They take on demand: they want to transfer prisoners' participation in the courts online

The Accounting Chamber recommended equipping all colonies and pre-trial detention centers with video conferencing systems, the recommendations of the department are available to Izvestia. This measure will save up to 95% of funds for escorting suspects and convicts, the auditors explained. The interviewed lawyers gave a mixed assessment of the recommendation — the personal presence of the participants in the trial may influence the final decision. In addition, communication problems may occur, which will delay the process. The question of whether the full dissemination of the VKS will affect the judicial proceedings is in the Izvestia article.

Why reform is needed

The Accounting Chamber (JV) recommended carrying out large-scale digitalization in colonies and pre-trial detention centers, follows from its "Analysis of the current state of informatization of the judicial system of the Russian Federation." Izvestia has reviewed the document. In particular, it concerns the need to equip all colonies and pre-trial detention facilities with video conferencing systems.

VKS systems are used for remote participation of suspects, defendants, convicts, witnesses, experts, interpreters and others in court sessions without the need for their physical delivery to court, said Alexander Redkin, senior partner at Criminal Defense Firm.

"This is especially true for those in pre—trial detention centers (SIZOs) and correctional colonies, as well as for participants living in other regions or countries," he said. — The VKS is used in criminal, civil and arbitration courts for interrogation, consideration of appeals and cassations, and other procedural actions. And also to ensure access to justice for people with disabilities.

Currently, those who participate in the court session through the use of a web conference system must confirm their identity through GIS "Unified System of identification and authentication of individuals using biometric personal data." However, there is no separate service for participants in court sessions in the unified biometric system.

As the joint venture recalled, in the judicial system, the practice of holding meetings using a web conference system without using a single biometric system developed mainly during the pandemic of coronavirus infection.

For example, in 2023, using the VKS, the Supreme Court held 920 sessions in 2023. From January 1, 2022 to November 27, 2024, the federal arbitration courts held almost 1.5 million meetings.

"The current situation creates risks, since, if necessary, the judge has the right to interrupt a meeting held through a web conference system, or to review the results of the meeting if violations of the judicial process are detected," the Court of Auditors' analysis says.

How much does it cost to be present in court

According to the Federal Penitentiary Service of Russia, as of May 1, 2024, 787 institutions of the penal correction system had equipment for conducting court sessions in the VKS mode, which is 87.4% of their total number. In 2022, convicts and persons under investigation participated in the VKS regime in 482.3 thousand meetings, in 2023 — 483.7 thousand.

"This indicates the high demand for this format of interaction between federal courts and convicted and remand prisoners. The number of VKS equipment for holding court sessions with institutions of the Federal Penitentiary Service of Russia with a service life of more than 10 years is 29.3% (358 units) of the total number of equipment and needs to be updated," the report says.

The average cost of moving one escorted person by train was 1 thousand rubles in 2022, 1.2 thousand rubles in 2023, and 1.5 thousand rubles in the first quarter of 2024. Delivery by plane cost 52.9 thousand rubles in 2022, 35.6 thousand rubles in 2023, and 56.2 thousand rubles in the first quarter of 2024.

According to the Federal Penitentiary Service, the use of VKS has reduced federal budget expenditures by a total of 1.3 billion rubles.

The Accounts Chamber pointed out that the lack of modern video conferencing systems in the institutions of the Federal Penitentiary Service limits the possibility of remote court sessions with the participation of convicts and persons under investigation. According to the auditors' calculations, this will lead to an average 95% reduction in budget expenditures on escorting convicts and persons in custody.

"It is recommended to consider the possibility of providing all institutions of the Federal Penitentiary Service with modern video conferencing systems for remote court sessions with the participation of convicts and persons under investigation," they noted.

The JV experts also concluded that digitalization is "vital" for the judicial system, as the number of cases submitted for consideration increases annually. From 2018 to 2023, the growth was 23%. This is hindered by the lack of strategic guidelines, imperfect regulatory regulation and insufficient organizational readiness of the judicial system for digital changes.

"There is no unified digital transformation strategy in the judicial system. The concepts developed by the community do not allow for comprehensive monitoring of the use of digital solutions, to assess the actual level of automation of processes and the degree of satisfaction of participants in legal proceedings. Informatization is carried out in conditions of fragmented planning and without taking into account the indicators established at the federal level in the framework of achieving national goals until 2030," Svetlana Orlova, auditor of the Accounts Chamber, stated after the analysis.

The pros and cons of VKS

The remote format makes it difficult for the defendants to fully investigate and present evidence, personal communication between the participants, and can also affect the court's perception of the participants' behavior, emotions, and reactions, Alexander Redkin added.

—And technical failures, such as communication outages, poor video and audio quality, and equipment shutdowns can lead to the inability to participate fully and even violate the procedural rights of the parties," he said. — There is a risk of violating confidentiality and data security: the possibility of information leaks with insufficient protection of communication channels.

There may be problems with access to the VCS in remote or small settlements: not all institutions and courts are technically ready to provide stable video communication.

— Among the advantages of the full implementation of the VKS: significant budget savings, since the costs of escorting, transportation, protection of suspects and convicts, as well as travel expenses for participants in the process, will be reduced, — the expert explained. — Speeding up the consideration of cases: there is no need to wait for the delivery of participants, which reduces the time for the consideration of cases and reduces the burden on the judicial system.

Access to justice will also increase, as participation will be possible from any region.

"The psychological burden on participants may also decrease, especially for convicts who are not being transported from places of detention," Alexander Redkin added. — The experience of the Supreme Court and the Federal Penitentiary Service shows that the introduction of the VKS can significantly reduce government spending on staging and logistics.

Georgy Ostapkovich, Director of the Center for Market Research at the Higher School of Economics, called the Joint venture's proposals reasonable.

— But it is extremely difficult to assess the effectiveness — you first need to make estimates, carry out work and hire contractors, — he explained. — We need to take this job, it's absolutely obvious.

Equipping all VCS facilities is more of an infrastructure solution than a legal problem, says Ekaterina Kosareva, managing partner of the VMT Consult analytical agency.

"The economic effect is quite real," she stressed. — The state incurs significant costs for staging: transport, security, logistics, support. If it is possible to even partially switch to a remote format, especially for interim and technical meetings, this will already result in significant savings.

The introduction of the VKS does not contradict the law, and if properly implemented, it can simultaneously increase the efficiency of justice and reduce government spending, experts believe.