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- Visits to the pre-trial detention center under the new rules: what will change for suspects and their relatives
Visits to the pre-trial detention center under the new rules: what will change for suspects and their relatives
The State Duma adopted in the first reading a bill that establishes the procedure for providing visits to suspects and accused persons in pre-trial detention facilities. The document should eliminate the legal uncertainty that has caused relatives of prisoners to seek meeting permits for months. For more information about why the changes were needed and whether they can really facilitate access to dating, see the Izvestia article.
Why was it necessary to change the law
Currently, the right to visits for those held in pre-trial detention is already provided for by law: a suspect or accused is allowed no more than two meetings per month lasting up to three hours. Permission for them is issued by the body in charge of the criminal case, usually the investigator.
However, the procedure for exercising this right is still not directly prescribed in the law. As a result, the procedure for reviewing applications for a visit develops differently depending on the region and the specific investigative body. This leads to complaints from prisoners and their relatives, as well as delays in decision-making.
The draft law adopted in the first reading proposes to fix that such petitions should be considered according to the rules of the Code of Criminal Procedure (CPC). In case of consent, the investigator will be obliged to make a written decision on granting a visit, and refusal will be possible only if there are circumstances related to the protection of the rights of others or the interests of justice. It is assumed that the formalization of the procedure will allow faster appeal of the refusal and reduce arbitrariness in decision-making.
What problems do relatives face today?
According to Andrey Nekrasov, lawyer, Candidate of Law, managing partner of the Nekrasov, Rudomanov and Partners board, in practice, agreeing on dates often turns into a lengthy and opaque process.
— When applying for permission to visit a pre-trial detention center, the suspect and his relatives regularly face arbitrary refusals that are not justified by any specifics, if they receive such refusals in principle. The investigator may not give this refusal for months, send it by mail, despite direct contact with relatives by phone," he noted.
Lawyers also point out that the lack of a clear procedure deprives relatives of the opportunity to promptly defend their rights. An appeal against an investigator's inaction is often delayed, and during this time a person may not see their loved ones for months.
What exactly does the bill propose?
According to the initiative, applications for a visit will have to be considered in accordance with the procedure established by the CPC. This means the appearance of formalized deadlines and the obligation of investigative authorities to motivate their decisions in writing.
Refusal of a meeting, as follows from the text of the document, is permissible only in the presence of specific circumstances related to the need to protect the rights of others or the interests of justice.
The authors of the bill also point out that consideration of such petitions according to procedural rules will allow faster verification of the legality of refusals in court. This, according to their idea, should discipline the investigative authorities and reduce the number of conflict situations.
Will the new standards help in practice?
Andrey Nekrasov believes that much will depend on exactly what terms of consideration of petitions will eventually be fixed in law enforcement practice.
— In any case, the term itself is regulated, but if it is long — from three calendar days, for example — then there will be no practical benefit from such innovations, because detention is set for a month or two and extended for the same period. That is, it will not be possible to have time to go on a date if the investigator considers every request for it for half a month or a month," the lawyer explained.
According to him, without a strict time frame, there is a risk that the formal consolidation of the procedure will not lead to a real improvement in the situation of suspects and their families. Lawyers expect that amendments may be proposed by the second reading of the bill to clarify the deadlines for consideration of petitions.
What does this mean for the families of the suspects
If the initiative is finally accepted, the relatives will be able to count on a more transparent application procedure and receive a reasoned response in writing. This will facilitate further appeals against refusals and enable a faster response to violations.
In addition, formalizing the rules can reduce the number of situations where requests for a date actually "hang" without a response. For people in pre-trial detention, regular contact with loved ones plays an important role in their psychological state, and for families it remains one of the few ways to keep in touch.
Experts emphasize that final conclusions about the impact of the reform can be drawn only after the adoption of the law and the appearance of the practice of its application. In the meantime, lawyers are closely monitoring the revision of the document for the second reading, since it is the details of the procedure and the timing of consideration of petitions that will determine whether the innovation will become a real tool for protecting rights or remain a formal measure.
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