Observance of the rights of suspects and accused during transportation in the context of modernization of special vehicles

Kashirskiy Dmitriy Yurievich PhD in Technical Science Associate Professor at the Department of Information Science and Special Equipment of Barnaul Juridical Institute of the Ministry of Internal Affairs of Russia 656010, Russia, Altaiskii krai, g. Barnaul, ul. Gorno-Altaiskaya, 21, kv. 174 dimka_kash@mail.ru Other publications by this author     Baumtrog Viktor Etmontovich PhD in Physics and Mathematics Associate Professor at the Department of Information Science and Special Equipment of Barnaul Juridical Institute of the Ministry of Internal Affairs of Russia 656052, Russia, Altaiskii krai, g. Barnaul, ul. Chkalova, 49, of. 432 barnaul@list.ru Other publications by this author

Tumanov Danil Mikhailovich Cadet, Faculty of Training of Police Officers and Investigators, Barnaul Law Institute of the Ministry of Internal Affairs of Russia 656052, Russia, Altaiskii krai, g. Barnaul, ul. Chkalova, 49 fischer8797@mail.ru

The analysis of foreign experience suggests that each state has its own specific features of management, including the structure of the penal system. Thus, in Italy, the responsibilities for the transportation of escorted persons lie with the Department of Penal Administration, which is part of the Penal Police. In France, there is a system of double subordination, in which the National Gendarmerie, acting as an element of the Armed Forces and, at the same time, fulfilling the interests of the Ministry of the Interior, is engaged in the direct escort of prisoners and arrested. In Switzerland, in turn, the judicial police, which is one of the units of the criminal police of this country, is responsible for the process of transporting persons deprived of liberty ^[9].

The legislation of our country, in particular the Federal Law "On the Police" puts at the forefront the principle of observance and respect for the rights and freedoms of man and citizen (Interstate standard GOST 33546-2015 "Operational vehicles for the transportation of persons in custody. Technical requirements and test methods" (put into effect by the order of the Federal Agency for Technical Regulation and Metrology dated 07.06.2016 N 539-st). One of the latest measures to improve the institution under consideration is the Resolution of the Supreme Court of the Russian Federation, specifying the norm on the movement of persons deprived of liberty in special vehicles. Thus, this normative act excludes unfair, unequal inhumane, discriminating attitude, as well as physical and mental effects on a person (On some issues that arise in courts when considering administrative cases related to violations of the conditions of detention of persons in places of forced detention: resolution of the Plenum of the Supreme Ros. Federation from 25 Dec. 2018 No. 47).

When transporting suspects and accused persons, the convoy services must also comply with the Interstate Standard GOST 33546-2015, which in paragraph 5.13.1 establishes the need to equip the GLONASS or GLONASS/GPS KBO SNMS. KBO SNMS on transport for the purpose of interaction with monitoring centers.

In addition to the mandatory installation of satellite communications in the form of vehicles in question, in accordance with clause 5.11.1, it is also not allowed to operate the latter without special means of communication and signaling ^{[7, 8]} (Interstate standard GOST 33546-2015 "Operational and service vehicles for the transportation of persons in custody. Technical requirements and test methods" (put into effect by the order of the Federal Agency for Technical Regulation and Metrology dated 07.06.2016 N 539-st).

As you know, activities related to the transportation of suspects (accused) are also regulated by the Instruction on the work of the IVS, which, among other things, imposes on this service the duties of protecting escorted persons by creating appropriate units that are designed to monitor the process of transporting persons deprived of liberty in order to prevent violations of their rights and freedoms.

There is extensive judicial practice regarding complaints of suspects and accused of non-compliance with the order or conditions of their transportation on special transport. So, Volodin V.V. filed a lawsuit for violation of the rules of transportation from <data withdrawn> to <data withdrawn> and back; from <data withdrawn> to the IVS MU of the Ministry of Internal Affairs of Russia "Krasnoyarsk" and back. It follows from the latter's claim that the distance between the benches with which the compartments are equipped is no more than 0.4 m, in connection with which the legs of the person sitting opposite rested on the groin of the neighbor, creating discomfort and conflict situations. However, the court found that Volodin V.V. was escorted in compliance with the rules and regulations on the transportation of persons deprived of liberty, in connection with which the claim was denied (Decision of the Soviet District Court of Krasnoyarsk no. 2-5643/2020 2-5643/2020 ~M-392/2020 M-392/2020 dated July 29, 2020 in case No. 2-5643/2020).

