A working group under the state Duma Committee on security for the preparation of a bill on the use of force and special means to prisoners has done to develop amendments for the second reading of the document. This was reported by a member of the presidential Council on human rights (human rights Council Andrei Babushkin took part in the preparation of the amendments. The working group also includes Deputy Chairman of the Duma security Committee Alexander Khinshtein, representatives of the Ministry of interior, Ministry of justice, the Federal service of execution of punishments (FSIN) and the office of the Commissioner for human rights and State-legal Directorate of the President (GPU).
Mode is not dangerous
The bill introduced by the government and adopted in October 2015 in the first reading, has doubled the number of grounds for the application of physical force, special means and weapons by convicts or prisoners. Under current law, to use force only in self-defense or to prevent gross violations of the regime. The amendments also allowed to use force against prisoners to prevent any violations of the detention regime, blocking of movement of groups of prisoners, and “other illegal acts disruptive activities” correctional institution or detention facility. For an extensive list of grounds for use of force by prison officers, human rights activists have dubbed the document “the law of sadists”.
The second reading of the members of the working group was excluded from the bill’s most controversial provision — the right to use force to prevent violations condemned the detention regime, follows from the amendments that is available . Against this point was made by holding then a post of Commissioner for human rights Ella Pamfilova. “The use of force and special equipment not only for violation of the regime, but also to prevent similar violations creates the conditions for arbitrary violence against prisoners,” — said Pamfilova, stating that it could lead to arbitrariness on the part of prison staff. “Not greeted by staff, did exercises on the exercises of the convicted person can be beat,” explained the Ombudsman in June 2015. The uncertainty of such ground as halting the violations of the regime, and pointed out the legal Department of the state Duma in its response to the bill.
In prepared by the working group the wording of the bill as a whole has been supplemented and updated cases when can be applied physical force and special means. Under the proposed amendments, the use of force should be filmed. In addition, after the use of force by prison staff should immediately notify the Prosecutor if someone died as a result of force or bodily injury. If incidents of violence occur under escort, staff should also immediately inform his superiors on the phone.
Members of the working group clarified the use of water cannons. In the government bill stated that the water cannon cannot be used at temperatures below 0°C. second reading of the threshold was raised to 5°C. a New version of the bill will give prison staff the right not to execute obviously illegal orders and instructions of the head of the division, being part of a unit. In the former option is not specified. Also fixed the document allows the use of force, special means and weapons to the employees of criminal-Executive inspections.
Not to hurry with the law
Since the adoption of the bill in the first reading it has undergone major changes, says Khinshtein. “We in the working group of the security Committee with the participation of all stakeholders reworked and detailed document and has taken into account the comments of human rights defenders,” — said the Deputy. Their conclusions to the second and third readings already prepared and the parliamentary lawyers (published in the parliamentary basis). There are no comments.
The members of the HRC to insist on the adoption of the bill before the end of the spring session of the state Duma and the completion of her current term. The Chairman of the HRC Mikhail Fedotov even sent a letter to Khinshtein with a request to consider the bill in the second and third readings in the near future, Fedotov told himself. “I wrote a letter about a week ago. The so-called law of sadists was seriously reworked, in our opinion, the document is ready for consideration”, — said the Chairman of the HRC.
Despite the willingness of the bill, State legal Directorate of the President (GPU) doesn’t want to take it in a hurry before the end of the session, to avoid scandal, said the source in the working group. According to him, given that the document dubbed “the law of sadists”, for its accelerated adoption will not allow you to offset this image. Grandmother also argues that against the speedy consideration of the bill in favor of the GPU. “The head of the Department Larissa Brycheva said that the rush with this bill is not necessary. We believe that the bill is ready”, — said grandma. Employee of the GPU refused to comment.
At the next meeting of the Committee on security, which will be held June 20, the bill will not be considered in the agenda it is not necessary, said a source in the Committee. The upcoming meeting is the last one in this session.
The grandmother implies that the advice to wait with the adoption of the bill associated with the termination of the current convocation of the state Duma. The election of the new Duma will mean the nullification of the agreement of the deputies of the outgoing legislature and human rights defenders, sure grandma. Because of this, the new state Duma can approve the bill in its original form, the fear of the defender. The refusal to consider the bill in the near future, plays into the hands of security forces, who now were forced to make concessions to human rights defenders, says grandma.
The reason for power
The reason for the use of physical force or special means should be the suppression of crimes and administrative offences, disobedience or resistance to legal requirements of the employee of FSIN, the detention of a convict or prisoner. In these cases, you can apply special means and gas means, a stick, handcuffs, electricity and svatoshitsy, service dogs, water cannons, armored vehicles, etc. If the above is not available, the employee FSIN can use the means at hand. The bill gives the right to use lethal weapons to prevent mass riots in places of detention, a group of disorders that disrupt activities of the institution, escape attempts in the escort, to release the hostages, captured prisoners, detention of escaped prisoners.
Firearms jailers can use to prevent the possession of weapons or transport, armed resistance or attack, to protect life, liberation of hostages, etc to be with a weapon in inland areas of prisons and detention centers, limited line of protection employees is prohibited.
You cannot use special means and weapons against pregnant women, the disabled and minors, except for cases when they offer armed resistance, participating in mass riots, etc. with a Special stick can not be beat on the head, neck, stomach, feet, genitals, clavicular region and the projection area of the heart. The same applies to stun guns.