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English Language Page Financing: European Commission Project website www.prison-visit.com Project goals: Overall objective(s): The overall objective of the Action is combating application of torture practices, elimination its of causes, limitation of the conditions for its implementation. Specific objective : The successful achievement of the Action objective will be reached by implementation of the following activities: systematic visiting to closed institutions to monitor torture practices; support the cooperation of human rights NGOs with various organs of state authorities for prevention of torture practices and inhuman treatment, including through collaboration with expert Councils created in law-enforcement entities; national and internationally lobbying the improvement of “anti-torture” legislation and practices, particularly during Russia’s official reporting to the UN Committee Against Tortures. Target groups of the project are regional public inspectors in 5 rågions of Russian Federation, the authorities representatives, lawyers, doctors, international human rights protection bodies. Direct beneficiaries are persons held in custody in 5 regions involved into the project (some 80,000 inmates), and persons of the risk group contained in « closed » institutions, i.e. in secure places. Project actions are planned to take place in the following spheres: • developing the methodic of the universal public control based on the organized systematic public visiting of the “closed” institutions and education of the independent visitors; • developing forms of public control of the “closed” institutions (assisting the work of Public Councils). Establishing dialog between independent visitors, human rights NGO, responsible state authorities; • analyzing and evaluation of the legislation, lobbying the legal base amending and its correspondence to the European penitentiary rules; • in-time disclosure of cruel treatment and torture cases, provision of assistance to victims; • Implementing enlightenment programs for training visitors from regional NGOs on public control in the “closed institutions”; • Based on the acquired during project realization data and information, preparation of the alternative report and presentation of the report to the UN Committee Against Tortures. Objectives: The project targets various aspecst of preventing torture practices in Russia. The project forsees protection of victims of torture and ill- treatment. Major efforts will be concentrated on the developmet of prevetive forms, i.e. system of visiting closed institutions and enlightenment of the officers of such institutions (detention facilities, isolators, predetention facilities). One of the perspecive mehtods for preventive measures is the way for creating universal groups for inspecting the closed institutions. Rusults of such inspectuion will be put in special reports. Collaboration of the state authorities and NGOs will be encouraged by the joint work. Special emphasis will be given to support of the Public Councils work after regional Departments of the Ministry of Interior and Departments of the Execution Service, appealing to which will influence the decrease in unprovoked violance application practices. The analysis of the practicies will cover those spheres state authorities’ work, which closely related to the issue of tortures and ill-treatment. In particular - implementation of norms and principles of the medical ethics defined in new European imprisonment rules. All project results will be reflected in the alternative Report, which will be presented to the UN Committee Against Tortures. The issue of torture practices remains actual and of a high priority for human rights community. The Moscow Helsinki Group reports on application of torture practices and violence across the country, aggravated by the absence of any system of control and protection from torture. Torture with impunity is primarily founded upon the obvious unwillingness of the procuracy to implement effective supervision of the implementation by the police of the law during preliminary investigation and during the implementation of operational-investigative measures. The environment is worsening by the obvious reluctance of the authorities to recognize and develop the closed institutions public control system. Nevertheless, there are many regions of Russian Federation, where the practice of independent visiting to penitentiary remains and developing, regarding NGOs’ limited capabilities in the penitentiary control. Project accents the development of forms and methods for combating and preventing tortures available for Russian NGOs. The selection of forms and methods is dictated by the fulfillment of the results task. All project directions inter-dependant, including provision of assistance to victims and prevention of cruel treatment in “closed institutions.” Any lobbying and the expertise of the changes will be based on the practical work in regions and the uniqueness of the regional project partners’ results. Suggested activities will effectively influence the process of preserving democratic institutes in Russian Federation. Detailed description of activities Organizing the visiting system and assistance to victims of tortures The following regions are planned to participate in the project: Non-Governmental Human Rights Committee, Krasnoyarsk Human Rights Center of Kazan, Republic of Tatarstan Perm Regional Human Rights Defender Center, Perm Regional Human Rights Organization «Person