Radio Free Europe/Radio Liberty

Lgov prison director sacked after hundreds of cases of self-mutilation of inmates protesting mistreatment and beatings by guards ("Russia: Prison Director Sacked After Hundreds Of Cases Of Self-Mutilation") [#33681][ID 11243]

Document(s): Open document

04.07.2005 - Source: Radio Free Europe/Radio Liberty

Kursk: Number of prisoners mutilating themselves in Lgov jail in protest of conditions reached 800 ("Report: 800 Self-Mutilation Cases At Russian Prison") [#33568][ID 11244]

Document(s): Open document

28.06.2005 - Source: BBC News

Kursk: Some 260 inmates slashed their wrists or necks at jail in Lgov in protest at their poor conditions and alleged mistreatment ("Russia inmates in maiming protest") [#33322][ID 11245]

Document(s): Open document

03.06.2005 - Source: Council of Europe - Parliamentary Assembly

Improvement in prison conditions: Decreasing number of inmates, prisons less overcrowded ("Honouring of obligations and commitments by the Russian Federation [Doc. 10568]") [#32710][ID 11246]

"199. To improve conditions of detention in line with Recommendation No. R(87)3 on European prison rules and, in particular to improve the practically inhuman conditions in many pre-trial detention centres was an accession commitment (See Opinion No. 193 (1996), § 7 ix). We are pleased to report that further significant progress has been made in this regard since Resolution 1277 (2002).

[...]

204. Since 1998, after transfer from the Ministry of Interior, the Ministry of Justice's Main Directorate for Execution of Sentences (GUIN) administers the penitentiary system centrally from Moscow. The Ministries of Justice, Health, Defence, and Education all maintain penal facilities. There are five basic forms of custody in the criminal justice system: police temporary detention centres (IVS), pre-trial detention facilities known as investigation isolation facilities (SIZOs), correctional labour colonies114 (ITKs), prisons designated for those who violate ITK rules and educational labour colonies (VTKs) for juveniles. Men were held separately from women, as were juveniles from adults.

205. We were told during our meeting with the Ministry of Justice in November 2004 that the number of inmates had been further reduced and now totalled 769,000115. By 1 January 2005, according to the Russian delegation's comments, the total number of people held in the penitentiary system diminished even further: there are 763,054 inmates, including 140,503 detained on remand and 622,551 convicted. At the same time, in the SIZOs the number of inmates exceeds the capacity level by 14,000 people and in 22 regions SIZOs' spaces do not correspond to the established standard116. Mass amnesties over the past few years had offered immediate relief. The authorities also took longer-term and more systemic measures to reduce the size of the prison population. These included the use of alternative sentencing in some regions and revisions of both the Criminal Code and the Criminal Procedures Code that eliminated incarceration as a penalty for a large number of less serious offences. New amendments to the Criminal Code and to the Codes of Criminal Procedure and of Execution of Sentences were adopted in December 2003 to further improve, inter alia, the conditions of detention.

206. The new Code of Criminal Procedure, which partly entered into force on 1 July 2002, has also resulted in a large decrease of the number of accused persons detained pending trial, as it vests in courts sole competence to order and prolong pre-trial detention and imposes stricter time-limits on investigation and trial (see Articles 109, 162, 255).

207. Thus, the average number of persons committed to detention on remand per month decreased from 10,000 in 2001 to 3 700 in September-October 2002. As a result, the overall number of pre-trial detainees has decreased from 199,000 in October 2001, to 137,000 in October 2002 and to 131,000 in November 2004, thus reducing significantly the overcrowding of pre-trial detention facilities (SIZOs).

208. The Federal Programme for reforming the Ministry of Justice's penitentiary system for 2002- 2006, which was adopted by a decision of the Russian Government of 29 August 2001, provides for the building of new pre-trial detention facilities (SIZOs) for 10,130 places and the renovation of a great number of the existing ones with a view to improving, inter alia, the sanitary conditions of detention. In 2002, some 838 new places have been created in Russian SIZOs. In 2003, some 10,000 places were created in the Moscow region, Irkutsk, Krasnoyarsk and other regions. In 2004, 4 new SIZOs have been built and 5,818 new places have been created in the Republic of Khakassia, the Republic of Adygeya, and Tyumen and Volgograd Oblasts.

