Facilities

Contact with facilities and relatives during detention

The contour “The Kremlin House of Justice” provides organisational modules for relatives and representatives of a person held in custody or serving a sentence. The modules do not cancel the facility’s regime and do not replace defence counsel.

Legal limits

Detention, visits, parcels and correspondence are governed by the Criminal Executive Code of the Russian Federation, Federal Law No. 103-FZ of 15 July 1995 on detention of suspects and accused persons, and the internal regulations of pre-trial detention facilities and correctional institutions approved by the authorised federal body.

The operator of the information system is not a body of the penal system and may not require a facility to depart from its regime. Any act of a module — a queue, a parcel request, a notice — is performed only to the extent permitted by the facility and the law.

Articles 89, 91 and 92 of the Criminal Executive Code — visits, parcels and correspondence of convicted persons. Articles 17–18 of Federal Law No. 103-FZ — visits and parcels for suspects and accused persons. Article 49 of the Criminal Procedure Code — defence counsel; a defence visit is separate from visits by relatives.

Composition of modules and necessary external connections

Performance of relatives’ and representatives’ instructions presupposes programmed exchange of information with external systems. Without such exchange some acts remain a manual request to the concierge line. The modules comprise the following.

  • interaction with a communications operator for conversations with persons held in facilities (including Zona Telecom as an authorised operator of the relevant services) — within the communications contract and the facility’s rules;
  • particulars of a facility of the Federal Penal Service of Russia (address, hours for parcels and applications) — from open data and, where available, by programmed exchange;
  • taking a place in a queue for a visit or for handing in a parcel — where the facility or an authorised intermediary provides that possibility;
  • ordering a parcel: contents, weight, restrictions, the recipient;
  • collection and packing of a parcel (purchase of permitted items, packing, delivery to the reception point) — as an organisational service of the concierge line;
  • notices of the status of the request (accepted, refused by the facility, issued to the recipient, clarification required);
  • arranging contact among relatives and representatives and with the advocate — without disclosure of advocate’s secrecy to third parties.

The communications operator with facilities

Conversations with persons held in places of deprivation of liberty and in detention are arranged by communications operators admitted to provide such services. The name “Zona Telecom” is given as an example of an operator of the relevant services; connection is possible where a contract and the operator’s technical conditions exist.

Payment for conversations, identification of the caller, recording and control follow the rules of the communications operator and the facility. The operator of The Kremlin House of Justice does not circumvent control established by the law on detention.

Federal Law No. 126-FZ of 7 July 2003 on communications. Restrictions on the secrecy of communications in respect of persons in detention are laid down by criminal-executive legislation and the legislation on detention — not by a contract with the public site.

Parcels: order, collection, packing

An order for a parcel is a request for a list of items. Collection and packing are purchase and packing within what is permitted. Reception of the parcel is performed by the facility; refusal because of a prohibited item, excess weight or a breach of the timetable does not oblige the facility to accept the goods again without a new request.

Medicines, technical devices, money and documents are handed over only in the manner established by the facility’s rules. An attempt to enclose a prohibited item entails refusal of the service and, where an offence is made out, a report to the authorised bodies.

Notices and the circle of relatives

Notices of status (queue, parcel, refusal) are sent to persons named by the applicant, subject to consent to processing of personal data. The emergency-contact circle in the cabinet does not replace the facility’s permission for a visit.

A representative under a power of attorney acts within that power. Defence counsel acts on the basis of an agreement or appointment. Mixing of roles (“I will hand it over as an advocate, though I am a relative”) the facility is entitled not to accept.

Federal Law No. 152-FZ — personal data of relatives and of the person held. Article 6 of Federal Law No. 103-FZ — rights of suspects and accused persons, including visits with defence counsel and with relatives in the established manner.

Foreign nationals and other jurisdictions

If the person held is a foreign national, visits and consular notification are governed, in addition to Russian law, by the Vienna Convention on Consular Relations of 1963 (to the extent the Russian Federation participates) and by bilateral treaties. The module does not replace a consular post.

Communications and parcel services in foreign facilities are not promised by this contour until separate contracts with local operators are concluded and the local regime is ascertained.

Request concerning a facility

State the facility, the surname of the person held and the required act: a queue, a parcel, notice to relatives. This does not replace an agreement with defence counsel.