After a criminal trial court convicts a person, the status of the defendant is immediately changed to another. Now that the guilt of the criminal has been proven and the punishment for him has been determined, he is called a convicted person.
People held in prisons also have a wide range of rights and can use them. Let us consider in this article what exactly are known the rights of convicts in court, as well as some features of their use.
Legal regulation
Legal regulation of the concept under consideration is carried out on the basis of the legislation that is currently valid in the territory of the Russian Federation. It should be noted that the basic idea of protecting the rights of convicts is set out in some international regulatory acts, as well as in treaties and conventions. A striking example of such a document is the Convention against Torture, which was adopted in 1984.
Special attention should be paid to such a document as the Declaration of Human Rights - it also outlines the basic rights of persons serving sentences in specialized institutions. In 1955, at a UN Congress, a set of rules for the treatment of prisoners was adopted, the provisions of which are still used by Russian lawmakers in the development of new acts prescribing the rights of people in places of deprivation of liberty.
As regards regulatory acts adopted and in force in the Russian Federation, the Criminal Executive Code of the Russian Federation most widely addresses the topic of the rights of convicts, article 12 of which provides a full list of the rights that convicts serving sentences in places of deprivation of liberty can enjoy. The main provisions are also presented in the Constitution of the Russian Federation, which enshrines certain principles that must be followed when carrying out any type of activity with respect to prisoners.
Basic principles
It should be noted that all the legal possibilities of prisoners are based solely on the principles established by international law and treaties. In each of them the foundation is laid - recognition of human dignity. This implies the impossibility of depriving a person of his basic rights, even if he committed a crime. Fundamental principles also include equality, humanity and democracy.
So, we will consider in the following sections all the main features of the rights of convicts that this group of persons has in Russia.
Right to Information
First of all, one should pay attention to the fact that all those convicts who are in places of deprivation of liberty have the right to receive information regarding their basic legal capabilities and ways of protecting interests. The scope of this right also includes information regarding the particulars of serving a sentence for a crime committed by him and the time period during which it will be carried out.
All information that relates directly to the prisoner and the process of serving his sentence must be provided by the administration of the place of deprivation of liberty. As for the submission of information, it can be done both in writing and in oral form. An oral answer is possible when a brief question arrives, and a written one is appropriate when the prisoner submits the whole appeal.
Prisoners, while in prison, have the right to information from various open sources.In particular, they are given the opportunity to read the information presented on the stands installed in places of deprivation of liberty in books (often legal literature is provided for educational purposes). They also have the right to attend lectures organized by the staff of the pre-trial detention center.
The right to courteous treatment
All convicted persons have the right to politely appeal to them on the part of the staff of the institution in which they are being held. The rules establish that in the educational colonies the wording “you” is allowed, and in all the rest, the appeal is exclusively to “you”.
The UN Convention against Torture states that every person, including a prisoner, has the right to a humane attitude towards him that does not infringe on personal dignity, and the Constitution of the Russian Federation states that any person has the right to politely address him.
Medical Rights
Does the convict have the right to provide medical care? Yes, it has. Moreover, such a legal opportunity is prescribed by several regulatory acts of an international and domestic nature. Moreover, in Russian pre-trial detention centers and colonies, medical assistance can be provided even if the person does not have adequate insurance. It should be noted that this right of convicts originates from the Constitution of the state, in Art. 41 which states that the protection of the health of any person should be carried out in an appropriate manner.
Within the framework of the provisions presented in the indicated legislation, both those who are kept in the colonies can be provided with both emergency and primary medical care. Moreover, if necessary, the patient can be placed in an outpatient clinic or in a hospital, if any, are provided in the colony. In the absence of such a department at the institution where the sentence is being served, the patient may be transferred to the nearest pre-trial detention center in which it is available.
The legislation in force in the Russian Federation categorically prohibits the conduct of any medical or scientific experiments, as well as research, on prisoners. However, if the written consent of the convict himself was obtained for such actions, their implementation is not prohibited.
Right of appeal
One of the most important rights of persons sentenced to deprivation of liberty is the possibility of making appeals. In Art. 12 of the Criminal Executive Code of the Russian Federation states that this group of persons has the right to submit applications, complaints and proposals to the administration of the institution where the sentence is being served, or to higher authorities, which may include the court, prosecutor's office, and self-government bodies in the field, ombudsman, etc.
All complaints can be filed in accordance with the provisions presented in the PEC of the Russian Federation, as well as the Federal Law "On the Procedure for Considering Citizens' Appeals." Such sources indicate that all proposals can be stated both in writing and orally. There is no single application form. The basic rule regarding them is the lack of anonymity. Collective complaints are also prohibited.
Each document submitted by the prisoner must be recorded in a separate journal. After this procedure, a letter must be sent within one day, the implementation of which is entrusted to the administration of the place of detention of convicted persons.
Convicted persons have the right to keep the content of their appeal secret, and therefore the administration of the institution cannot familiarize themselves with the submitted papers and censor them. In the event that the appeal is addressed to the court, then, along with a sealed envelope containing the document, a characteristic must be sent to the prisoner.
Practice shows that all appeals filed by prisoners are considered by recipients within 30 calendar days.All the answers they send to the prisoner should initially be delivered to the special department available at the colony and only after that they should be delivered to the prisoner (no later than 3 days after receiving the letter). In practice, there are situations when a prisoner refuses to accept a letter - in this case, a corresponding note is put in the correspondence journal.