209. The latest detailed statistics117 of the prison population in the Russian federal entities show an average overcrowding in pre-trial detention in Russia of only 1% above the facilities' normal capacity. As a result of the above measures, the living space per detainee was increased on average to 3,46 m² by 1 January 2003 118. A detailed region by-region analysis shows, however, that pre-trial detention centres still remain overcrowded at different levels in 34 regional entities (compared to 57 entities in this situation at the beginning of 2003). In 15 of them the overcrowding is less then 20%, in 16 – between 20 and 50%. In three regions the pre-trial detention (SIZOs) or equivalent facilities remain more severely overcrowded (Tiva Republic, Chita and Kostroma regions).

210. This is a very welcome development and we congratulate the Russian authorities on the progress made in this area. Many penal facilities throughout the country remain however in urgent need of renovation and upgrading. The continuous increase119 in budgetary means allocated to the Penitentiary Department of the Justice Ministry (approximately 20% increase is planned in the draft budget for 2005 (61 billion roubles – 1.7 billion euros) compared to the 2004 budget (48.3 billion roubles – 1.4 billion euros) will need to be pursued over a number of years."

Document(s): Open document

03.06.2005 - Source: Council of Europe - Parliamentary Assembly

Still inadequate medical care in prisons ("Honouring of obligations and commitments by the Russian Federation [Doc. 10568]") [#32710][ID 11247]

"211. By law, authorities must provide inmates with adequate space, food, and medical attention; with the dramatic decrease in prison populations, they are increasingly able to meet these standards. However, inmates in the prison system still suffer from inadequate medical care. In 2001, President Putin described the problem of disease in the prison system as a potential "Chernobyl." According to the GUIN, as of 1 July 2003 there were approximately 77,000 tuberculosis-infected persons (i.e. one prisoner out of ten) and 37,000 HIV-infected persons in SIZOs and correction colonies120. Public health measures, funded by international aid and by the doubling of government resources for the prison system's medical budget, have effected a limited reversal of the spread of tuberculosis but have not contained the spread of HIV. Detention facilities had tuberculosis infection rates far higher than in the population at large.

212. In November 2004 we were told by the Ministry of Justice that out of a total prison population of 769,000 people, 600,000 were ill, of which 120,000 were suffering from some forms of mental disorder. This very high proportion can be explained by the harsh conditions of detention but also by the fact that the general public health care in Russia has deteriorated significantly over the past decade. The Ministry hopes to be able in the next few years to significantly improve health care in prison and in particular to be able to devote more funds now not only to the treatment of infectious diseases but also of psychological or psychiatric diseases. According to the International Helsinki Federation121, it would be most useful to integrate medical services in the institutions of the Ministry of Justice122 with the national health care system, however inadequate this national system may be. Doctors and other medical staff should be given independent status and be supervised only by medical authorities to allow the fulfilment of their duties as medical professionals."

Document(s): Open document

03.06.2005 - Source: Council of Europe - Parliamentary Assembly

Increased transparency in the treatment of prisoners, but reports on abuse, torture or inhuman treatment persist ("Honouring of obligations and commitments by the Russian Federation [Doc. 10568]") [#32710][ID 11248]

"213. The Government did not release statistics on the number of detainees and prisoners who were killed or died in custody, or on the number of law enforcement and prison personnel disciplined123. The Moscow Centre for Prison Reform (PCPR) estimated that in earlier years, 10,000 to 11,000 prisoners died annually in penitentiary facilities, 2,500 of them in SIZOs. During 2003 these numbers were estimated to be somewhat lower. Most died as a result of poor sanitary conditions or lack of medical care. Abuse of prisoners by other prisoners exists in other member states of the Council of Europe but continues to be a serious problem also in the Russian Federation. Violence among inmates, including beatings and rape, appears to be quite common. There are elaborate inmate-enforced caste systems in which informers, homosexuals, rapists, prison rape victims, child molesters, and others were considered to be "untouchable" and were treated very harshly, with little or no protection provided by the prison authorities. Finally there continue to be reports on abuse, torture or inhuman or degrading treatment by law enforcement agencies. Those need to be thoroughly investigated and the perpetrators brought to justice.

