Frunzenskiy court observes a right to defense, when administration of «Vladimirskiy central» doesn’t

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Позиция «регионов» по вопросу доступности бесплатной юридической помощи заключенным

On 20-21 February 2015 there was a human rights trip into Vladimir in order to provide convicts with legal help at the prison № 2 («Vladimirsky central») and to take part in court hearing. Human rights defenders: lawyer Roman Kachanov and expert of «Transregional center of human rights» and expert of NGO «LEGAL BASIS» Tatyana Khmelnitskaya.

On 21 February defenders of the Urals participated in court hearing of the Frunzensky regional court of Vladimir which is located not far away from «Vladimirsky central». An appeal of lawyer Roman Kachanov about including convict P.’s time while being in pretrial detention centers into term of imprisonment.

Увед- еIt should be noted that defenders were surprised that before trial judge M. A. Baryshev had satisfied appeal of convict P (filed before) about admission as a defender Tatyana Khmelnitskaya for trial.

It doesn’t happen often, because Roman Kachanov and Tatyana Khmelnitskaya remember trials in Republic Komi where against the Law, court of the first instance and Supreme Court refused to satisfy appeals of convict T. about admission for Tatyana Khmelnitskaya upon unreasonable things.

Unfortunately, judge M. A. Baryshev has dismissed appeal about including convict P.’s time while being in pretrial detention centers into term of imprisonment. He has explained it that penitentiary regime for convict P. was given because of disciplinary violations when he was serving under strict regime. According to judge, in one of the decisions of the Constitutional Court refers this defalk to fact of penitentiary regime under sentence. Defenders want to challenge this decision soon.

However, in the course of visit by lawyer Roman Kachanov to convict P. at the prison, he faced facts of violations by jailers.

To begin with, lawyer was admitted there only at 3 pm, although he filed a request at 8 am and he was first in the line. One hour more officers needed  to bring convict P. for meeting with lawyer and about 30 minutes to take him back. It’s obvious that lawyers who were behind Kachanov couldn’t make it at all.

Then Roman Kachanov faced other «surprises» made by administration. He was brought into another building, in new room for meetings where he had never had meetings before. It’s okay but he knew administration won’t stay aside. This room was completely divided with iron grille from floor to ceiling, without windows for documents and stuff. But there is some iron tiny door  which is locked. Kachanov demanded to unlock this door but officer refused.

The most interesting things is that before each meeting officers ask convict to write a statement for a meeting. Convict P. didn’t refuse to do it, he always points out that he wants to have confidential meeting without officers…

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In response to the question of Roman Kachanov how can he give documents to convict P. he officer responded that he must call up an officer all the time. However, any officer (especially, Evgeniy Anatolyevich) any time he passed documents he was reading them.

Upon violated right of convict P. to defense he wrote an explanation.

Law about confidential meetings at the prison № 2  was completely violated in the Vladimir region.

Meanwhile, Roman Kachanov already has cases when judges declared acts of administration to be unlawful in confidential meetings denials.

Thus, the same case and trial will be against the prison № 2 of Vladimir which is well-known for violations of rights of convicts, their relatives and defenders.

Human rights defenders of the Urals

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