Law from under the stick

A special meeting of the Presidential Council for the Development of Civil Society and Human Rights (HRC), dedicated to the discussion of the draft law on the media “Law of Sadists” on a change in the procedure for applying special equipment to convicts, collected on Wednesday the administration of the Presidential Prosecutor General’s Office, the FSIN, the Investigative Committee and the leading human rights organizations.

Only the founder of the Gulag.net social network was not enough among them, one of the most consistent critics of the bill Vladimir Osechkin. According to the human rights activist, he was not allowed to discuss by personal order of the head of the Council Mikhail Fedotov.

Fedotov and opened a meeting. In his opening word, the chairman of the CNC noted: the authors of the bill do not hide that it was based on its basis for the application of special equipment to the convicts, the Federal Law “On the Police” was laid.

“But is this reasonable?” The environment in which the police works is very different from the environment in which people are in places of forced content, ”Fedotov wondered. Comparing the two documents, he approached the conclusion: the procedure for applying special equipment in relation to prisoners should be regulated as accurately as possible, since it is precisely they are the least protected in the legal plan.

- The law with inaccurate formulations is like weapons of mass destruction, it is striking both right and guilty, because it is aimed at a certain territory, and not at certain people. I am embarrassed by many formulations in this law, it is full of legal uncertainty, ”said the head of the Special.

After Fedotov, with an official ten -minute speech justifying the position of the Ministry of Justice, the deputy head of the department of ALU Alkhanov spoke.

“One of the tasks of the concept of the development of the penal correction system is to develop a set of measures to form the employees of the UIS of skills that allow you to effectively counteract illegal manifestations by the convicts,” he read on a piece of paper, which almost literally repeated the explanatory note to the bill.

Having involuntarily confirmed the fears of Fedotov, Alkhanov said that the list of funds that the bill in its current form allows for use in relation to convicts in violations of the regime and illegal actions-the rubberborn baton PR-73, light-school grenades, handcuffs, and so on-is completely identical to the list from the law “On the Police”. Then, having finished with the official part of the report, the deputy minister recalled that the Ministry of Justice, together with the HRC and the apparatus of the Commissioner for Human Rights, agreed on the proposed changes and in February this year they sent them to the government, but "due to the peculiarities of the mechanism of adoption of the laws, it did not fully take them into account."

“But by the second reading, the State Duma will be able to accept these changes,” Alkhanov assured. - From the side of the Ministry of Justice in this situation, there is support and understanding.

- I understand correctly that the government agreed on a little different text? - the head of the HRC carefully asked.

- Yes, but partially your proposals were taken into account.

- And yet, in May the government introduced another project to the State Duma?

“Yes, this is a slightly different version,” Alkhanov admitted.

The word passed to the deputy head of the FSIN Anatoly Rudom, who first again read the text of the same explanatory note.

“The bill really provides for the innovation regarding the fact that in case of emergency, employees can use special equipment or firearms,” the official stated.

- The norm on which cases are used, guarantees the impossibility of unreasonable accusations against an UIS employee, and also minimizes damage to the health of convicts. In the current law, this norm is absent, that is, at present an employee can apply physical force in offenses, that is, with disobedience to the legal requirements of the employee, that is, almost in any case ... And this law specifies: there was some kind of “disobedience”, and there will be “counteracting the illegal actions of the convicts,” and there may already be about the use of force, ”Rudy explained the position of his department.

Another advantage of the bill, the representative of the FSIN called the norm according to which the prosecutor should be notified of each case of the use of force against the convicted person within 24 hours. Even in terms of the use of special equipment, I noted Rudy, the new law will be more humane than the acting, because non -harm that does not bring harm to health - for example, light -noise grants, special confusing nets and electric skiers are added to the list of special equipment. The new law will impose a number of restrictions on the employees of the Federal Penitentiary Service and the use of more familiar special equipment: it will be forbidden to beat with a rubber stick on the head and genitals, waterflows cannot be used at a temperature below zero, and firearms will be stored in specially designated places, which will eliminate the possibility of capturing the prisoners.

- In the preparation of the law, international standards of handling prisoners are fully taken into account, it is aimed at ensuring that the employees act in accordance with the situation and the degree of danger. These changes will reduce the risk of violations of laws when using special equipment and weapons and exclude a double interpretation of the formulations, ”said Rudy.

