Translated material
“There is no concept of“ quarantine ”in the Code of Criminal Procedure
What is happening in Russian prisons against the background of the spread of the epidemic, no one knows for certain
The Federal Penitentiary Service covered in quarantine from relatives and the media not only prisons and colony, but also closed from any comments about what real help and what treatment is now prisoners and how many of them have already become ill. And none of the authorities obliges the FSIN to report. The native prisoners devoid of dates are trying to break through the full information vacuum. Especially those whose relatives suffer from chronic diseases, tuberculosis and HIV are the alarm.
According to the World Health Organization (report from March 24), in case of penetration of bars, the Covid-19 may spread with lightning speed (under the conditions of great crowding of people and the inability to comply with sufficiently compliance with hygiene norms) and impress up to 100 % of the prisoners.
At the time of Monday, March 30, some Russian pre -trial detention centers continue to pass investigators and lawyers. Moreover, even in cases where there is no need for urgent investigative actions. Investigators do not want to suspend the familiarization of the case with the case file. And the Investigative Committee does not scare any virus. For example, the Krasnodar lawyer Alexei Avanesyan, who asked on Sunday, on March 29,, due to quarantine, transferred Monday interrogation of his client, received the following response from the investigator: “There is no concept of“ quarantine ”in the Code of Criminal Procedure. It does not apply to us. I'm waiting for tomorrow. "
Capital investigators cannot suffer. So, in Moscow, where universal self-isolation has been introduced from Monday, there are still lines of lawyers and investigators at the Lefortovo pre-trial detention center.
Lefortovo is now completely scored by lawyers and investigators, ”the lawyer of one of the detention in this pre -trial detention center told Novaya morning on Monday morning. - Investigators are named for us and forced to come to familiarize themselves with the case file. God forbid, of course, if the investigators and lawyers have not yet managed to become infected in the wild, but which of them will give a guarantee and tell the truth? If this continues further, then people from the will can reload a bunch of prisoners. In a fig, then inject quarantine in Moscow if the pre -trial detention center does not comply with it? We can still be cured at large, but how will our customers receive urgent help in jail? ”
As for Lefortovo’s employees, they themselves, according to eyewitnesses, go without masks.
They do not give out masks and means of disinfection and prisoners, only sometimes - onions.
In other metropolitan insulators - 99/1 and "sailor silence" - there are no visible queues today. Back on Friday, lawyers and investigators could go inside, having a mask, shoe covers, gloves, after measuring the temperature and signing the paper, which are not sick with coronavirus. “The employees of the insulators themselves go inside without masks, shoe covers and gloves,” another lawyer told the “new” on the basis of anonymity. - And, strangely, these employees come to the pre -trial detention center from the street, they are directly in contact with the under investigation, but do not take any measures to protect themselves and prisoners. According to our customers, their cameras do not disinfect. Only floors in the corridors are washed with chlorine forces. ”
“I am from Yekaterinburg, my son is serving a sentence in the IR of the Sverdlovsk region, has a number of serious chronic diseases. But he has no decisive measures in IK. Although throughout Russia they are preparing for an emergency. Information is available online. But there is also a penitentiary system that no one talks about! As if there are no people there and do not need to take similar measures, ”Natalya Burakova, one of the thousands of mothers, who is now trying to reach the authorities, writes in the“ new ”. - The son says that no events are being held. The FSIN website has information about the strengthening of the fighting measures, but it does not cause confidence. Despite all the closeness of the FSIN department, territorial institutions need to show what exactly they do so that there are reports on the actions made on the colony website, and not dry populist unsubscribes. In emergency mode, the current non -ordering of medical care will lead to catastrophic consequences. ”
There are several dozens of such letters in the "new" mail.
According to short official reports of the FSIN, published on the website of the department, there are no cases of cases of coronavirus infection in Russian correctional institutions. At the same time, the FSIN does not specify that she does not have the opportunity to conduct tests for coronavirus - analyzes do not even make prisoners with pronounced symptoms of infection. So, the defendant of the “Moscow case” Yegor of the Lesniks, who was in the Water Dyzovo, suffered for almost two weeks from cough and fever. His lawyer demanded an analysis for coronavirus. First, the FSIN promised to test the forestry in the Sailor Silence pre -trial detention center, then they said that there was no such opportunity at all.