The right to use the mother tongue
Persons sentenced to deprivation of liberty have the right to use their native language, in which they can give any explanations in the courtroom or to employees of institutions where prisoners are held, write complaints, appeals, and also correspond. If necessary, in order to clarify the meaning of everything said and written, the prisoner can use the free translation services. All answers to inquiries, complaints and applications must be provided in the language in which the original document was written. The body executing the punishment may translate the document into the state language.
The right to psychological assistance
The rights and freedoms of convicted persons include the legal opportunity to receive psychological assistance, which can be provided if necessary. It can be provided by employees of the specialized service of the pre-trial detention center, as well as those persons who, due to their professional abilities and the availability of appropriate education, can provide it. The legislator determines that a psychological service must be created at each correctional institution, the specialists of which can provide qualified assistance.
As part of special programs, the psychological department’s service staff can conduct free seminars, trainings, lectures and, in some cases, psychotherapy sessions for prisoners, which help to improve the morale of prisoners.
The legislator also provides convicts with the opportunity to invite a private psychologist. In this case, his services will be paid exclusively from the prisoner's personal funds.
Social Security
Are convicts entitled to social security? Yes they do. The legislator notes that the group of persons under consideration may be given the opportunity to receive benefits in the event of insured events, as well as pensions and various other payments provided by the legislation on social insurance. However, it should be noted that only those convicts who work in the colony where the sentence is being served can use such opportunities.
The right to legal assistance
Obtaining legal assistance in the required amount is another right of convicts to imprisonment. This right provides the considered group of people with the opportunity to use the services of professional lawyers, as well as some other persons who, due to their specific knowledge, are able to provide legal assistance. The latter group may include guardians, employees of foreign diplomatic missions, representatives of organizations established on a voluntary basis, etc.
The rights of criminal convicted persons also include the possibility of using the services of a lawyer in any amount. In other words, the procedure for communicating with him cannot be limited in time. The legislator also allows written communication between prisoners and personal lawyers. The procedure for sending and receiving correspondence in this case is the same as in the case of filing appeals. The information contained in the correspondence must be completely confidential.However, if the employees of the institution where the sentence is being served have reliable information that the crime is being prepared in this way, they have the right to familiarize themselves with the contents of the letters. Such activities are carried out exclusively by order of the head of the institution.
Personal safety
In accordance with applicable law, the basic rights of convicts include respect for the personal safety of detainees.
In order to ensure that this right is adequately ensured, the system of institutions entrusted with the responsibility for the enforcement of sentences works exclusively according to the developed plans, precisely implementing all the measures that are required to ensure the safety of prisoners. These include, first of all, conducting round-the-clock surveillance, operational surveillance and video surveillance of everything that happens in the detention cells.
In order to properly ensure this right of a convicted person, in the event that certain threats to the life, health and safety of the prisoner are identified, the colony officers must act in strict accordance with the established rules. First of all, when a danger is detected (in practice this often happens by providing a written or oral statement), the administration of the SIZO is obliged to transfer the prisoner to a safe place, which, as a rule, is a separate cell.
Practice shows that a person’s stay in such a place is no more than three months. During the allotted time, representatives of the administration should apply certain measures of influence or punishment on those prisoners who threatened the personal safety of the convict.
In the event that the threat situation has occurred instantly and is urgent, decisions may be made by the duty officer, who is currently on duty, instead of the head of the SIZO. After the head of the colony arrives at the scene, these powers are transferred to him.
Religion
The legislation established that any person has the right to freedom of religion. This rule applies not only to all prisoners - it applies to probationers. The right to freedom of religion also includes the absence of the need to communicate to others about their preferences in the field of religion.
It should be noted that today prisoners can more widely use their religious rights than before 1990. Currently, within the colonies, religious ceremonies are allowed, which was previously prohibited.
In the event that the religious rights of the person serving the sentence have been violated, representatives of the administration of the SIZO, as well as other persons, may be punished by paying a large fine (100,000 rubles) or imprisonment for up to 1 year. However, in practice there are practically no such cases, since chapels and small churches have been built on the territories of almost all colonies, which you can visit if you wish.
Political Rights
Special attention should be paid to the presence of political rights of convicts. In the Russian Federation, persons in custody cannot participate in elections of any level. The absence of such a right is enshrined in the Constitution of the Russian Federation (Article 42).
It should be noted that such a ban does not apply to those who are in pre-trial detention facilities, due to the fact that people who are in institutions of this type have not yet been found guilty, as there is no corresponding court decision in respect of them.
Today, the issue of granting prisoners serving sentences the right to vote in elections is widely discussed in the international political arena.In 2013, the Human Rights Court made an official recommendation on this, while a court in Strasbourg noted that such a ban is a direct violation of the provisions presented in the European Convention on Human Rights.
Education
One of the types of rights of convicts concerns obtaining education, even during their stay in places of deprivation of liberty. The regulations state that, despite imprisonment, prisoners have the right to general and vocational education, as well as to vocational training.
A similar right can be realized with the help of specialized educational institutions that are created at many colonies in the Russian Federation. The legislator considers the fact of receiving education as one of the main ways to correct a citizen who has violated the law. It is also established in normative acts that all persons who have not reached the age of 30 while serving their sentences are required to receive at least secondary education.
Prisoner Responsibilities
The basic list of rights and obligations of convicted persons is contained in Art. 12 PEC RF. This source says that the basic duties of prisoners include respecting and respecting the rights of others, as well as observing not only the order, but also the conditions for serving the sentence.
In the event that a person for some reason refuses to fulfill his basic duties, superior persons have the full right to refuse to consider all complaints and appeals that he submits, as well as to satisfy them.