“Yes, some formulations in it need to be clarified, finalized, but in general the concept of the law is modern, and it meets the requirements of the time in which we live,” he finished.

The head of the permanent commission for the assistance of the PMC and reform of the penitentiary system for the HRC Andrei Babushkin did not repeat the explanatory note, instead turning to his personal experience.

- Visiting six regions this year and preparing for today's meeting, I interviewed about 100 UIS employees about the problems that excite them. There were 12 of them, and among them there was a problem formulated as "insufficiency of legal regulation of the use of special equipment." None of the respondents posed this problem among the first five main ones. That is, the warders, whom you are supposedly trying to protect, do not see any particular difficulties in the fact that the current legislation does not allow them to use special equipment, strength, weapons, and so on, ”the human rights activist said.

On the other hand, Babushkin noted, there are many more urgent problems, for example, the use of handcuffs to prisoners placed in a medical hospital, or unreasonable use of fixation and rubber sticks.

- I, as a person who directly visits the colony, is convinced that this law will significantly increase the number of cases of illegal use of weapons and special equipment, and the role of social and educational mechanisms, on the contrary, will decrease. Why improve them if you can, playing with a rubber stick, clutching the gun, solve the problems of influence on a person? - asked the rhetorical question Babushkin.

Those clause that the deputy head of the FSIN called him pluses, the human rights activist consistently lowered it into minus. Speaking about the 24-hour deadline for the notice of the prosecutor about the application of force to the convicted person, he recalled the death of four prisoners in the Chelyabinsk IK-1 in 2008, when not 24 hours passed between the beating of the victims and the notification of the prosecutor in Moscow, but this was enough to falsify evidence.

- Open the law. Article 31, paragraph 2 - a person went out into the street to smoke at night. This is a violation of the content regime, which means that you can apply a rubber stick, shocker, dog with respect to it, but anything can. Clause 4 - a group of convicts went outside and chants, demands a prosecutor. With regard to them, even firearms can be used. Further, the convicted person, I don’t know, was fading into the curtain. And again it is possible with a club. The prisoner was brought into the dining room, he fell into aggression and began to spoil the equipment. The overseer by eye estimated the damage of three thousand rubles, regarded this as a crime against property and applied firearms to it. Or: a handle in a hand in his hand. And now I hold a pen. But if this pen is regarded as “an object that can be applied to the injury”, and it can be applied to it, then you can’t shoot at me, but in the prisoner you can. These examples can be continued indefinitely. The problem of this law is that there is such a golden rule - if the law can be used incorrectly, then it will certainly be used incorrectly, ”Grandma's ended emotionally.

In the hall there were applause - for the first and last time for the whole meeting.

The head of the legal department of the FSIN Leonid Klimakov, who spoke out, began with general phrases: “This bill is needed more than never”, “the company and the relations of prisoners with employees of the penal correction system have changed,” “The law does not prohibit various education programs and social elevators.” Then the emotional degree of his speech increased markedly.

- We are facing every day with the opposition of the part of the prisoners who have chosen a different path that prevent the system from dealing with issues of maintaining and correcting the persons who are there. The rights of citizens are certainly important. But we are dealing with other citizens, not with law -abiding ones. They have already stopped the law! Who is contained in places of imprisonment, who violates the requirements of the law there? In fact, these are recidivists, well, it's true! - raising his voice, he explained. He graduated from Klimakov the thesis that the main goal of the law is to give "the UIS staff to protect his life and the life of other persons in the colonies."

Director of the Federal Law Service of the FSIN Alexei Verkhoturtsev approached the issue from afar.

- The use of force was enshrined in the legal acts of pre -revolutionary Russia. It is also in international documents, weapons are also used there in relation to prisoners. The use of security measures was confirmed in European penitentiary rules! - he said, not the first time saying the word "penitentiary."

-I repeat once again: this law is corresponding to the law “On the Police”, which protects both ordinary citizens and citizens. In our five years, the number of convicts re-increased by 15-20%. And we must make a clear cut that these are not citizens who were mistaken there. That is, about 62% now - these are no longer the first. And, leaving the UIS employee alone with these ... recidivists, we obviously endanger them, - the director of the departmental institution scared them.

