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- Rights at home: those convicted of extremism will be banned from being transferred closer to their families
Rights at home: those convicted of extremism will be banned from being transferred closer to their families
For those convicted of adhering to the ideology of extremism and for foreign citizens and stateless persons, the possibility of transfer to serve their sentences in the regions where their relatives live will be excluded. The initiative was approved by the government, Izvestia found out. Currently, such a right is provided for once for the entire term upon a written request from prisoners or their relatives. The exceptions are those convicted of terrorism and for a number of articles that are particularly dangerous to society, such as sabotage, treason, and others. Translation restrictions are designed to minimize ideological influence in places of detention, lawyers believe. However, the lack of communication between prisoners and relatives may affect the increase in the number of recidivism in the future, human rights activists fear.
What is proposed to be changed
Those convicted of extremism, as well as foreign citizens and stateless persons, will be prohibited from being transferred to colonies near the place of residence of their relatives. Such amendments to the Penal Enforcement Code (CEC), developed by the Ministry of Justice, were approved on June 2 by the government commission on legislative activity (the document is available to Izvestia). This was reported by sources in the Cabinet.
Amendments may be made to articles concerning the serving of the entire sentence by convicts in one correctional institution (Article 81 of the Criminal Code of the Russian Federation) and places of imprisonment (Article 73 of the Criminal Code of the Russian Federation).
The bill proposes to send those convicted of extremism, as well as foreign citizens and stateless persons, to correctional institutions designated by the federal body of the penal enforcement system, said Vladimir Gruzdev, Chairman of the Board of the Association of Lawyers of Russia (AYUR).
— At the moment, convicts can transfer to another correctional institution located in the subject of the Russian Federation, where their close relatives live. To do this, you need a written statement from the perpetrator himself or one of his relatives. The bill cancels this benefit for certain categories of prisoners," explained the chairman of the AYR.
In addition, special cases were mentioned in the bill, Vladimir Gruzdev emphasized.
— Article 81 of the Criminal Code of the Russian Federation has been proposed in a new version. Transfer from one correctional institution to another will be carried out in case of illness or to ensure the safety of the convicted person. For extremists and terrorists, as well as for foreigners and stateless persons, transfer for further punishment is allowed by decision of the federal body of the penal enforcement system," he said.
Translation of a foreign language
Since 2021, against the background of a decrease in the total number of convicts serving sentences in the form of imprisonment, the number of foreign citizens in institutions of the penal correction system has increased by 876 people, according to the explanatory note to the document. As of July 1, 2024, 32.1 thousand foreign and stateless persons were held in penal institutions.
Only 5,700 of them had documents confirming the right to stay in Russia. In some high-security institutions designed to serve sentences for those sentenced to imprisonment for the first time, the number of people from Central Asian countries reaches 48% of the total number of convicts, the explanatory note says.
"One of the reasons contributing to the concentration of convicted foreign citizens in one correctional institution is the opportunity given to them to exercise the right to transfer from one correctional institution to another, located closer to the place of residence of relatives," the authors of the initiative believe.
Such convicts often have a wide range of criminal connections and negatively affect others serving their sentences, the authors of the initiative emphasize.
"Being carriers of extremist and terrorist ideologies, this category of persons creates a risk of complicating the operational situation in correctional institutions and reducing the effectiveness of the correctional and educational process conducted in them," the note says.
In 2023 and for seven months in 2024, 305 foreigners were transferred closer to the place of residence of relatives of the convicts. Most often, they indicate as circumstances for transfer "the inability to maintain socially useful connections while serving a sentence due to the difficult financial situation of relatives and their state of health."
At the same time, 14 convicts were transferred by court order after appealing the decisions of the Federal Penitentiary Service on refusal of transfer.
"When making decisions, the courts satisfy the requests of administrative plaintiffs to transfer convicted persons, including those serving sentences for crimes of a terrorist nature and extremist orientation, to correctional institutions of other territorial bodies at the place of residence of their relatives," the note says.
How will this affect the prisoners
The lawyers interviewed by Izvestia noted that measures restricting the transfer of prisoners to colonies located in the region where their relatives live will tighten the rules for serving their sentences.
Currently, the convicted persons, with the exception of crimes specified in the law, such as terrorism, sabotage, kidnapping and a number of others, are serving their sentences in correctional institutions in the territory of the subject of the Russian Federation where they lived or were convicted, said Fyodor Trusov, lawyer, managing partner of Sokolov, Trusov and Partners law Firm.
"The key point is that persons convicted under Article 282 of the Criminal Code of the Russian Federation (incitement to hatred or hostility, humiliation of human dignity — extremism), in the current version of the Criminal Code of the Russian Federation, do not belong to this exceptional category and, thus, can claim to serve their sentences at their place of residence," he noted.
To make the transfer, a prisoner must submit an application to the institution where he is serving his sentence, as well as to the regional department of the Federal Penitentiary Service, added Arina Rusakevich, a lawyer at the ALX Partners Bar Association.
— The decision to transfer a convicted person is made by the territorial body of the penitentiary on the basis of a reasoned conclusion. But with regard to persons convicted of crimes against public safety and the security of the state, if there is information about their commitment to the ideology of terrorism, a decision is made by the Main Operational Directorate of the Federal Penitentiary Service of Russia," she stressed.
The refusal to transfer, according to her, may be due to the lack of available places in the desired region or to the non-compliance of the conditions of detention in the new institution with the requirements of security and order. The transfer conditions also require a conscientious attitude to work, correction, and the absence of disciplinary penalties from the convicted person.
"In accordance with the draft law under discussion, information about a convicted person, such as adherence to the ideology of extremism, as well as the status of a foreigner or stateless person, will become an additional reason for refusing to transfer a convicted person to another institution," she believes.
The bill corresponds to the logic of ensuring state security, says Alexey Gavrishev, managing partner of AVG Legal law firm.
"Such measures are aimed at minimizing the risks of ideological influence in places of detention and monitoring the activities of convicts who potentially pose a threat to public order," he believes.
It is important that when new restrictions are introduced, no arbitrary interpretation of the norms on the ground is allowed, the expert stressed.
— The grounds for refusal of transfer must be clearly stated, reasoned and verifiable. In an environment where security issues are becoming a priority, it is necessary to simultaneously ensure legal certainty and justice for each individual convict," Alexey Gavrishev added.
At the same time, the issue of the re-socialization of prisoners continues to be quite acute, recalled Ivan Melnikov, Vice-president of the Russian division of the International Committee for the Protection of Human Rights.
— If a prisoner stops communicating with relatives and stays in a completely different region, then when he gets out, the probability that he will commit a crime again is several times higher. Relatives, on the contrary, can persuade a person to abandon criminal views," the human rights activist said.
It is necessary to improve independent public control, increase prosecutorial supervision and responsibility for non-compliance with the representations of the prosecutor's office in the colonies, he stressed.
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