214. A positive development concerns the increased transparency in the management of penitentiary institutions. Mass media representatives, including foreign journalists are now allowed to visit prisons or colonies. Around 1 500 NGO's all over the country have also gained access and a NGO Council at the Ministry of Justice was set up. A draft federal law No.11807-3 "On Public Control Over Respect of Human Rights in Places of Detention and Public Associations' Assistance to Their Activity" was approved in first reading by the state Duma end of 2003: it provides for "public observation commissions" to be created in each of the Federation subjects. Candidates for membership of these commissions may be submitted by human rights NGO's and have to be approved by the Federal Ombudsman. They must however submit their action plans of control to the regional civil and military prosecutor's offices' prior approval. This provision raises some concern with regard to the independence of these commissions and we hope it will be modified in the course of the second reading."

Document(s): Open document

19.05.2005 - Source: International Helsinki Federation for Human Rights

Conditions in prisons still need to improve ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2005 (Events 2004)") [#32117][ID 11249]

"The overall conclusion of the delegation was that Russian law and policy are in need of further substantial reforms to reach the level of full compliance with international standards for the treatment of prisoners. Among other problems, the delegation observed that only dormitory style cells were available; inmates sometimes had to share beds because of overcrowding; doctors and other medical staff did not enjoy independent status, creating the risk of a conflict of interest in their work; the procedure for imposing disciplinary measures allowed for arbitrary exercise of powers by the prison staff; and sufficient activities for inmates were lacking.

The delegation noted with particular concern that the regime imposed on life prisoners in one of the pre-trial institutions visited in Moscow was extremely restrictive and that detention in disciplinary cells used in this institution amounted to inhuman punishment. On the positive side, the delegation found that conditions in pre-trial detention facilities for juveniles and women in Moscow have significantly improved in recent years.

While the two psychiatric hospitals visited are among the best mental health care institutions in the country, the delegation still observed some problems, such as lack of other forms of treatment than pharmacotherapy, unhygienic conditions and insufficient control of the use of seclusion and restraint. The delegation also expressed concern that Russian law and practice do not guarantee patients an opportunity to be heard by the court deciding on the legality of their detention and do not ensure the participation of a lawyer throughout the proceedings.

According to the MHG, there were cases where detainees died because of a failure by staff members to ensure that they promptly received medical assistance when they were in need of it. Torture and ill-treatment of detainees also remained a serious problem."

Document(s): Open document

20.04.2005 - Source: Council of Europe - Commissioner for Human Rights

Detained persons are often not informed about their rights and get no legal aid ("Report by Mr. Alvaro Gil-Robles, Commissioner for Human Rights, on his visit to the Russian Federation, 15-30 July 2004 and 19-20 September 2004 [CommDH(2005) 2]") [#32581][ID 11225]

"112. Arrested persons are taken to a police station, which is when the inquiries begin. The initial investigations are crucial and can affect the subsequent course of the proceedings. After questioning, arrested persons may be released or placed in police custody. If there is sufficient evidence, a criminal inquiry may be launched. The courts may then order placement in and transfer to a SIZO.

113. The first hours after arrest are extremely important. As well as influencing the subsequent proceedings, they can also affect suspects‘ psychological balance and their physical and mental health. lt must be borne in mmd that persons who are arrested and detained are presumed innocent, and their rights must be respected. They should therefore be informed as soon as possible of their rights and the remedies available to them. Yet, it appears from my conversations with detained persons that they were given very little information.

114. Under current legislation, arrested persons are entitled to the assistance of a lawyer. However, from the accounts I heard, the reality is quite different and very few persons spontaneously request a lawyer. In the majority of cases, the lawyer is appointed ex officio and appears on the scene only later, after the procedure has already got under way. In the meantime, suspects are not informed of their rights. Admittedly, when I visited the Krasnoflotsky district police station in Khabarovsk, I saw extracts of the CCP setting out the main rights of detained persons pinned to the wall, which is a good start. However, these provisions are not understood by everyone, particularly those who are not versed in the law. In other words, they are only accessible to a very small minority of detained persons.

