Alexander Reimer: All is Well, My Dear Marquise…

The Director of the Federal Penitentiary Service of Russia, Alexander Reimer, answered questions from readers of the Russian Gazette, received during a "Business Breakfast". At what cost is a detainee held per day? Where and to whom can one complain about local heads of the penitentiary service? Who is responsible for the loss of a convicted person's passport? The answers (with minor omissions) follow below.

The Price of Unfreedom
Question: What is the cost to the state (taxpayers) of holding suspects, accused persons and convicted persons in temporary detention facilities, remand centres and "zones" per day?

Answer: Approximately 838 thousand persons are held in the institutions of the criminal executive system of Russia. The cost of maintenance per year for a convicted person is 32,000 roubles, or approximately 90 roubles per day. It should be taken into account that the convicted persons themselves work – on subsidiary farms, in carpentry and sewing workshops, in bakeries, manufacture building materials. The results of this labour go primarily towards ensuring the functioning of the institutions.

Question: By what regulatory legal acts are the norms for nutrition and medical care of prisoners established?

Answer: By Order of the Ministry of Justice of the Russian Federation dated 2 August 2005 No. 125 "On the Approval of Nutrition Norms and Material and Household Provision for Persons Sentenced to Deprivation of Liberty, as well as Suspects and Accused Persons in the Remand Centres of the Federal Penitentiary Service of Russia, in Peacetime". And by Order of the Ministry of Health and Social Development of the Russian Federation No. 640 and the Ministry of Justice of the Russian Federation No. 190 dated 17 October 2005 "On the Procedure for Organising Medical Assistance to Persons Serving Sentences in Places of Deprivation of Liberty and Those Detained in Custody".

Question: Do you verify the existence of Rules of Internal Procedure in institutions and their compliance with current legislation?

Answer: By Order of the Federal Penitentiary Service of Russia dated 23.05.2006 No. 250, the Rules of Internal Procedure of the Federal Penitentiary Service were approved, in accordance with which the Director of the Federal Penitentiary Service of Russia exercises control over their implementation.

Passports Do Not Burn
Question: Is it possible to change the type of punishment to house arrest or release on bail?

Answer: In accordance with Part 1 of Article 80 of the Criminal Code of the Russian Federation (hereinafter – the Code), the court, taking into account the behaviour of a person serving a sentence of deprivation of liberty during the period of serving their punishment, may replace the remaining unserved part of the punishment with a more lenient type of punishment. By virtue of Part 3 of Article 80 of the Code, when replacing the unserved part of a sentence, the court may choose any more lenient type of punishment. Questions concerning the replacement of the unserved part of a sentence with a more lenient type of punishment are resolved by the court at the place where the convicted person is serving their sentence (Part 3 of Article 396 of the Penal Code of the Russian Federation).

Question: Who is responsible for the loss of a convicted person's passport?

Answer: The passport and other personal documents of convicted persons are stored in their personal files. The maintenance of personal files on convicted persons is entrusted to workers of the special department, who bear personal responsibility for this. At the same time, if a passport is absent from a convicted person's personal file, or if the passport's validity period has expired, the administration of the correctional institution takes measures in advance to obtain a replacement. If a new passport needs to be obtained, the costs associated with its issuance are deducted from the funds in the convicted person's account. If a convicted person has no funds in their account, the costs associated with issuing a new passport are paid from state funds.

Question: Should we expect an expansion of the list of criminal law measures and court restrictions on convicted persons in 2011?

Answer: In accordance with the Message of the President of the Russian Federation to the Federal Assembly in 2009, the Federal Penitentiary Service of Russia has developed a draft federal law "On Amendments to the Legislative Acts of the Russian Federation Relating to Punishment in the Form of Compulsory Labour". The bill was prepared for the purpose of improving the system of criminal punishments by expanding the list of alternatives to deprivation of liberty. It proposes to introduce a new independent type of punishment – compulsory labour, which consists of the mandatory requirement for a convicted person to work in places determined by institutions and bodies of the penal system, with the convicted person held under supervision in a special institution that executes the punishment without isolation from society – a correctional centre. The implementation of the proposals contained in the bill should lead to a reduction in the number of persons held in places of deprivation of liberty. Accordingly, budget expenditures on the maintenance of convicted persons will be reduced, which will allow the savings to be used to finance the organisation of places for serving compulsory labour.

Question: What amendments or changes to the Criminal Code and the Criminal Procedure Code of the Russian Federation are expected this year, and in general, what should we expect?

Answer: Currently, draft federal laws have been submitted to the State Duma for consideration: 1) "On Amendments to Article 72 of the Criminal Code of the Russian Federation". The bill provides for the establishment of increasing coefficients when calculating the time spent in custody before the sentence becomes final towards the period of deprivation of liberty. 2) "On Amendments to Article 399 of the Criminal Procedure Code of the Russian Federation", which was adopted by the State Duma in first reading on 14.04.2010. The bill provides for the establishment of legal grounds for using video conferencing between court premises and correctional institutions when the court resolves issues related to the execution of a sentence. These are not our only proposals. There are quite a few of them, and work is being conducted systematically on each one.

Question: How do you comment on decisions banning the use of office equipment (camera, laptop, dictaphone) in detention centres and temporary detention facilities?