The representative of the Investigative Committee Vladislav Nemnikov, who voiced statistics, according to which since the beginning of the year, the SK conducted more than 300 pre -investigation inspections on the statements of convicts about the use of force on the part of the guards, was unexpectedly interrupted by the uncomfortable issue of Babushkin.

-Visiting Mordovia and checking the complaints, I and the Chairman of the “Committee against torture” Igor-MZ) Kalyapin faced the fact that the employees of the Zubovo-Polyansky inter-district department of the UK instead of traveling to the place and receiving explanations on the use of force, transferred this task to the FSIN to operatives. That is, the convict about his complaint was interviewed by a colleague of the person about whom it is discussed, with whom they drink tea together. We then paid the attention of the leadership of the UK to this problem. Is it solved? - asked the human rights activist.

- Problems exist in any department, including with us. Violations should be considered, collected, generalized in managerial decisions, something to find out,-an indefinite answer sounded.

Babushkin puzzled and followed by the deputy chairman of the Duma Security Committee Alexander Khinshtein.

- Here the crowd came out, the prosecutor demands. Special means cannot be used. And what to do with them? - the deputy reasoned.

- Call the prosecutor! - suggested the human rights activist.

- It is great to discuss this from the fifth floor of the presidential administration building. And there is no prosecutor in the Zubovo-Polyansky district!

-But in Saransk there is a duty prosecutor, you can raise it! - retorted Babushkin.

According to Khinshtein, the “severity of the moment” and the wave of criticism of the bill in the media are associated only with the fact that the government sent him to the State Duma, not taking into account the amendments from human rights organizations.

“But if this mission fell into the State Duma, we will handle it and fulfill it for our colleagues.” When we see in any employee the FSIN who wants to violate human rights, and in every convict-the victim of the villain, then this is wrong, the world is not black and white, it is color. Therefore, to the second reading, I propose to bring this document to the mind as part of the working group, ”the parliamentarian reassured.

After a short speech by the chairman of the Moscow PMS, Anton Tsvetkova, who did not see in the bill “in general there is nothing wrong” and excluded the possibility of “the emergence of total lawlessness in the colonies”, the executive director of the “For Human Rights” movement Lev Ponomarev took the word. At that moment, Alexander Hinshtein tried to leave the hall, but the 73-year-old human rights activist insisted that he stay and listen.

- We now watched how the head of the HRC and Mr. Khinshtein found out who is responsible for introducing this law without the amendments of human rights defenders, in its current form. Why this happened, I know - because this is the next case of criminal practice of throwing a bill, which will be adopted despite objections. My opinion is that it must be withdrawn and new, otherwise in no way. I understand why he was thrown. The fact is that despite the allegedly openness of the FSIN, all our efforts in the fight against violence in the UIS have not yet led to anything. In September, dozens of people were beaten in Mordovia, on the table of Rudogo and the rest there were photographs of battered. How much has passed already? There were only some disciplinary sanctions, and dozens of people as a result of their testimonies abandoned. Even the one who was torn of the spleen wrote a refusal, said that the spleen hit the table. That's why I think that this law has been introduced to legitimize these egregious crimes! - Ponomarev was harsh, and Rudy reacted to his replica with undisguised irritation.

- All the materials received by me gave a legal assessment from the service, we brought a number of employees disciplinary liability, and the materials were transferred by jurisdiction in the UK, then they decided. Therefore, you need to at least know what you are talking about before accusing! You always have something “unacceptable”, “flagrant”, constantly only such theses are in discussions. It is necessary to somehow approach the issue of the issue, and not to engage in politics! - he reported to the human rights activist.

The timid objections of the employee of the apparatus of the Commissioner for Human Rights Viktor Nemchenkov, who got up, ruddy also stopped: “You don’t drive me with a pen, you are not so powerful person to wave my pen!” The patience of the official was running out.

- I would ask everyone to work on the merits, and not rush into uninteresting, unnecessary theses. I still read a very funny point of view somewhere for me personally-some say that the FSIN is interested in exacerbation of the situation in the colonies to bring this “bloody” law to the State Duma under the pretext of protecting employees. Well, this is just a nonsense, which you can’t even answer with a comment, ”shouted the deputy head of the service. The last straw for him was Ponomarev’s question, who asked to comment on the practice of “activists” - loyal administrations of the colonies of prisoners - to other inhabitants of correctional institutions. With a cry: "Oh God, what nonsense!" Rudy brushed a microphone from the table.