115. 1 therefore consider it desirable to supply all detained persons with an explanatory booklet setting out their basic rights and describing the most frequent situations and problems they are likely to encounter. Such booklets are well known in Russia and are generally called pamiatka. Such a step would strengthen existing arrangements, such as the statutory posting up of legal provisions, and supplement the information and advice available to detained persons. lt might also act as a restraint on police and curb any temptation to use violence. I believe that it would be beneficial to give bar associations and NGOs a role in drafting these documents. They might also usefully be translated into several foreign languages. This applies particularly to border areas, where there is a greater likelihood of finding foreign detainees, with no information to help them to defend themselves.

116. In addition, since we have received significant complaints about the availability of free legal aid and court appointed lawyers, it would be appropriate for the bar associations to establish a proper system of emergency assistance on which the police could call when the need arose. If necessary, such services should be subsidised by the state."

Document(s): Open document

20.04.2005 - Source: Council of Europe - Commissioner for Human Rights

Less people detained in remand; overcrowding of the prisons reduced ("Report by Mr. Alvaro Gil-Robles, Commissioner for Human Rights, on his visit to the Russian Federation, 15-30 July 2004 and 19-20 September 2004 [CommDH(2005) 2]") [#32581][ID 11226]

"148. Despite all that I have said, there have been very positive changes in the prison sector. The new CCP that came into force on 1 July 2002 has led to a significant decline in the number of persons in pre-trial custody. The reason is the transfer to the courts of the power to order remand in custody and the stricter conditions to which such decisions are subject. According to figures supplied by the Russian authorities, the monthly average number of persons remanded in custody fell from 10.000 in 2001 to 3 700 in September-October 2002. This trend continued in 2003 and 2004. As a result the total number of persons detained on remanded fell from 199.000 in October 2001 to 145.000 in October 2002, and 136.000 in 2004, which has considerably reduced the overcrowding in SIZOs. This trend has done much to bring the Russian prison system into line with the norm of 4m2 per prisoner. The work must be continued and accelerated."

Document(s): Open document

20.04.2005 - Source: Council of Europe - Commissioner for Human Rights

Serious human rights problems in the police custody ("Report by Mr. Alvaro Gil-Robles, Commissioner for Human Rights, on his visit to the Russian Federation, 15-30 July 2004 and 19-20 September 2004 [CommDH(2005) 2]") [#32581][ID 11250]

"109. The first investigations in criminal cases are generally conducted by law enforcement officers answerable to the Ministry of the Interior. Local police officers carry out the initial groundwork, from stopping suspects following a complaint to initial questioning and other operative measures relating to the enquiry. Responsibility then passes to the supervisory staff of the detention facilities (IVS‘s) for persons held in police custody.

110. Throughout my visit, I paid particular attention to persons detained by law enforcement agencies responsible to the Interior Ministry. I received many complaints from persons detained in these detention facilities, from representatives of civil society and from lawyers. I obtained such information not only from the meetings organized during the visit but also from written communications, in accordance with the procedure laid down in Article 5 of my terms of reference. It is no secret that serious human rights problems occur at this stage. They are indeed the subject of debate inside Russian society, which is perfectly well aware of them. There is considerable discussion in a variety for a, whether in the press, on television or in political debates, about the treatment of detained persons by law enforcement officers. These concerns were also raised in the recent election campaigns. The fact that such grave problems persist is acknowledged at the highest levels of the state, including the Interior Ministry, which has launched a major educational and financial effort to secure the necessary improvements.

111. Most of those we spoke to referred to violence and ill-treatment inflicted by law enforcement officers on individual prisoners. However, there were also references to the rampant corruption in the police. The very fact that some officials are involved in violence and/or corruption casts discredit on the entire profession. This trend could pose a major threat to Russian society as a whole. lt is therefore essential to focus on the problems raised, determine their origins and do everything possible to rectify them rapidly."

