Problems and solutions

Prisoner numbers in the Russian Federation

Justice Minister approves plan on death penalty ban

Problems and solutions

In Russia, a slight reduction in the number of prisoners was recorded in 1997 (see table). However, overcrowding in places of detention remains a grave problem. The problem is particularly acute in SIZOs (pre-trial detentions centres). According to official figures, on 1 March 1998, 275,665 detainees were held in SIZOs and closed prisons, which have an official capacity of 182,561 (though their actual capacity is believed to be far less).

In his article ‘How Judicial Practice Influences the Prison Population’ (‘Vliianie sudebnoi praktiki na chislennost’ tiuremnogo naceleniia’), Sergei A. Pashin, a judge in Moscow City Court, describes a number of measures which would lead to a reduction in the prison population and could be implemented without any change in legislation and at low cost:

• The procedure in court should be changed from an investigative model to an adversarial one: In the present system, the judge is required to act as an extension of the investigative/prosecutorial system, rather than in an independent judicial capacity. Pashin argues the change he suggests could reduce the number of men and women held in pre-trial detention by two to three times.

• There should be an increase in the use of mediation;

• There should be less pressure on law enforcement agencies to meet statistical targets;

• All law enforcement officers should be obliged to explain to detainees what their rights are;

• Courts should be very careful about convicting accused persons when the only evidence against them is their own confession. Courts should never be allowed to use defendants’ confessions against them if the confessions were not made in the presence of a lawyer;

• Courts should be very cautious about the quality of evidence which they allow. Defence lawyers should be given the opportunity to examine all evidence and, if possible, to be present when it is being collected.;

• All people accused of breaking the law should be entitled to have access to independent legal advice. Funding should be provided to make sure that such services are always available.

• There should be a system of releasing people on bail.

Prisoner numbers in the Russian Federation

On 1.03.98, the colonies held 38,215 women; 50, 435 prisoners in TB colonies and 19,361 TB patients in hospitals.

Source: Russian Prison Service Statistics

Ardatov Juvenile Corrective Colony, Nizhny Novgorod, Russian Federation

The Ardatov Juvenile Corrective Colony, which houses 440 juvenile offenders was established in 1943 at a former monastery. Most of the prisoners serve sentences ranging from six months to two years.

Since 1993, the dean of the Cathedral of Our Lady of the Sign of Nizhny Novgorod, Father Mikhail Rezin, and church deacon Yevgeny Panyushkin, have been working to improve the living conditions of the young prisoners.

Father Mikhail Rezin says:

In the course of my work for the Church I worked with some young prisoners in the corrective colony. The time came for them to be baptised. To be baptised they had to undress. When I saw the state of their bodies, covered in sores, I was shocked. I discovered there was no medicine and no proper food in the colony. I spoke about this to the believing people in my church and we got donations. We got clothing for those who were released. We got paper and pencils so that they could study. We managed to arrange a room in the colony for prayers. We collected gifts for them at Christmas and Easter. Some of them were able to leave the colony and work with us on the reconstruction of the Cathedral. We aimed to establish good family relations with them. The prisoners are entitled to a parcel from their relatives. The orphans have no relatives so once a month if we have the funds we assemble the orphans in the colony and give them lunches. That is to replace the parcel that the others get from their relatives.

The director of the colony encourages the work of Father Mikhail. The clergymen, who have earned the confidence of the prison administration, serve as a mediators in conflicts between the juveniles and the prison administration.

In 1997 they formed a public organization, ‘Sreten’e’, and expanded their activities.

A volunteer Australian doctor, John Allen, who works closely with Father Mikhail, explains that one of their main focus has been the rehabilitation of released prisoners. He says that a large number of young offenders return to prison within a few months of their release. After discussions with experts, they worked out ideas on how to develop institutions for the rehabilitation of recently released prisoners. They are now involved in setting up a rehabilitation hostel and training the young offenders as car mechanics ‘We aim to give them a moral sense and a trade’ explains Father Rezin.

PRI is currently considering ways of supporting the work of ‘Sreten’e’(NGO’s)

Source: Presentation by Father Mikhail at the international seminar held in Popowo, Poland; Moscow Center for Prison Reform (MCPR) Newsletter, ‘Towards the Rule of Law’, No. 1, 1998.

Justice Minister approves plan on death penalty ban

On 21 July the Russian Ministry of Justice approved a plan to implement the protocol (Protocol No. 6) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which bans the death penalty.

The Ministry will draw up amendments to Russian penal law to reflect the ban, broaden the range of punishments other than imprisonment and improve conditions in Russian prisons. The plan was signed by the Justice Minister.

Russia: Prison Twinning

Through the Council of Europe, Russia is establishing prison-twinning arrangements with Norway, Germany and the U.K.

From 29 June 98 to 3 July 98 a UK team paid a first visit to three prisons in Ivanovo, 200 miles North East of Moscow. Ivanovo has 9 prison establishments, with around 10,000 prisoners. The governors of each prison were keen to convey the improvements which had been achieved, but stressed that much more remained to be done.

“My capacity is 1,000 – but I have 1,500 prisoners. But, under the new rules my capacity should be only 600, while a few years ago we had over 2,000 prisoners”, said the governor of the SIZO.

A return visit by a Russian team is planned for later in 1998. At that point both parties will consider in what form the twinning arrangements can best proceed.

Source: Rannoch Daly, Governor, Leeds Prison, UK.

Copyright © 1998 Moscow Center for Prison Reform. All rights reserved.
Design and support © 1998 Moscow Center for Prison Reform. All rights reserved.