A similar situation arose in Zelenodolsk. In support of the requirements of Darach R.A., it is indicated that the administrative plaintiff DD.MM.YYYY was detained by the police on suspicion of a criminal offense and placed in custody in a temporary detention cell in Zelenodolsk. DD.MM.YYYY a guilty verdict was passed against the administrative plaintiff, after which he got acquainted with the materials of the criminal case until March 2018. Since the investigative actions, court sessions, and familiarization with the materials of the criminal case took place in the city of Zelenodolsk, which does not have a pre-trial detention center on its territory, the administrative plaintiff was in various IVS cells from February 2015 to March 2018 in violation of the latter's rights: in summer, ventilation does not provide enough fresh air, the heat in the cells is terrible, high humidity, a headache from lack of oxygen. The Administration takes absolutely no measures to separate smoking and non-smoking prisoners. There are no separate non-smoking cells, which violates the requirements of a number of Federal laws. The administrative plaintiff does not smoke, however, smoking prisoners have always been placed in the cell with him, the whole cell is in smoke, things smell of tobacco. The IVS cells have one window measuring approximately 0.5 m x 1 m, which are tightly barred, which is why natural light practically does not enter the cells, which violates sanitary standards. Artificial lighting is weak: the cameras illuminate fluorescent fluorescent lamps, which were located behind dirty plafonds (films). The toilet is covered with a partition and is located 1 meter from the table for eating. The walls and ceilings in the cell are dirty and covered with fungus. Bedding is torn, mattresses and pillows are stained and always damp, they are not disinfected. There are no quarantine cells in the IVS, and therefore, people coming from freedom without sanitation are placed in common cells. IVS employees do not use the existing disinfection chamber. The medical examination was carried out only during the day. Safety rules during transportation from the IVS to the courthouse were constantly violated, places for prisoners are not equipped with seat belts, and hands are handcuffed throughout the journey. Throughout the entire journey, the administrative plaintiff was in emotional tension.

Darach R.A. states that from DD.MM.YYYY to March 2018, before sending the criminal case to the appellate instance, the conditions of his detention in the OMVD of Russia in the Zelenodolsk district were violated. As follows from the statement of claim, the violation of his rights is associated with inhumane conditions of detention in the IVS, namely: improper ventilation; lack of separate detention of smokers and non-smokers; inadequate lighting in the cells; the location of the toilet in the cell, covered only by a partition; the presence of a video surveillance camera ^[6]; improper condition of walls and ceilings; lack of disinfection of blankets, pillows, mattresses; torn bedding; lack of quarantine measures for persons coming from freedom, as well as violation of safety rules during his transportation from the pre-trial detention center <address> to the IVS <address>, namely: not equipped with seat belts for prisoners, in connection with which the administrative plaintiff was in an emotional state tension.

However, due to the lack of proof of the above facts, as well as the provision of all documents confirming compliance with the conditions and rules of transportation of prisoners by the IVS of the OMVD of Russia, the court refused to satisfy the claim (Decision of the Zelenodolsk City Court of the Republic of Tatarstan No. 2A-1831/2020 of July 16, 2020 in case No. 2A-1831/2020).

Belyaev D.A. was in custody from DD.MM.YYYY to DD.MM.YYYY, all this time he was held in a pre-trial detention center in Khabarovsk. In relation to Belyaev D.A., the term of restrictions related to the preventive measure in the form of a ban on certain actions amounted to 128 days.

The latter appealed to the court with a complaint that the food was unsuitable for consumption, D.A. Belyaev ate the transfers of relatives, there were no conditions to wash clothes, and therefore, it was not possible to go to court and to investigative actions in clean clothes, because of the high humidity, the clothes did not dry out and rot. They went out to wash once a week for 15 minutes, and if on that day there were court sessions or investigative actions with departure from the detention center, then the washing was canceled and it was possible to wash again only a week later (in the absence of court sessions). In winter, it was very cold in the cell, fungus and mold formed on the walls and windows. Many people in the cell were sick from the dampness and high humidity. The doctors of the detention center did not provide proper medical care. When taken to court sessions at 8 am, they were lowered into a damp basement room (septic tanks), where they could be held for up to 18 hours without providing food and water. During transportation from the pre-trial detention center to the court and to investigative actions, there was no heating and ventilation in prison transport, often people with an open form of tuberculosis were transported along with everyone. From May 2019 to DD.MM.YYYY, D.A. Belyaev was kept in a cell where conditions were slightly better, although in summer it was also very hot and stuffy, since the windows did not open. In addition, DD.MM.YYYY, Belyaev D.A.'s father died - Belyaev A.M., with whom the latter was in good and trusting relations, while Belyaev D.A. could not attend the funeral and say goodbye to his father, as he was in custody, from which he experienced moral suffering. During his time in prison and the stress suffered in connection with this, D.A. Belyaev began to suffer from insomnia, which has not passed until now. Thus, Belyaev D.A. assesses moral damage in connection with being in custody in the amount of 5,550,000 rubles, at the rate of 10,000 rubles for each day of being in places of deprivation of liberty (Decision of the Zheleznodorozhny District Court of Khabarovsk No. 2-1585/2020 2-1585/2020 ~M-1570/2020 M-1570/2020 from 20 July 2020 in case No. 2-1585/2020).