Document(s): Open document

26.03.2004 - Source: Prima News

Representative for human rights shares concerns of former political prisoners on torture in Russian prisons ("Russia’s representative for human rights shares concern of former political prisoners") [#20809][ID 11251]

"In reply to a collective announcement directed to him by former Soviet prisoners concerning conditions in Russian prison camps and jails, the Russian government’s representative for human rights, Vladimir Lukin, wrote in reply he was “unsettled by the serious conditions and share your concern". On 3 March, 20 former Soviet and Russian political prisoners and dissidents sent an open letter to Vladimir Lukin, in which they called on him to immediately and publicly raise the matter of torture and murder in Russian prisons

In his answer, dated 15 March, Lukin wrote that this category of prisoners “is undoubtedly restricted in its protection of rights and demands especial attention from state organs for maintenance and protection of their rights”.

The state representative for human rights announced that information concerning torture of prisoners in St. Petersburg “is being looked at”. According to him, from 26 February to 5 March, spot checks were carried out by Lukin’s department. The collated information is being studied and analysed to enable suitable measures to be taken. [...]"

Document(s): Open document

25.02.2004 - Source: US Department of State

Prison conditions remained extremely harsh and frequently life threatening ("Country Reports on Human Rights Practices - 2003") [#19737][ID 11252]

"Prison conditions remained extremely harsh and frequently life threatening. (...)
The Government did not release statistics on the number of detainees and prisoners who were killed or died in custody, or on the number of law enforcement and prison personnel disciplined. The Moscow Center for Prison Reform (PCPR) estimated that in earlier years, 10,000 to 11,000 prisoners died annually in penitentiary facilities, 2,500 of them in SIZOs. During the year, these numbers were estimated to be somewhat lower. Most died as a result of poor sanitary conditions or lack of medical care (the leading cause of death was heart disease). The press often reported on individuals who were mistreated, injured, or killed in various SIZOs; some of the reported cases indicated habitual abuse by the same officers.

Abuse of prisoners by other prisoners continued to be a problem. Violence among inmates, including beatings and rape, was common. There were elaborate inmate-enforced caste systems in which informers, homosexuals, rapists, prison rape victims, child molesters, and others were considered to be "untouchable" and were treated very harshly, with little or no protection provided by the prison authorities.

Penal institutions frequently remained overcrowded; however, there were some improvements. Mass amnesties offered immediate relief. The authorities also took longer-term and more systemic measures to reduce the size of the prison population. These included the use of alternative sentencing in some regions and revisions of both the Criminal Code and the Criminal Procedures Code that eliminate incarceration as a penalty for a large number of less serious offenses. Many penal facilities remained in urgent need of renovation and upgrading. By law, authorities must provide inmates with adequate space, food, and medical attention; with the dramatic decrease in prison populations, they were increasingly meeting these standards.

Inmates in the prison system often suffered from inadequate medical care. In 2001, President Putin described the problem of disease in the prison system as a potential "Chernobyl." According to the GUIN, as of July 1 there were approximately 77,000 tuberculosis-infected persons and 37,000 HIV-infected persons in SIZOs and correction colonies. Public health measures, funded by international aid and by the doubling of government resources for the prison system's medical budget, have effected a limited reversal of the spread of tuberculosis but have not contained the spread of HIV. Detention facilities had tuberculosis infection rates far higher than in the population at large. The Saratov Oblast administration, concerned with the tuberculosis crisis in its facilities, fully funded the tuberculosis-related medicinal needs of prisoners, according to the PCPR. The PCPR also reported that conditions in penal facilities varied among the regions. Some regions offered assistance in the form of food, clothing, and medicine. NGOs and religious groups offered other support.

ITKs held the bulk of the nation's convicts. There were 753 ITKs. Guards reportedly disciplined prisoners severely to break down resistance. At times, guards humiliated, beat, and starved prisoners. According to the PCPR, conditions in the ITKs were better than those in the SIZOs, because the ITKs had fresh air. In the timber correctional colonies, where hardened criminals served their time, beatings, torture, and rape by guards reportedly were common. The country's "prisons"--distinct from the ITKs--were penitentiary institutions for those who repeatedly violated the rules in effect in the ITKs."

