Control concern: prisoners will be handcuffed more often
The use of handcuffs and other special equipment will be simplified for employees of the penal correction system if they suspect any illegal actions on the part of escorts or prisoners. This was approved by the Cabinet of Ministers. The innovations were also supported by the Public Monitoring Commission, indicating that the changes would help improve discipline. But experts are convinced that the extension of powers is fraught with abuse on the part of the guards. How the amendments will work is in the Izvestia article.
Suspicious persons
It is planned to facilitate and expand the use of special means (for example, handcuffs) for employees of the penal correction system in case of suspected illegal actions on the part of prisoners and escorts. First of all, we are talking about particularly dangerous criminals. Such a bill by the Ministry of Justice was approved by the government commission on legislative activity on Monday, October 6. This was reported to Izvestia by sources in the Cabinet of Ministers.
The amendments should improve the safety of prison staff: they define their powers and unify the practice of using special equipment, clarifying the escort procedure, explained Igor Cherepanov, Deputy Chairman of the Board of the Russian Bar Association.
"The bill expands the grounds for the use of special means, allowing their use both personally and as part of a group," he said. — In particular, this applies to escorting in and out of special transport, guarding or escorting convicts and persons in custody, as well as supervising them if their behavior gives reason to believe that they intend to escape or harm others or themselves.
In this case, special means mean a wide range: from sticks and electric shocks to dogs and water cannons.
— Special means can be used when escorting especially dangerous contingents, — the expert reminded.
Such categories include, in particular, those sentenced to life imprisonment, persons to whom the death penalty has been commuted to life imprisonment, as well as those convicted of particularly socially dangerous crimes, such as terrorism, when they are moved outside cells or on the territory of institutions for meetings with the administration.
Alexey Gavrishev, lawyer and managing partner of AVG Legal, believes that the reason for "suspicion of an escape attempt or an attack" may most likely be some kind of acceleration of the step, sudden movements, or if the escorted person looks around unnecessarily, the expert believes.
—But local excesses and abuse, of course, cannot be ruled out," he believes.
The measures proposed by the Ministry of Justice are justified, Alexey Melnikov, a representative of the Public Monitoring Commission and a member of the Presidential Council for the Development of Civil Society and Human Rights, told Izvestia.
"You can imagine a situation where there are not enough staff in the colony and one of them leads 20 people, everyone just has their hands behind their backs, and who knows what the person in front is thinking and plotting," he said. — If illegal use of these tools is recorded, and especially if there are injuries, the prosecutor's office and human rights defenders will respond quickly.
According to the expert, problems with law enforcement may arise at the first stages, but they are unlikely to become systemic.
— This measure will minimize the number of escapes or illegal actions on the part of employees, — Alexey Melnikov added. — And if force was used against a person, no one can forbid him to contact the prosecutor's office or his lawyer. In addition, each employee has a DVR, as well as a video surveillance system inside the colony.
What are the consequences of the amendments
In general, the amendments of the Ministry of Justice are formally aimed not at tightening, but at streamlining the use of force in the penal system, Alexey Gavrishev noted.
— Now the rules are really prescribed too generally, which is why the FSIN officers act according to internal instructions, and not according to the law, — he said. — The new project details when and under what circumstances handcuffs, batons or restraints can be used — during escape, assault, threat to life, resistance. From this point of view, this is a step towards civilized regulation, where both employees and convicts know the limits of what is acceptable.
The bill provides for a significant expansion of the powers of employees of the penal enforcement system, explained Sofya Lukinova, head of the Legal Department of VMT Consult.
"Firstly, it is allowed to use special means according to a simplified procedure, including without mandatory reporting to management about such situations," she said. — At the same time, the procedure for escorting is prescribed, during which special means are allowed. In some cases, this is necessary, since convicts are capable of impulsive, unpredictable actions in conditions when it is more than possible to escape and harm other citizens.
Alexey Gavrishev drew attention to the fact that the amendments introduce a ban on the use of handcuffs against women outside of emergency situations, which, according to him, is a positive restriction.
— But at the same time, the project also carries the opposite risk. The wider the list of situations where special means are allowed and the fewer the mandatory procedures for recording, the higher the chance that in practice some cases simply will not fall under the prosecutor's control," barks Alexey Gavrishev. — Therefore, the effect will depend not on the text of the law, but on how strictly the agency ensures transparency of its implementation.
The idea of the reform, as the expert noted, is to create clear rules and eliminate arbitrariness.
"But if control weakens, the opposite may happen — more formal legality, but less real supervision," he said.
Despite the expansion of powers, which will ensure prompt response in difficult situations, the authors of the bill recall responsibility for abuse of authority and non-observance of prisoners' rights. So, it assumes a thorough investigation of such incidents, the experts added.
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