«If you are ill, stay in a bed. Supreme Court of the Russian Federation doesn’t agree with it

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«Ты больной — лежи в кровати»: с такой позицией Верховный суд РФ не согласился

Today on June 6th 2014 Supreme court of the Russian Federation studied the petition of convicts Denis Finogenov, Vitaly Knyazev, Rustam Shamayev and attorney Roman Kachanov.

The point of the case was to challenge Order № 119 of Ministry of Health and social development of the Russian Federation and № 640 of Ministry of Justice of the Russian Federation from 17.10.2005 «On medical treatment for convicts». These documents include prohibition of meetings with convicts in medical correctional facilities due to the fact that these meetings may have negative influence on health condition. Decision of such prohibition is made by hospital chief according to written conclusion of doctor and chief department.

In Sverdlovsk region, particularly in penal colony №2 this statement is used to prohibit meetings with convicts for human rights defenders and attorneys when prisoners are subjects to tortures and humiliation…

In January of 2013 Human rights defenders of the Urals wrote about anticonstitutional practice in penal colony № 2 in Sverdlovsk region.

Finally today this case was resolved in Supreme Court of Russia. Attorney Roman Kachanov, as well as representatives of convicts Larisa Zakharova and Svetlana Malyugina explained all grounds upon which № 119 breaches convicts’ rights in legal help from attorneys and human rights defenders.

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Presiding judge Nilokay  Romanenkov understood the problem since the very beginning of court  hearing.

Sometimes presiding judge couldn’t handle stupid arguments from representatives of Ministry of Justice and Ministry of Health — he sarcastically spoke out. For instance: » I was roped in without being consulted» judge said to representatives of Ministry of Justice regarding to the fact that convicts are not even asked if they want to get legal consultations or not. Or: «if you are ill, stay in bed» — to the opinion of representative of Ministry of Health that meetings with attorneys may have negative influence on his health condition.

Petition of convicts, attorney and representatives were satisfied by court decision.

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We will post decision on the site: «Human rights defenders of the Urals as soon as we get it.

Now we can say that colony officers of any correctional facility across the country will not be able to obstruct human rights defenders and attorneys.

Human rights defenders of the Urals.

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