Observatory commissions are being formed in Russia

To the leaders of Russian public organisations
On the formation of supervisory commissions
From 1 September 2008, the federal law on public oversight over the observance of human rights in places of pre-trial detention (Federal Law of 10 June 2008 No. 76-FZ) came into force. In accordance with this Law, public oversight is carried out by public supervisory commissions formed in each subject of the Russian Federation.
Human rights organisations in Russia have lobbied for the adoption of this law for more than 10 years. But the content of the adopted law caused disappointment and questions for many.
Nevertheless, a positive aspect is the provision of the Law, according to which only a public association whose charter objective or direction of activity is the protection or promotion of the protection of human and civil rights and freedoms is endowed with the right to nominate candidates for the supervisory commission.
Precisely for this reason, at this stage, one of the most important tasks is the formation of the first composition of supervisory commissions in all subjects of the Russian Federation. And it depends only on us whether these commissions will be functional and effective. But for this, it is necessary to make every effort so that all competent public figures who can and want to work in them permanently on a voluntary basis, and who, moreover, “qualify” according to the requirements of the law, join these commissions.
I would like to believe that this mechanism of public oversight opens up new opportunities for public participation in the sphere of criminal and administrative punishment, which traditionally causes concern in society. We are convinced that the problems of closed institutions are not only the protection of the rights of persons forcibly held in them, but also socio-economic issues, including those related to resocialisation, creating conditions for “returning prisoners to society.” And one of the main tasks is to introduce into the executive system a priority in creating the conditions for this. It is the supervisory commissions that can become conduits for public interests in this matter.
Such a task can be solved only by combining the efforts of representatives of the most diverse public organisations: human rights, social, youth, volunteer, etc.
The procedure for nominating candidates for membership in regional supervisory commissions started on 10 September 2008 after the publication of the relevant notification in the *Rossiyskaya Gazeta*; it will last 60 days, i.e., until 8 November. According to Art. 10 of the Federal Law, applications from public associations to nominate candidates to the supervisory commission are sent to the secretary of the Civic Chamber of the Russian Federation.
The requirements for NGOs nominating candidates, as well as for the candidates themselves, are quite strict. You can familiarise yourself with them in the text of the Law and the Recommendations of the Civic Chamber approved by its Council on 13 August 2008, which are attached to this appeal.
It is quite possible that not all regions have a sufficient number of regional public associations that meet the requirements, from which it is possible to nominate the number of candidates required to form supervisory commissions (not more than 2 candidates can be nominated from one organisation, and they do not have to be members of their organisation). In such cases, initiatives to nominate candidates can be supported by interregional and all-Russian associations.
We believe that in order to achieve the best result in the work of forming the composition of the supervisory commission in a region, coordination of the process of nominating candidates from NGOs is necessary.
In this regard, one of the possible forms of joint action in a region could be the organisation and conduct by you in September 2008 of working meetings with the invitation of representatives of both organisations that can nominate candidates and people who could participate in public oversight.
For our part, we are ready to support your initiatives and provide assistance in organising the nomination of candidates to the supervisory commissions.
We would be grateful if you could provide us with information about your actions.
Attachments:
1. Federal Law of 10 June 2008 No. 76-FZ.
2. Recommendations of the Civic Chamber of the Russian Federation.
3. Notification of the secretary of the Civic Chamber of the Russian Federation.
Sincerely,
Executive Director of the Moscow Helsinki Group
Nina Tagankina