What to do if your loved one is serving a sentence far from home

What are you talking about? Is Now all sent to prisons and colonies far from home?

In short, not all, but many. If a little more, then this is the case. according to the article,Criminal Enforcement Code Article 73. Places of serving imprisonment 73 of the Criminal Execution Code (UIC) of the Russian Federation, condemned to imprisonment "serve their sentence in correctional facilities within the territory of the Russian Federation in which they lived or They have been convicted. " But except for those whose crimes provided for in Articles "Abduction," "hijacking vessel "," attempt on the life of a law enforcement body "(and other specified in subsection fourth).

Prisoners, who are not mentioned in the fourth part of Article 73 of the Criminal Enforcement Code, also can direct (and often direct) anywhere if FSIN deems serving sentence in the community, "impossible." This is stated in the second part of Article 73 of the PEC.

It turns out that people can send to the other end of the country and nothing can be done?

Almost two years there is a resolutionCase of Polyakova and Others v. Russia European Court of Human Rights "Polyakov and others against Russia." In this case, the ECtHR stated that the Russian PEC in the above part contrary to the European Convention for the Protection of Human Rights and Fundamental Freedoms. This means that the Russian authorities have an obligation to change the law.

Not long ago, Russian Ministry of Justice has prepared a billOn the Introduction of Amendments to Articles 73 and 81 of the Criminal Code of the Russian FederationIn the event of which the Russian prisoners will be more likely to serve his sentence not far from the place of residence of their relatives.

The bill - it's not the law, right?

Not yet, but the Russian authorities and the courts, and today can be directly applied practice of the ECHR. According to the Constitution, international law takes precedence over the Russian legislation.

Now it is clear. And how can you try to translate a relative closer to home?

You need to write in the FSIN for a transfer to another prison or colony. The statement may file himself a prisoner or one of its next of kin. Alas, the FPS is usually refuses. This decision may be appealed in the district court, and then - to appeal to the Court of the Russian Federation. Then - an appeal to the Presidium of the Court of the subject of the Russian Federation and, if there will be denied, another cassation - the Judicial Division of Administrative Cases of the Supreme Court.

What is the likelihood that recourse to the courts will bring results?

Unfortunately, it is extremely low.

Can I do something then?

You can apply to the ECHR following the example of Polyakova and the other applicants in this case.

Without going through all the courts in Russia to submit a complaint to the ECHR should not be?

Can. Such a possibility makes the decisionCase of Voynov v. RussiaRendered by the ECHR in the case of the "war against Russia."

Simultaneously with the application of the FPS can make a complaint to the ECHR on the refusal of the Russian authorities to transfer the person to serve their sentences closer to home. It can be submitted immediately after the convicted will be sent to serve their sentences away from home.

You can download template such complaints instructions for its completion. Download and complete own a copy of the complaint (For viewing and editing the document you need to install Adobe Reader), send it to the ECHR by mail (you can use the services of "Mail of Russia" or any express mail). If everything goes as it should, then after a while you will be told what number is assigned to your complaint. After you receive an email with instructions on how to proceed.

Learn more about how to prepare a complaint to the ECHR, and the complaints process can be here and here.

What can the ECHR?

The result of winning the case to the ECHR will be an award of compensation (as a rule, in such cases it is 5-7 thousand euros) and the ability to require transfer to prison closer to home already on the basis of the decision of the international court. Of transfer to another colony, alas, it is not guaranteed.

What else can you do?

Alternatively you can send the same information to the Commissioner for Human Rights (CHR). Exists Video instructionThat will help to do it.

CHR in Russia is actively engaged in this issue. The most significant part of his work in this area is that it is on the basis of its proposals to the President Russia issued guidance on the development of the bill, which would rectify the situation to be served far from houses.

If the chance to transfer to his native region a little, then why all this?

The right to serve his sentence in prison or jail next to the house every person. But it is not implemented in practice. Whether it happens in the future depends, in particular, on how active people are for it fight.

All that is written above - the steps towards the realization of this right. We do not know whether they will lead to future results. But if we do nothing, it just will not change anything.