Document(s): Open document

07.11.2003 - Source: International Helsinki Federation for Human Rights

Ministry of Interior continues to oppose the adoption of a bill on public control over ("Torture and Inhuman or Degrading Treatment or Punishment") [#17377][ID 11253]

"Another draft law of importance for the prevention of torture is the bill on public control over detention facilities. A draft passed the first reading in September 2003, but it is uncertain whether it will be adopted in fall 2003. Local monitors fear that the changes to the draft bill proposed by the president’s representative in the parliament might seriously narrow the competence of public inspections. Moreover, the Ministry of Interior continues to oppose the adoption of the bill."

Document(s): Open document

07.11.2003 - Source: International Helsinki Federation for Human Rights

Numerous deaths in penitentiaries are result of unbearable prison conditions and a lack of adequate medical assistance as well as of physical injuries ("Torture and Inhuman or Degrading Treatment or Punishment") [#17377][ID 11254]

"In fact, numerous deaths in penitentiaries are reported in the Russian Federation. Many are a result of
unbearable prison conditions and a lack of adequate medical assistance. In other cases, the inmates die
in suspicious circumstances and their bodies bear sings of physical injury. In such cases, the prison
administration -- not an independent body -- is responsible for carrying out an investigation into the
cause of death, a fact which renders most investigations ineffective."

Document(s): Open document

02.10.2003 - Source: Amnesty International

Report on the law and human rights in the Russian Federation, focusing on few most vulnerable groups ( impunity under 'anti-terrorist' law, confinement of children with mental disability, abuse by riot squads, prisoners unprotected) ("Rough justice: The law and human rights in the Russian Federation") [#16435][ID 11255]

Document(s): Open document

01.07.2003 - Source: Frankfurter Rundschau

Russian police accused of serious ill-treatment by the European Council ("2003-07-01 - Frankfurter Rundschau Online") [ID 11258]

"STRASSBURG, 30. Juni (kna). Schwere Vorwürfe gegen Russland hat das Anti-Folter-Komitee des Europarates erhoben. Ein Bericht des Komitees spricht von einer beunruhigenden Zahl von Beschwerden über körperliche Misshandlungen durch die russische Polizei. Das Komitee appellierte an die russischen Behörden, ihre Polizeikräfte auf das Verbot von Misshandlungen nachdrücklich hinzuweisen. Es sei zu begrüßen, dass inzwischen neue Gesetze den Zugang der Inhaftierten zu Rechtsanwälten erleichterten, betont das Komitee. Allerdings fehle es an einer Garantie dafür, dass Häftlinge Zugang zu einem Arzt erhielten, heißt es in dem Bericht, der am Montag in Straßburg vorgestellt wurde. Der Report beklagt zudem die Haftbedingungen in vielen Gefängnissen.

Es ist das erste Mal, dass die Moskauer Regierung dem Anti-Folter-Komitee gestattet hat, einen solchen Bericht zu veröffentlichen. Seit 1998 hatte das Komitee elf Besuche in Russland gemacht, nur die Ergebnisse der Delegationsreise von Dezember 2001 sind nun öffentlich zugänglich. Die Berichte des Anti-Folter-Komitees sind grundsätzlich vertraulich und dürfen nur mit Erlaubnis der betroffenen Regierung publik gemacht werden."

Document(s): 2003-07-01 - Frankfurter Rundschau Online

04.06.2003 - Source: BBC News

10% of Russia's prison population has tuberculosis; some 37,000 inmates of Russian prisons known to be HIV positive ("Ray of hope enters Russian prisons") [#13399][ID 11259]

"Disease is rife in Russia's prisons.

The overcrowded insanitary conditions have become the spawning ground for a dangerous, drug-resistant form of tuberculosis.

Entering cells can be tantamount to receiving a death sentence.
[...]
The awful truth is that an astonishing 10% of this country's prison population has the disease.

Now HIV has begun to rival TB as a threat.

Homosexual sex is a fact of prison life. Staff in some prisons are alert to the threat and issue condoms and lubricant to the inmates but others refuse to recognise the problem.

Drug use is also widespread. A survey of Russian prisons cited by the WHO last year found that of a sample of 1,087 prisoners, 20% had injected drugs in prison and that 64% of those shared used needles.

Some 37,000 inmates of Russian prisons are known to be HIV positive."