and Law», Ioshkar-Ola Public Regional Charitable Human Rights Organization The Committee “For Civil Rights” Moscow and Moscow region. The selection is made on the basis of 30 most active networking partners of MHG from regions. Considering that the project activities are limited to 5 NGOs from regions only, the project will involve into the project problematic discussions the activists from other NGOs, who will maintain contacts and be attracted as experts. The mentioned regional partners already had all negotiations with MHG on their participation in the project within the activities devoted to regional work of the project. MHG had received the preliminary agreement of their participation in the project. In case the situation shifts in negative way and any organization couldn’t be able to continue project work, we’ll attract other NGOs on the competitive basis. Final list of the regional participants will be based on consultations, indicators of active work in regional closed institutions, achievements in cooperation with local authorities. Course of Seminars – Preparation and education of public inspectors Public inspectors and staff officers of closed institutions from five regions are planned to be trained in training programs together with representatives of other regions of Russia. Public inspectors will be trained by Moscow Helsinki Group with expert assistance of the Human Rights Foundation “Social Partnership,” which has 4-year experience in performing programs of training public inspectors of places of detention. The education of public inspectors will be developed on practically tested methodic of the Public Inspector School. Educational course will be taught according to specially designed program. The Study Program will be jointly formed with the Foundation’s “Social Partnership” experts during first three project months. The Study Program will be realized throughout two 3-day seminars in regions selected by the project work group. Envisaged seminars thematic: - Experience and practices of public visiting by NGOs in Russian and NIS countries; - International standards and methods for public control; - Methods for protection of inmates and conflict-resolution; - Cooperation with institutes’ administrations and with the authorities. The educational program will be developed by the project experts on the basis of 10-year experience in Public control and in combating torture application, including experience of the past MHG programs in the similar sphere. The education materials will be printed as a collection of Study materials. Contacts among regional participants will be maintained and leveled depending on the experience and achievements sharing. The legal consultations also will be provided on the basis of experience and practice. Preparing Educational Video It is projected to produce educational video enlighten problems of cruel treatment and torture practices. The video will be later used during study sessions for future public inspectors of closed institutions and will be place for translation in local regional broadcasting channels. Video’s goal is to present the problem of motives for cruel treatment and issues of tolerant attitude of the authorities to such facts. The creation of the inspection system in regions project is based on the current NGO activity in places of detention and work of the NGO activists in the state authorities. The visiting process will be divided into three general directions. First – visiting correctional institutions will be organized through Public Councils after the regional Chief Departments of Penalty Execution (GUINs). During inspections the participants will gather and analyzed information on conformance to the European Standard rules in places of deprivation of freedom. Second – visiting temporary detention isolators (izolyatory vremennogo soderzhania, or IVS) and special reception centers under the jurisdiction of the Ministry of Interior. This work will be performed through the Public Councils created after the regional Departments of the Ministry of Interior. Special project attention will be given to work of these Councils. During visiting the information on detention conditions will be accumulated and the indemnities will be defined. Third – visiting “closed” secured hospitals and special reception centers in the system of the Ministry of Health. During visiting the environment of the maintenance will be inspected and information on observation of norms of the medical ethics will be collected. Basic institutions for inspection – Centers for juvenile detention, places where the access is unlimited, psychiatric hospitals of closed types, centers of forced placement of migrants, social internats of closed type, etc. The methodic of visiting closed institutions of various types supplies best for organizing the work of the visiting group on the principles of multi-profile (universal) public control. The visiting group will be flexible when planning visits to different regions considering regions’ specifics. The overall number of planned facilities for visiting is 20 in each of the project region, totaling in 100 institutions. While negotiation the participants begin to form inspection programs (uniform requirements for visitors). The project of these programs will be sent to every participant and after discussion a unique and uniform inspection program will be made up. The discussion on the inspection methods will serve as the basis for training for volunteers – visitors of the detention facilities. The project will not do without