The constitutional court allowed extended visits inmates serving life sentences, so they could conceive children
A ban on extended visits for life prisoners with their wives earlier than 10 years from the date of arrest contrary to the fundamental law of the country, decided the constitutional court of the Russian Federation and agreed to amend the legislation so that such inmates had the opportunity to conceive children naturally and “as natural as possible to maintain and strengthen family relationships.” This follows from the decision of the COP, published on the website of the Supreme court of the country.
The reason for the consideration the constitutional court of the constitutionality of paragraph “b” of part 3 of article 125 and part 3 of article 127 of the Criminal Executive code (CEC) of the Russian Federation was the request of the Vologda regional court and the complaint of the spouses of Nicholas and Veronica Queen.
Korolev, who was convicted for multiple convictions of 15 may 2008 and April 10, 2012 to life imprisonment, who arrived in the colony of special regime in the Yamalo-Nenets Autonomous district on 13 may 2009 and is serving a sentence in stringent conditions, and his wife, a marriage which was concluded on 9 September 2009, have repeatedly appealed to the Federal service of execution of punishments (FSIN) with a request to grant them long visits, but in vain.
FSIN explained the refusal by that long meeting, you can provide only the translation of the convicted person from strict conditions of serving the sentence in the usual, and this (according to part 3 of article 127 of the PEC) is only possible after at least 10 years from the date of detention, in the absence of sanctions in the form of placement in solitary confinement.
In the case of the Queen a long meeting with his wife, he was going down no earlier than 2019 in accordance with the same part 3 of article 127 of the PEC. However, according to paragraph “b” of part 3 of article 125 of the PEC, convicts serving sentences in correctional colonies of special regime under strict conditions, allowed to have two short visits during the year, stated in the COP.
Babushkinsky district court of Moscow, having considered the administrative claim of the spouses the Queen on the recognition illegal refusal of administration of a colony, where is serving a sentence of Queens, to provide them with long visits, 9 February 2016, declared the refusal unlawful and ordered the prison administration to re-consider this issue.
However, the appeal determination of judicial Board on administrative cases of the Moscow city court of 4 July 2016 the district court’s decision was reversed and a new decision – on refusal in satisfaction of the
the stated requirements.
According to Kovalev, the provisions of paragraph “b” of part 3 of article 125 and part 3 of article 127 of the weekend to the extent that they establish for prisoners sentenced to life imprisonment the absolute prohibition of long visits for at least the first 10 years of prison – rule out natural conception of a child that failure of assisted reproductive technologies is cruel and inhuman treatment and punishment, a violation of the right to family life, and thereby contradict part 4 of article 15 and articles 21 and 23 of the Constitution of the Russian Federation, as well as articles 3 and 8 of the Convention for the protection of human rights and fundamental freedoms in their interpretation by the European court of human rights (ECHR).
In the end, the COP decided to accept the provisions of paragraph “b” of part 3 of article 125 and part 3 of article 127 of the Penal code – to the extent that they exclude the possibility of granting extended visits to convicts serving life imprisonment for the first 10 years of punishment, is not relevant to part 4 of article 15, part 1 article 17, part 1 article 23 and part 3 of article 55 of the Constitution in conjunction with article 8 of the Convention for the protection of human rights and fundamental freedoms in its interpretation of the ECHR.
“In this connection, the Federal legislator must establish the conditions and procedure for implementation of persons sentenced to life imprisonment,
the right to extended visits”, – stated in the decision of the constitutional court. Before making any legal regulation changes resulting from this decision, inmates serving life sentences should be offered the opportunity to have one long meeting a year with the persons specified in part 2 of article 89 of the PEC, the document says.
The decision of the constitutional court is final and is not subject to appeal, comes into force from the day of official publication, acts directly and requires no confirmation by other bodies and officials. The COP told me to immediately publish the document in the “Russian newspaper”, “Meeting of the legislation of the Russian Federation” and on the official Internet portal of legal information.