Document(s): Open document

2003 - Source: Moscow Helsinki Group

Detailed report on the situation of prisoners in Russia (hygiene, clothing, bedding, punishment, religion, inspections) as well as thematic articles by experts ("Situation of Prisoners in Contemporary Russia") [#14693][ID 11256]

Document(s): Open document

2003 - Source: Moscow Helsinki Group

Detailed report on the situation of prisoners in Russia (hygiene, clothing, bedding, punishment, religion, inspections) ("Situation of Prisoners in Contemporary Russia") [#14693][ID 11260]

"Introduction
Recommendations
International Standards For Treatment Of Prisoners And Russian Legislation: General Outlook
Basic Principle
Register
Break Down Into Categories
Premises
Personal Hygiene
Clothing And Bedding
Food
Exercise And Sport
Medical Services
Discipline And Punishment
Instruments Of Restraint
Information To And Complaints By Prisoners
Contact With The Outside World
Books
Religion
Retention Of Prisoners' Property
Notification Of Death, Illness, Transfer Etc.
Removal Of Prisoners
Institutional Personnel
Inspections"

Document(s): Open document

11.2002 - Source: International Centre for Prison Studies

Report on history and developments of the Russian penal system ("The Russian Penal System: Past, Present and Future") [#16037][ID 11261]

Document(s): Open document

28.05.2002 - Source: Amnesty International

Amnesty International: Up to a million people held in overcrowded conditions that often constituted cruel, inhuman or degrading treatment ("Annual Report 2002: Russia") [#7227][ID 11265]

"There was no improvement in conditions in penitentiaries and pre-trial detention centres. Up to a million people were held in overcrowded conditions that often constituted cruel, inhuman or degrading treatment. An estimated five million people enter and leave the prison system annually. Medical care was generally inadequate; according to reports, 10,000 inmates die annually. Over 100,000 inmates were believed to suffer from tuberculosis, and HIV infection was also reportedly widespread. In April the Russian human rights commissioner stated in his annual report that conditions in the penal system were ''horrible'', describing pre-trial detention centres as ''hotbeds of epidemics''. He criticized the imposition of lengthy prison sentences for relatively minor offences, citing a case where a man received a four-year prison sentence for stealing two chickens. President Vladimir Putin refused to grant clemency to prisoners to help alleviate overcrowding in prisons. However, in November, the Duma approved an amnesty for child offenders and women convicted of petty crimes, which it was estimated would cover some 10,000 children and 14,000 women. The amnesty applied to those who were under 18 years of age when the offence was committed, first-time offenders, those sentenced to less than six years' imprisonment, and those who have served over half of their sentence. Pregnant women, single mothers, women prisoners with disabilities, widows and women over the age of 50 were also eligible under the amnesty provisions."

Document(s): Open document
Open document

15.10.2001 - Source: UN Committee Against Torture

UN Committee against Torture: Widespread torture and other cruel, inhuman or degrading treatment or punishment of detainees committed by law enforcement personnel ("Consideration of Reports submitted by States Parties under Article 19 of the Convention; Third periodic reports of States parties due in 1996; Addendum; Russian Federation [CAT/C/34/Add.15]") [#37537][ID 11262]

"3. The Committee notes the following positive developments:
(d) Measures introduced to improve conditions of detention in prisons and to reduce overcrowding;



5. The Committee is deeply concerned over the following:

(a) Numerous and consistent allegations of widespread torture and other cruel, inhuman or degrading treatment or punishment of detainees committed by law enforcement personnel, commonly with a view to obtaining confessions;
[...]
(c) A persistent pattern of impunity for torture and other ill-treatment benefiting both civil and military officials, a lack of reported decisions by judges to dismiss or return a case for further investigation citing the use of torture to obtain a confession, and the very small number of persons convicted of violations of the Convention.
[...]
(e) The explanation by the State party that, despite numerous allegations of violence against women in custody, no formal complaint has been received on this issue. Despite the State party's efforts to release prisoners and reduce their number in general, the population of women in custody has doubled in the past decade."

Document(s): State report
Concluding observations of 6 June 2002 [CAT/C/CR/28/4]