The main issues that are now interested in the relatives and lawyers of the prisoners:
What practical measures were taken by the Federal Penitentiary Service of Russia to comply with recommendations for the prevention, diagnosis and treatment of Covid-19 in correctional institutions;
Did the Federal Penitentiary Service of Russia and/or its territorial institutions purchased devices for artificial ventilation of the lungs (IVL) for the treatment of prisoners? If so, then in what volumes;
whether the FSIN was purchased drugs, the list of which is presented in the recommendations for the prevention, diagnosis and treatment of COVID-19 of the Ministry of Health of the Russian Federation;
In the absence of the Federal Penitentiary Service of Russia, IVL, for the treatment of prisoners, was organized the direction of convicts for treatment to civil hospitals, where there are such devices? Whether such local documents have been accepted in the Federal Penitentiary Service;
whether urgent measures were taken in the Federal Penitentiary Service of Russia to prevent the Covid-19 ramp in places of conclusion ”and which of the measures recommended by the UN Human Rights High Commissioner were implemented;
Which of the officials of the Federal Penitentiary Service of Russia is personally responsible for taking urgent measures to prevent the distribution of Covid-19 in places of imprisonment.
In Europe, America and Asia, the authorities in the last month intensively release persons in custody. Mass amnesties are announced, decrees on the release ahead of schedule of convicted people under non -violent articles. In Russia, the issue of prisoners by the authorities has not yet been raised. And the amnesty planned for a long time in honor of the 75th anniversary of Victory, as human rights activists say, on the contrary, most likely will be canceled.
On March 24, WHO published a document “Readiness, prevention and control of Covid-19 in prisons and in other places of detention”. WHO notes: “At all stages of the departure of criminal justice, more attention should be paid to the use of measures not related to imprisonment, including in the pre -trial period, at the trial and at the stage of sentencing. In cases where the defendant is not dangerous, priority should be given to measures that are not related to imprisonment (...) elderly people, as well as those who have medical problems associated with high pressure, heart problems or diabetes, are the most vulnerable group for the development of the disease. ”
But we are not a decree. In Moscow, the courts, as if nothing had happened, continue to arrest and extend the arrests
“Economic” - entrepreneurs, as well as lawyers and civil activists, although according to their articles they could easily leave them under house arrest or let them go on bail.
The courts without public and journalists are only extending the arrests now (the audience is temporarily prohibited to the passage - quarantine). So, last week, the arrest of the Magomedov brothers Magomedov, who had been in jails, was everybody in a pre -trial detention center. They extended the arrest to the ex-Minister of the Open Government Mikhail Abyzov and the defendants of his affairs.
Also, the court in Petrozavodsk left in a pre-trial detention center in the pre-trial detention center of the 64-year-old historian Yuri Dmitriev, who has been imprisoned for the past three years. In February, Dmitriev suffered a heavy cold, after which he was still very weak.
The Gagarinsky court of Moscow recently rejected the request of the lawyer Dmitry Sotnikov, who asked to let his client go under house arrest in connection with the threat of infection in the pre -trial detention center with coronavirus. The judge refused, citing the fact that "the specified argument was built on the assumption."
The Basmanny Court and the Moscow City Court do not let the four defendants “Aeroflot case” (article “Fraud”), two of which are women, are not released on bail or house arrest. Even the victim and the prosecutor's office asked to free them all from the pre -trial detention center, but the Moscow courts are inexorable.
