Since last summer, a controversial clause has appeared in the internal regulations (IVR) of the FSIN, which states: “no more than two adults are allowed to meet with suspects or accused persons at the same time.” At the same time, there is not a word in the document about children under 18 years of age. For this reason, in different pre-trial detention centers, the innovation began to be interpreted as they see it. Somewhere it was considered that if it is not prohibited, it is allowed, but somewhere, on the contrary, referring to this document, they stopped allowing prisoners to have visits with young children.
Complaints from relatives were previously sent to the Russian Ministry of Justice. People demanded a clear explanation of the requirements of the temporary residence permit, but to this day the ministry has not adequately responded to citizens’ letters.
But recently the court put an end to this story.
In October last year, the wife of the former head of the Serpukhov district of the Moscow region, Alexandra Shestun, submitted an application on behalf of herself and her minor son for a meeting with her husband, who was at that moment in pre-trial detention center No. 1 in the city of Kaluga. But on the day when the meeting was scheduled, the FSIN officers, referring to that very temporary temporary detention center, did not allow the child to see the father. The arguments that there is not a word about minors in the rules did not have any effect on the Kaluga FSIN officers. And immediately after the incident, Alexander Shestun filed a lawsuit demanding that the actions of the detention center employees be declared illegal.
After listening to the arguments of both sides, the court came to the conclusion that the actions of the leadership of Kaluga pre-trial detention center No. 1 were unlawful and the refusal to allow Alexander Shestun to visit his son was illegal.
Thus, without waiting for clarification from the Ministry of Justice, in the course of the case “Shestun v. Pre-trial Detention Center of the City of Kaluga” a precedent was created on the basis of which relatives of other prisoners can now demand permission to visit their minor children!
“ВЧК ОГПУ”