On 30 April 2015 a panel discussion was held at the Public Chamber of the Russian Federation where defenders, lawyers and representatives of the Federal Migration Service were discussing problems of foreign citizens placed in special institution for temporary accommodation of foreign people for further deportation and readmission.
In discussion participated Director of Association «Legal Basis» Aleksey Sokolov and lawyer, Chairman of «Transregional center of human rights» Roman Kachanov.
Recommendations on public inspection of Rules for Accommodation for foreign citizens at the special facilities of Federal Migration Service have been put forward.
By governmental decree from 30 December 2103 № 1306 «On establishment of Rules for Accommodation for foreign citizens who are subjects to administrative expulsion from the Russian Federation at the special facilities of Federal Migration Service » were set appropriate statements.
Practical application let to point out some violation of human rights.
To correct a violation participants of panel discussion recommend:
- to the Federal Migration Service of the Russian Federation:
1.1 to issue a protocol for liaison between them and Public Monitoring Committee
- to Government to make amendments into ruling, providing:
2.1. adoption of internal rules in the special facilities not by its head (as it’s supposed to be under p.2 of Ruling) but the Federal Migration Service in cooperation with General Procuracy of the Russian Federation:
2.2. to edit part 2 and 3 with «At the special institutions there are living conditions for foreign citizens which meet demands about hygiene, sanitary and fire security as well as human dignity and rights in general».
2.4. in p. 10 a right to use cell phone not less than once a day should be mentioned; officers should provide foreign citizens with chargers for phones.
2.5. in p. 11:
-compulsory provision of bed clothing;
— detainment in cells is not possible;
2.6. in p. 13 foreign citizens with marks of mental illness are should be isolated only in a case of danger to others.
2.7. in p.14 in a list of people who may be at the same institution to add uncles, aunts and nephews of the same gender.
2.8. in p.18 temperature should be kept not below 20 C but nor above 25 C during cold season. Also to cover aerification not less than 21 %.
2.9. in p. 18 to add that a citizen having bodily harm, should be registered in special log of incidents and injuries; one copy is given to a citizen; another one goes into personal files, and one more goes to Prosecutor office with explanations.
2.10. in p.19 time for medical examination on tuberculosis should be shortened to one day.
2.11. in p. 20 to add words that if it is necessary to provide for citizens with medical treatment which doesn’t go under Medical treatment provision for foreign citizens from 6 March 2013 № 186, this help is given for free or foreign citizen set free in order to get this help himself outside the territory of the Russian Federation.
2.12. in p. 22 of Medical workers’ rules to add:
-conduct of preliminary medical examination for foreign citizens;
— control for food quality;
-control for individual program of disabled if there are invalids;
2.13. in p. 24 to mention that it’s forbidden to put people who might infect each other.
2.15. in p. 29 to add: «Medical staff do daily check-ups in order to inspect sanitary conditions of premise».
2.16. in p. 31 to cross off words that medical records are given to foreign citizen only if he asks for to do it.
2.17. in p. 34 to add that patients are provided with medication which facility possesses if it is necessary or prescribed by any doctors.
2.18. in p. 41 to point out that foodstuff, medical and sanitary provision is given according to standards of the Russian Federation.
2.19. in p. 41 (e) to point out that 8-hours sleep should be unbroken.
2.20. to set that weigh of food parcels might be 20 kg.;
2.21. to add in p. 41 such rights as:
— to send complaints about decisions made my bodies;
-to receive books and periodicals;
-to receive board games;
-to buy food stuff or necessary stuff for their own money or transferred by relatives.
2.22. in p. 41 (i) to point out that smoking sections should be available during a day.
2.23. out of art. 43 to cross off words: it’s forbidden to refuse to obey orders of officers;
2.24. to add words: «it’s forbidden to employ foreign citizens in the facility without their agreement».
2.25. in p.47 to set that foreign citizens are kept into facility until appropriate decision about administrative expulsion comes into effort but not for more than 3 months.
2.26. to set that foreign citizens cannot be held into locked premises.
These recommendations are at the stage of discussion and in final form they will be sent into different bodies.
Human rights defenders of the Urals