THE RIGHT OF SUSPECTS, ACCUSED AND CONVICTED PERSONS TO COMPENSATION FOR VIOLATIONS OF CONDITIONS OF DETENTION IN CORRECTIONAL INSTITUTIONS AND PLACES OF DETENTION
Mamontova A.A.
Tomsk IPKR of the FPS of Russia (Tomsk, Russia), teacher of the Department of the Organization of the Execution of Punishments.
Annotation:
Ensuring proper conditions of detention in places of detention and correctional institutions has been a major requirement for the past decades, attracting the attention of not only the public, but also the international community. At the international level, in the middle of the XX century, a fundamental document was adopted, including the prohibition of torture and cruel or degrading treatment or punishment (the Convention for the protection of human rights and fundamental freedoms of 1950). The establishment of such a ban implies the availability of appropriate compensation in case of violation of the requirements for proper treatment, including with suspects, accused and convicted persons.
One of the most effective mechanisms for protecting a violated right is to appeal to the European Court of human rights, which has repeatedly pointed out the imperfection of the legal regulation of compensation for violations of the conditions of detention of prisoners in the Russian Federation. However, our state is currently on the way to improve national legislation in this area.
Keywords:
international standards for the treatment of prisoners; compensation for violations of conditions of detention; European Court of human rights; penal law; places of deprivation of liberty; detention.