For some time, the HRC meeting went into a new format: human rights activists began to speak, and the weary of Rudy immediately besieged them.

- Today, the US Senate will be held by the consideration of the bill on the prohibition of torture in relation to the detainees, and today we are considering the issue of legalizing torture in Russia today. This project is crossed out by the whole more than a ten -year position aimed at legalization ...

- As I understand it, you began to rely on American democracy and take an example from it? Does the United States have PMS? And in Europe? Yes, they generally do not have such organizations!

- You are talking about the openness of the FSIN, but how can we believe in it if this law actually obliges DVR to work only at the time of the attack directly ...

- Are we now discussing the openness of the FSIN or the agenda?

“Why are you interrupting everyone all the time?” - Ponomarev inserted.

“Yes, I don’t mind that I would be removed from the meeting room than to listen to the nonsense that you are carrying here!”

- Well, go, what are you!

The flared conflict stopped only the unexpected appearance in the hall of the head of the Moscow Helsinki group Lyudmila Alekseeva, who, however, refused to perform.

“You know my opinion, Mr. Rudy.” I have nothing to add. This law would not hurt to cancel, but if this cannot be done, then it needs to be finalized very significantly so that it is not like the option that is eventually introduced, ”she said.

After a short, but energetic discussion about what the bill was entered into the State Duma, Rudy entered into a skirmish with the unlessed participant in the meeting, which politely doubted the need for rubber wares for UIS employees.

— Я опросил около сотни сотрудников, действующих и бывших, проанализировал некоторые уголовные дела, и я так понимаю, что она, на самом-то деле, для защиты самих сотрудников ни разу не применялась. Почему бы ее не убрать вовсе? — спросил правозащитник.

— Если что-то неправильно применяется, это не повод для изъятия. Давайте лучше стремиться к тому, чтобы ее правильно применяли. Когда настанет необходимость настоящая в ее применении, а у нас вообще ничего не будет, что тогда сотрудникам делать? Мы сейчас заняты изготовлением материалов различных, в которым подробно разъясняется порядок ее применения, методички различные…

— Просто у меня после этого анализа сложилось убеждение, что это абсолютно лишний предмет. То есть это для осужденных лишний страх, что за ним постоянно стоит надзиратель с дубинкой, а во-вторых, ее ношение провоцирует сотрудников на то, чтобы ее применять. Зачем она нужна-то?

— Вы, возможно, правильно отметили одну вещь: ПР-73 вызывает некоторое недоверие в общении между заключенными и сотрудниками. Мы обсуждали этот вопрос и пришли к выводу, что в женских колониях нужно или хотя бы как-то прятать эти изделия, чтобы под одеждой были, или убирать их вовсе и пользоваться другими спецсредствами. А насчет мужских колоний — я к таким решениям не готов, это все надо осмыслить. Женщины — они слабые, более духовно развитые существа, нежели мы, мужики, мы более грубые и выдержим при виде дубинки.

Парировал Рудый и приведенные неизвестным правозащитником документальные данные о смертях заключенных от ударов ПР-73.

— Вы привели три случая на 673 тысячи заключенных. По каждому, наверняка, была передана информация в СК. Уроды — они везде есть. Вот недавно мы вскрыли случай, как в одном из регионов в воспитательной колонии один урод моральный бил детей трубой металлической, то есть заходил с киянкой в камеры, пакеты на голову надевал. То есть, урод такой, из девяностых привет. И мы сами этот случай вскрыли, провели проверку, он понес наказание в соответствие с законом. Но это ведь не значит, что все такие, — заверил замглавы ФСИН.

После очередной перепалки — на этот раз о том, на кого ляжет ответственность в случае принятия законопроекта в его нынешнем варианте — председательствующий глава СПЧ Федотов пригласил всех присутствующих в рабочую группу, которая займется выработкой поправок к законопроекту, заверил, что резолюция встречи будет составлена совместно с Бабушкиным, и объявил заседание закрытым.