Despite the refusal to satisfy the above claims, it is important to note that such appeals are not uncommon, and therefore this topic requires more in-depth study.

In connection with frequent violations of the specified legislation during such transportation, the European Court did note a number of problems in the field of ensuring proper conditions for the transportation of suspects and accused in the Russian Federation (The Ruling of the European Court of Human Rights of April 9, 2019 in the case "Tomov and Others v. the Russian Federation": entered into force on July 9, 2019 (Complaint No. 18255/10 and five other complaints)), in connection with which the European Committee formulated the following requirements for transportation:

1) if the vehicle is equipped with a safe compartment, individual boxes with an area of less than 0.6 m2 should not be used for the transportation of a person, no matter how short-term the transportation may be;

2) the transportation of persons in custody must be carried out in vehicles intended for this purpose, taking into account all relevant safety requirements in order to protect such persons;

3) it is not allowed to use vehicles that are not equipped with appropriate safety equipment;

4) the number of persons being transported in custody must not exceed the maximum capacity of the vehicle.

The analysis of the above requirements helped the Court to identify violations of international legal acts (Convention for the Protection of Human Rights and Fundamental Freedoms ETS N 005: concluded in Rome on November 4, 1950). At the same time, none of the existing remedies could be considered effective in practice.

Adapted to the realities of our country, these rules were reflected in the new standards of 2019-2020, in connection with which four prototypes of cars of the following models were manufactured:

1) "Gazelle Next" based on GAZ-C41R92 for the transportation of a maximum of 10 suspects and accused in the layout: one total nine-person cell at the rate of 0.49 m2 per person and one single cell with an area of 0.61 m2;

2) Gazelle Next on the basis of GAZA31R33 for the transportation of 6 suspects and accused in the layout: one common five-person cell at the rate of 0.54 m2 per person and one single cell with an area of 0.73 m2. This car in a different layout can carry up to a maximum of 7 suspects and accused;

3) Gazelle Next on the basis of GAZA21R23 for the transportation of a maximum of 5 suspects and accused in the layout: one common triple cell at the rate of 0.54 m2 per person and two single cells with an area of 0.61 m2 each;

4) "GAZon Next" on the basis of GAZ-C41R13 for the transportation of a maximum of 13 suspects and accused in the layout: three common quadruple cells at the rate of 0.43 m2 per person and one single cell with an area of 0.72 m2 ("Technical requirements" approved by the order of the FKU NGO "STIs" of the Ministry of Internal Affairs of Russia dated June 28, 2019 No. 512, which meet the basic standards for the transportation of detainees established by the European Committee).

Manufactured vehicles correspond to the highest fifth class of environmental friendliness, they have a heating system, ventilation, video recording is carried out in order to record the work of the convoy, also, in compliance with international standards, these vehicles are equipped with communication devices and a satellite system. In addition, the car bodies are equipped with a complex of engineering and technical means of protection and communication ^{[1, 2, 3, 5]}. Approbation and operational tests of these models were carried out in cooperation with the security and convoy units of the territorial bodies of the Ministry of Internal Affairs of Russia in Moscow, Vladimir and Tver regions.

Based on the results of the measures taken to improve the conditions of transportation, it was decided to manufacture seats for suspects and accused from semi-soft non-flammable materials resistant to mechanical and chemical damage. The corresponding changes were made in SRT 061-2019 (semi–soft seats are used in most of the member countries of the Council of Europe).

Currently, the FKU NGO "STIs" of the Ministry of Internal Affairs of Russia is taking measures to accept these models of special cars for the supply of the Ministry of Internal Affairs of Russia. In addition, the manufacturing plants have prepared projects for special vehicles of greater capacity based on the PAZ "Vectornext" passenger bus and a truck on the KAMAZ-4308 chassis ^[4].

Thus, the requirements of international legislation discussed above, and subsequently domestic legislation, are aimed at qualitatively changing the conditions of transportation of suspects (accused), preventing violations of the rights and freedoms of the latter. Such modernization of special transport also cannot but entail a decrease in the number of appeals and complaints about improper conditions of transportation of such persons.