well-organized regular work of the monitoring committees (Nowadays there are only initiative groups that comprise from 2 to 5 members who visit penitentiary institutions irregularly). Preparation for visits will be carried out on the basis of NGOs information about the situation in closed institution. The outcome of visits is published in a report, which should be discussed at the Committees meeting and forwarded to the direction closed institutions in question. The report should inform about the fulfilled work, indicate noticed drawbacks, and suggest improvements. The reports should be regularly discussed in closed institutions administration in question. Such regular contacts with administration will help to solve many of the arising problems and conflicts. This method of public control should be defined as “mediation”. Not only inspections of detention facilities are planned during such visits. The work will be focused on conversations with convicts and custodial staff. The best way to conduct such conversations is to organize public receptions where as practice shows different questions arise, which should be legally addressed. Public receptions provide convicts and custodial staff with legal aid on different questions, in cases of disputes and conflicts, and advice on how and where to lodge a claim. Some claims can be settled without resorting to the court examination. However, many claims related to long-lasting conflicts should be addressed with the use of legal tools. This method of public control should be defined as “legal aid”. Ways and means to settle many of the claims are quite standard. But sometimes there are situations, which require much efforts, long hearings, special tools. For organizing consultation the project envisages work of the lawyers/legal experts, who will be included into the visiting groups together with regional inspectors. During the visits legal experts not only will legally assist the detainees, but also transfer their experience and knowledge to participants of regional inspecting visiting groups. Regional NGOs participating in the project will also provide their lawyers for providing legal help and legal protection for those contained in visited closed institutions. The overall number of visits is 30. Regional lawyers and experts will prepare complaints in cassation of illegitimate actions of visited closed institutions staff, assistance of such cases in public prosecution officers and in courts. The public reception for assisting victims of torture and degrading treatment will be opened in project regions. The contact details on the receptions will be disseminated via media. It is planned to reveal and prepare at least 80 cases on torture applications and ill-treatment. Upon necessity the international protection mechanisms will be applied. Although such cases couldn’t be in a great number, we plan up to five during the project period, the project experts possessing experience in preparing court cases to the ECHR will prepare needed materials and justification for such appeals. Support for cooperation among human rights NGOs with various organs of the state authorities. Cooperation with Public Councils (at regional level) Major portion of the project attention is paid to organizing cooperation with Public Councils created in regions at regional departments of Federal Penitentiary System and Ministry of Interior. Similar thematic hadn’t been dealt with yet in Russia. Meanwhile, such Councils are important as structures, implementing unique role in negotiations between the NGOs and law-enforcement bodies. Nevertheless, the precise information on work of the Councils is absent. Considering it, the project envisages three project months during which it is planned trough press-services of regional Departments of the Ministry of Interior establish contacts with representatives of Public Councils. This 3-month period allows revealing really active and working Public Councils in Russia’s regions. It is planned to prepare and appeal to Councils with various vital issues related to conditions of imprisonment and prevention of torture practices. Such work grants security for increasing role and value of authorities cooperation forms which will allow for organizing inspections. To some extent similar work had already been performed in regions. NGO representatives – the participants of the project are members of such Public Councils, some people even chair these councils. Particular interest is in Public Councils at regional departments of Ministry of Interior, these councils had started to be created only since 2005. Hence, the effectiveness of the Councils’ work had not been reached yet. Project implementers plan joint work on preparation of questions and programs for Councils’ considerations. Such work implies deep analysis of similar regional problems and preparation guidelines for further Departments’ approval. This work will be based on the reports after visiting the “closed” institutions; reports will cover general problems of the places of confinement and custody of the Ministry of Interior system. Following topics can be considered: conflict-resolution through mediators, informing convicts and prisoners on their rights and supplying for information access, legal aid, increasing level of knowledge and responsibility of the personnel when unjustified force is applied, improvement of the system of internal reporting and control, etc. At least 10 meetings of Public Councils are expected during project implementation period. Work of Public Councils will be