One of the defendants in the Aeroflot case handed the letter to the editorial office of Novaya. A lawyer, 37 years old, represented the interests of the airline in criminal, civil and arbitration processes. Since October 2019-in the Moscow pre-trial detention center No. 5. The lawyer is called Alexander Slivko, along with him Aeroflot in the courts was represented by lawyer Dina Kibez. The investigation suddenly began to count the size of their fees and called the contracts between them and the airline Lipa. Like, the law department of Aeroflot performed the real work, and the lawyers involved only served as a tool to withdraw money from the company. In addition to Kibez and Slivko, in the pre -trial detention center there are Deputy General Director of Aeroflot on legal and property issues Vladimir Alexandrov and the former head of the legal department of the air carrier Tatyana Davydova.
The operational support of the case is conducted by the FSB. Employees of this service every now and then are now visited in a pre -trial detention center to the lawyer Slivko. There are conversations, during which, according to the lawyer, they invite him to plead guilty and testify to the air carrier’s management. Slivko does not agree. He is transferred from the camera to the camera and instructed by cellmates, who also persuade him to admit guilt. The lawyer is seriously afraid for his life. Here are just a few excerpts from his letter to the "new":
“The operatives regularly visit me and demand to stipulate myself and other defendants in this case, referring to the fact that, despite my position on innocence, the court will pass the most cruel sentence against me <...> I demand that I not only say that he made fraud, but also give false testimonies regarding the top leaders of Aeroflot, and the Ministry of Transportation and the Ministry of Transportation The Russian Federation, referring to the fact that these persons allegedly "stayed in their place." In order to include me to the self-support and the reservation of other persons in the SIZO-5 of the Federal Penitentiary Service of Russia in Moscow, I was transferred to five cameras without any reason, each of which was worse than the previous one. At the same time, I was repeatedly subjected to moral and physical impact on the part of cellmates, pressure, direct pressure with a demand for cooperation with the investigation. <...> If such methods are applied to me, a lawyer, a person with a higher legal education, then what can these people get when handling ordinary accused, not knowing how to protect their rights? ”
The investigation also refused to release the defendants in the “Aeroflot case” in connection with the pandemia of the coronavirus.
The colony of Konstantin Kotov, whose sentence in 4 years in a colony (for repeated access to peaceful rallies) was still abdominal, was still abolished in early March, and the case was sent for review. But the measure of restraint by Kotov, a person for a society is not dangerous, married, who has two elderly parents in Moscow (who cannot leave home now), the second cassation court decided to leave the previous colony. Although he could easily (after the review, after all, he did not enter into force) to let go home, imposing a ban on certain actions or the ban on leaving Moscow.
The court did not release the court to the elderly mother and the other defendant in the “Moscow case” - Yevgeny Kovalenko, who received a 3.5 -year colony for a throw of urn into a police officer. His lawyer Mansur Gilmanov asked the Klintsovsky City Court of the Bryansk region (the convict is serving a sentence there) about the deferment of the execution of the sentence due to the fact that the lonely 65-year-old mother Kovalenko was forced to be in the suburbs in the suburbs. In the Bryansk region itself, a high-readiness regime has been introduced now due to the epidemic.
Because of the virus, the date of the “Network” case has not yet been set (an organization recognized as terroric and prohibited in Russia). The colonies sentenced to the terms of 6 to 18 years are the defendants are in the Penza pre -trial detention center, in the jail quarantine. Two of them previously fell ill in a pre -trial detention center with tuberculosis.
In the suspended state were the defendants in the affairs of the “new greatness” who are accused of creating an extremist community. The debate of the parties planned in the Lublin court of Moscow at the end of March due to illness of the judge were postponed to mid-April. Nobody somehow thinks about the fact that now in custody of Ruslan Kostylenkov, Vyacheslav Kryukov, Peter Karamzin and Dmitry Poletaev (the remaining three defendants under house arrest), no one somehow thinks. Despite all the requests and petitions, they are constantly being arrested. Recall that Kostylenkov and Kryukov in the fall of last year tried to open their veins right in the courtroom after the judge’s refusal to change the preventive measure. Now they participate in the process with shackled hands in handcuffs.
PS
The Moscow Helsinki group has already launched a petition demanding a wide amnesty in connection with the pandemia of coronavirus for all people who have committed crimes of small and moderate severity, as well as for elderly prisoners, with chronic diseases, women with minor children, and pregnant women.