Answer: A draft federal law was submitted to the State Duma for consideration "On Amendments to Articles 16 and 18 of the Federal Law 'On the Detention of Suspects and Accused Persons in the Commission of Crimes'". The bill provides for the inclusion in Article 18 of the Federal Law of provisions establishing a prohibition for lawyers (defence counsel) from bringing into places of detention and using during visits technical means of communication, computers, film, photographic, audio, video and duplicating equipment (previously established in a departmental regulatory legal act). The Federal Law was adopted by the State Duma in third reading. But it was rejected by the Federation Council with the establishment of a conciliation commission. Currently, the Federal Penitentiary Service of Russia has submitted remarks and proposals to the Federal Penitentiary Service of Russia to amendments to the Federal Law developed by the said conciliation commission.

Question: My name is Katerina, I am the wife of a convicted person. Please tell me, which regions' prisons will be affected first by the new initiatives? I would like more specific information about Ryazan region. I am more particularly interested in reform in the Federal Correctional Institution No. 3 (for former law enforcement officers).

Answer: It is not entirely clear what new initiatives you are referring to. If we are talking about the conditions of detention of convicted persons, then in general they are the same for all institutions, with differences in regime. As for a specific colony, will it be repurposed? It would be better to contact the head of that institution directly. Or come to see the leadership of the Federal Penitentiary Service for Ryazan region.

The Discipline and Disorder Section
Question: Why does correctional colony No. 18 still have a discipline and order section, low medical care, and for any minor matter (a poorly made bed, etc.), for not greeting anyone from the administration, are convicted persons placed in a punishment cell for 15 days? I wrote a complaint to the prosecutor's office of Chelyabinsk region, to the Prosecutor General's Office about violations in the colony. As a result, my brother was transferred to strict conditions of detention. In our colony there are no strict conditions of detention for first-time offenders. My brother is being sent to Kopeysk or somewhere with strict conditions. Why are they taking out their anger on my brother because of my complaint?

Answer: The brother of this woman was convicted in 2003 by the Chelyabinsk regional court on a combined charge under Part 3 of Article 162 (robbery), Part 2 of Article 166 (unauthorised appropriation of an automobile) and Part 2 of Article 105 (murder) of the Criminal Code of the Russian Federation to 13.5 years of deprivation of liberty to be served in a strict regime correctional colony. During the serving of his sentence, the convicted person committed 7 violations of the established procedure for serving the punishment, for which disciplinary measures were applied to him, including 4 times he was placed in a punishment cell. In accordance with Part 3 of Article 122 of the Penal Code of the Russian Federation, by an order of the head of Correctional Colony No. 18 in August of this year, he was transferred to strict conditions of serving the punishment. The disciplinary measures applied to the convicted person were justified, in accordance with the requirements of the Penal Code of the Russian Federation, taking into account the personality of the convicted person, his previous behaviour and correspond to the severity of the violations committed by him. In accordance with the requirements of Order of the Ministry of Justice of Russia of 31.12.2009 No. 441-dsp, discipline and order sections have been abolished in correctional institutions. At present, only Councils of collectives of convicted persons function. No cases of their performing command, administrative and control functions with respect to other convicted persons have been established.

Question: Why does the remand centre in Omsk have some kind of military regime with perfectly made beds and a complete prohibition against sitting on them, not to mention sleeping? Does this not breed retaliatory aggression? People are already punished by the very fact of deprivation of liberty. And in addition: Are you aware of what SI-3 under the auspices of the Federal Penitentiary Service for Omsk region is? This is about legalised gestapo, where those detained are not allowed to have televisions in cells, spoons and toothpaste in tubes, and detainees (people whose guilt has yet to be proven) are forced to get up at 5 in the morning and sing the anthem! I consider this outright abuse of power!

Answer: When checking the information provided in the appeal, it was established that the person with the surname under which he signed the question is not held in the institution. In the remand centre, all suspects and accused persons are provided with dishes and utensils, including spoons. Toothpaste is included in the list of items of first necessity, footwear, clothing and other industrial goods which suspects and accused persons may have with them, store, receive in parcels and transfers and purchase through non-cash settlement; therefore, its storage and use is not prohibited. In accordance with Article 23 of the Federal Law of 15.07.1995 No. 103-FZ "On the Detention of Suspects and Accused Persons in the Commission of Crimes", the administration of the remand centre, when the possibility exists, provides cells with televisions, which are intended for general use. At the same time, in accordance with Appendix No. 2 to the Rules of Internal Procedure of Remand Centres of the Criminal Executive System, approved by Order of the Ministry of Justice of Russia of 14.10.2005 No. 189, a television is not included in the list of items of first necessity which suspects and accused persons may have with them, store, receive in parcels and transfers and purchase through non-cash settlement. Taking the above into account, the receipt and transfer of a television to a specific person detained in a remand centre is not provided for by the legislation. In accordance with Article 17, all suspects, accused persons and convicted persons are provided with eight hours of continuous sleep at night. According to the schedule of the day approved by the head of the remand centre, the time for sleep for suspects and accused persons is set from 21:00 to 05:00 hours. Information about requirements by the remand centre administration for persons held in custody to perform the State Anthem does not correspond to reality. The making of beds by suspects and accused persons is carried out. At the same time, they are not prohibited from sitting or lying on their beds. The administration of the remand centre has not violated the requirements of the legislation of the Russian Federation. Acknowledgement: Acknowledgement to Correctional Colony No. 4 of Ivanovo region. My husband is in this colony. Many thanks to the administration. I can see that my husband is being reformed, good conditions of detention have been created, everything is being done for the convicted persons and their relatives during visits.