highlighted through informational campaigning in no less than 25 regions of Russian Federation. Major component of the campaign is the webpage which will host all materials of Public Councils. We direct the efforts on collection and dissemination of positive experience and successful decisions taken by Public Councils to be represented as examples. Existing Public Councils don’t contact much among themselves, and informational support will substantially influence with increase of efficiency of their work. The materials will be developed on the basis of work data of project participants on most vital issues of police work. Beside that, the site will contain legal base of regional Councils, their member context, orders and special instructions of regional authorities accepted upon the submission by Public Councils. The NGOs will prepare and present recommendations for the Councils, which later could be used by the Councils in making decisions related to prevention of torture practices and inhuman treatment. Information Manager of the Project will create data base of Public Councils contact and establish working contacts with them. We foresee that the project Manager will prepare special (thematic) subscriptions to Councils on various topics. Part of placed on site materials will be devoted to regional work of Public Councils after regional Departments of Federal Service for Execution. The special three-day seminar is planned for the second half of the project period. This seminar will host representatives of Public Councils; the seminar program will be developed on the basis of suggestions received from Public Councils’ members. Methods, prevention of tortures in closed institutions, experience of public control in post-soviet countries, principles and methods for increasing the citizens’ trust to law-enforcement officers – these are all themes that will be included into the program. Foundation’s “Social Partnership” and Penal Reform International experts will participate in the seminar. Presenting work results and lobbying The Alternative Report will be presented in Geneva before the members of the European Committee Against Tortures by 4 experts, who after presentation will give briefing to the media and NGO representatives. The Alternative Report presentation will be organized with assistance of the Amnesty International according to the procedure set during presentations of the previous reports. For five days the experts will meet members and experts of the UN Committee Against Tortures and will give a briefing to media. The similar briefing to media will be organized in Moscow after the Russia’s Report will be presented. Methodology The methodology proposed for this project is to create a network which will conduct activities, necessary for providing reparation to torture victims and the prevention of torture in closed institutions in five regions of Russia. The process of carrying out the project itself will be a learning process for those carrying out the work in the regions of Russia. A combination of coalition and independent work will encourage those working on the prevention of torture to seek ways to develop the law and law enforcement practice in their regions. The project is implemented with the developed methods (practical organization which takes into account regional peculiarities) of public control over the places of prisons. Besides it is implemented within already existing coalition of visitors, participants of which have 10-year history of partner relations. In this respect the work is streamlined with innovational approaches – a combination of practice, analysis of the experience and publication of the results. The main methods of implementation of the project activities are grouped in the following interrelated approaches: - Development of contacts and cooperation of NGO with expert groups of regional executive authorities (for example, Public Councils). - Regular monitoring by trained NGO monitors and experts/Analysis of closed institutions: The regular monitoring of detention facilities and use of a dialogue, trials of the complaints for prisoners to report cases of ill-treatment will give an accurate and independent insight into the internal organization of closed institutions. - Advocacy activities (publicising the project findings, raising public awareness, NGO submissions to national Law-enforcement monitoring bodies) - reference in court behind protection, discussion with authorities of the reports on trips, drafting press releases to alert the media and exert immediate pressure on authorities that appear sensitive to allegations published in the media; and of comprehensive reports for national and international governmental organisations; and of complaints to the authorities so they launch inquiries and/or criminal investigations. - Unification of work to use experience in other regions of Russia. Lobbying legal changes on the basis of expert analysis of situation of the victims of torture and prevention of cruel treatment. Preparation of reports become the reasoning and space for discussion on legislation changes and legal application practices with specialists and officials of the Ministry of Interior, Federal Department of the Penitentiary of the Ministry of Justice, Ministry of Health of Russian Federation. The Alternative Report to the Committee Against Tortures makes possible the lobbying for the improvement of the legislation and law-application in Russia if international support is provided. Back |
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