On Thursday the state Duma Committee for security and combating corruption, headed by Irina Spring, will consider a government bill that would tighten rules on the use of force and special means to prisoners. The Committee intends to recommend it for adoption in first reading, said a Committee member Ilya Kostunov.
The amendments made by the government in may, increasing the number of grounds for the application of violence and special means to prisoners twice. Use them are allowed to suppress any violations of the detention regime, blocking of movement of groups of prisoners, as well as “any other illegal activities that disrupt the operation” of the correctional institution or detention facility.
The Duma lawyers against
The bill has been already criticized by the legal Department of the state Duma. The uncertainty of the rules establishing the grounds for the use of force and special equipment may lead to arbitrary application of such measures only in compliance with the formal conditions that justify their use, warning in its opinion on the draft of the Duma lawyers.
Formally, under such basis, as the violation of the content, shall mean any violation of the relevant provisions of the Criminal Executive code of the Russian Federation, the law on detention of suspects and accused of committing crimes, of the internal regulations of correctional institutions, the internal regulations in detention facilities, said in the conclusion.
The amendments provide for the possibility of application of means of restraint to a prisoner if he can put up armed resistance to including with items and substances that can harm the health of the jailer. Items such as knives, blades, axes, lighters, and so convicts are prohibited from having, so the fact of their presence is a violation and does not require a prison officer to evaluate the possibility of armed resistance, noted the Duma pravovymi. In addition, they indicate that the project has no criteria to determine which prisoners can provide this resistance.
The amendments of the government also stipulates that the superintendent is not responsible for damage caused by special means or weapon used “on the grounds and in the manner established by this law.” In the article governing the use of firearms, introduces a new item — personal security guarantees of an armed officer. It says that when you try convict detained the employee of criminal Executive system with uncovered firearms, to approach him, reducing his preferred distance, or touch his weapon, the employee has the right to use firearms.
Promised to reform
A government bill has been criticized by human rights activists. The amendments will legalize any violence against prisoners, explained previously founder of the social network for prisoners Gulagu.net Vladimir Osechkin. “If the amendments are accepted, the warden will have the right to use force and lethal weapons not only in case of a threat of escape or attack, but also for any breach of the internal regulations. Literally what the man did not greet with the warden, it will be legal to strike with a truncheon,” said the defender.
In June, the bill was discussed by the presidential Council on human rights. During the discussion, human rights activists said that the amendments were developed with representatives of the Ministry of justice in February, but the Duma was eventually introduced an entirely different text, not the one that was agreed with members of the presidential Council.
According to the results of the June meeting, representatives of the state Duma and the FSIN have agreed to listen to the comments and to soften the text of the amendments. On Monday the first Deputy head of the Federal penitentiary service Anatoly Rudyi said that the Ministry is preparing changes to the bill that they will provide to the Duma during the consideration of amendments. The document can be significantly modified to the second reading, on Wednesday confirmed a member of the security Committee of the United Russia Ilya Kostunov.