In the spring of 2013 the Prosecutor in the city of Artem, after

In the spring of 2013 the Prosecutor in the city of Artem, after an inspection of the temporary detention facility (IVS) of the urban OMVD, filed the claim to the city court in the protection of an indefinite number of persons Under the protection of the Prosecutor were people who were in the status of the detainees and suspects and detained at the IVS. In his statement of claim , which had been reviewed 22 April 2013 in court in the city of Artem, city Prosecutor pointed out that in the course of the inspection it - conditions of detention in the IVS of the accused and suspects do not correspond to article 3 of the Convention for the protection of human rights and fundamental freedoms» (Enclosed in Rome 04111950), the Constitution of the Russian Federation, most of the requirements of the Federal law «On the custody of suspects and accused of committing a crime of 15071995 № 103-FZ, as well as the requirements of the internal Regulations of temporary detention centers for suspects and accused persons in the bodies of internal Affairs, approved by the Order of Ministry of 95022 November 2005. Check showed IVS OMVD Russia, Artem does not have a proper set of space under the instruction актированию objects of internal Affairs bodies (police) of the Ministry of internal Affairs of the Russian Federation JV-12-95 not equipped with an exercise yard for persons detained in the temporary detention facility no pantries for clean and dirty underwear, bedding. The suspect and the accused are given mattresses, blankets, but they after the departure of the detained are not subjected to дезкамерной processing. Camera IVS are not equipped радиодинамиком for broadcasting of the national programs. In the cells are not created necessary conditions for storage of personal belongings, soap supplies. In all IVS chambers OMVD RF, Artem there are no lockers for storage of individual accessories and products. Bathroom in one of the cells does not meet the requirements of privacy and is contained in poor sanitary conditions. In the IVS no change room with camera disinfection, therefore, not being processed delivered persons, that is, thereby requirements are not enforced p. 11 of Instructions on the procedure of provision of medical care to persons held in the detention centers of internal Affairs bodies (approved by Orders of the Ministry of internal Affairs of the Russian Federation №1115 and the Ministry of health of the Russian Federation №475 of 3112199 year). The Prosecutor asked the court to impose the obligation on OMVD Russia, Artem eliminate the existing comments. April 22 Artyomovsk city court ruled: the Department of the interior Ministry, Artem impose the obligation in the period up to 9 months from the date of the court decision enters into legal force to eliminate all these violations. Representatives of the Ministry of internal Affairs in Primorsky Krai, challenged the decision of Artemivsk city court in the Primorskii regional court. June 252013 the appeals court of the Primorsky regional court considered the complaint. The representative of the Respondent OMVD Russia, Artem in the court session of protest against the claims, submitted a written response, in which it noted that despite the fact that OMVD Russia, Artem is a separate legal entity, without the allocation of material and technical means from the Federal budget, to make repair of the detention facility, to carry out technical maintenance of IVS possibility does not. Ministry of internal Affairs of Russia, Artem in the management of the Ministry of internal Affairs of Russia for the Primorsky Krai in the period from 2008 to the present repeatedly sent applications for the implementation of priority and capital repair works of used objects of the real estate, the report on the allocation of money for repair of the detention facility renovation chambers, fencing, equipment exercise yard, the installation of radio broadcasting, sanitary equipment (shower), the acquisition of additional cameras internal and external observation. However, funding for the needs of the institution OMVD Russia, Artem is not possible. Requested in meeting the demands of the Prosecutor to refuse. In the court session the representative of the third party - the Ministry of internal Affairs in Primorsky Krai explained that the grounds for satisfaction of the claims of the Prosecutor is not available, since the financing of Artemovsky Department is carried out at the expense of the Federal budget in 2011 from the Federal budget allocated 400000 rubles. In addition, the address of the head of the Department of rear Ministry of internal Affairs of Russia sent proposals on the necessity of construction of a new building of the IVS. Also explained that in 2012 the overhaul of the IVS OMVD Russia's г.Артему limits have not been publicly available. In addition, indicated that the fulfilment of certain requirements currently impossible since the building of the IVS of the old buildings and it lacks premises to equip the visiting room and storerooms. Also indicated that the period for performance of all works is too short. In the court session the representative of the Department of major repair and capital construction of the Ministry of internal Affairs of Russia for the Primorsky Krai as a specialist explained that the allocation of money for repair and equipment of the IAB is made on preliminary applications. The volume of the works required is determined in the course of inspections, but often funding is provided not in full. Also explained that if the execution goes judicial act, Pets reallocation of available funds. In the court session the head of the IVS OMVD Russia, Artem as the specialist explained that his forces to carry out reconstruction, repair and installation of new equipment IVS is not possible, because it is financed from the Federal budget. As boss insulator explained that in the IVS has an exercise yard, but for walks not in use because there are not enough guards. Also in accordance with the requirement of item 132 of the Rules it is not equipped, there is no barrier from the rain. Room for meetings in the IVS no, because there is no superfluous room, also no change room, because it install in mind the lack of premises. The cells have hangers and shelves, but there are no lockers for safekeeping. Радиодинамиков in cells no. Explained that in cell no. 8 bathroom does not meet the requirements of privacy, but no measures are taken, because it needs a major overhaul of the entire room, also not available pantries for clean and dirty underwear, because TDF has excess premises. System automatic fire alarm system is installed, but it's obsolete and unserviceable, fire warning systems also not available. Fire extinguishers are, but old. Explained that sockets and switches must be changed, but after the repair of the old wiring. Regarding training on fire safety measures explained that training for all time of service in the job (6 years), was still there. Pointed out that in accordance with the Order of the Ministry of internal Affairs of Russia № 140 of 2006 the door in the IVS should be opened inside. Having considered the complaint, Primorsky regional court directed the decision of Artemovsk city court of the Primorsky territory on April 222013 leave without changes. The regional court also pointed out that the reference in the appeal to the insufficient financial support and a lack of established by the court deadline to remedy the violation, the revocation of the adopted decision does not entail, because it does not eliminate the obligation of the Respondent to comply with the requirements of the Federal law «On the custody of suspects and persons committing crimes and to prevent violations of rights and legitimate interests of suspects and accused in detention. Thus it remains only to wait for the moment when the Prosecutor of the city of Artem can secure the reconstruction of IVS OMVD on, Artem. The author is grateful to the press-Secretary of the Primorsky regional court Maria Litovchenko for assistance in preparing the material

Ivan Severe