Moskalkova asks to adopt a law on the mandatory exemption of prisoners for illness

The Commissioner for Human Rights Tatyana Moskalkova asks the State Duma to accept amendments, obliging the courts to release the mortally ill prisoners. It is reported by TASS.

“Today this is not the obligation of the court, but the law, and the monitoring we conducted, made it possible to establish that more than 1 thousand people who received the court refusal to release over the past three years. Today we turn to the State Duma about the adoption of the corresponding bill,” the Ombudsman said, presenting the main provisions of their annual report.

In addition, Moskalkova complained that the legislation does not oblige to transfer prisoners in the colony closer to the house. “Unfortunately, not everyone manages to maintain social ties, because the legislation today does not allow us to transfer convicts from a colony in a colony closer to the place of residence of relatives. And this is a very big trouble,” the Ombudsman said. According to her, the relatives of the convicts do not have enough funds for traveling to date to remote regions.

"And we ask the state authorities to support us in amendments, in an appeal to the State Duma about a change in the Criminal Executive Code," Moskalkova said.

In May last year, the government approved a new list of diseases that impede the content in conclusion. If the previous list, adopted in 2004, included 41 positions, then there are 57 of them in the current list. This is, however, not so much about the expansion of the list of diagnoses, but about their regrouping according to the new classification.

In fact, the government’s decree on the impossibility of detention of persons with certain diagnoses is ignored by the courts, the prosecutor's office, and the Federal Penitentiary Service. So, at the beginning of 2014, in Moscow, paralyzed Vladimir Topekhin was sentenced to a real term on charges of fraud; The appeal instance reduced the term, but left the convicted person in conclusion. IK-1 in Kostroma, where Topokhin was taken, she filed an idea of ​​his release and won the trial. However, the convicted person was released only after the decision stood in the appeal: the prosecutor's office appealed the court of first instance. In May 2016, the ECHR ordered Russia to pay Topikhin 19.5 thousand euros compensation for non -pecuniary damage.

Convicts, who are already in prison, human rights activists in some cases manage to free, and each time it requires significant efforts. So, at the end of 2014, the Chelyabinsk Regional Court released a patient with Cancer Andrei Lavrov , canceling the refusal decision of the district court. In March 2016, the ECHR ordered Russia to pay Lavrov 20 thousand euros for non-ordering medical care.

However, in other cases, the efforts of human rights activists are unsuccessful. So, in April 2015,the prisoner Vladimir Klimov, who suffered from cancer of the III-IV degree, died in Chita. At the same time, the decision on the liberation of Klimov was made by the district court back in April 2013, but the prosecutor's office successfully appealed him to the regional court. Further appeals of the patient and human rights activists to the courts of all instances remained unsuccessful, although even FSINED doctors insisted on his liberation.