Power disparity faced by the Ombudsman
In a recent working group meeting held by the State Duma, the institution of human rights commissioners in Russia's regions was under discussion. The meeting, which took place on September 3, aimed to improve the role and powers of regional ombudsmen.
Kommersant reported that the institute of regional ombudsmen, regulated by a law passed in 2020, has become a reliable protector of those in need of help and support. The Altai krai human rights ombudsman, Anton Vasiliev, suggested that limiting an ombudsman's powers to two terms affects the independence of decisions and the stability of their activity.
According to Russian human rights commissioner Tatiana Moskalkova, commissioners now exist in all 89 regions, although this is a right, not an obligation, for the regions. Moskalkova noted that the demand for ombudsmen became particularly apparent during the pandemic and then during the SVO.
Proposals have been made to grant commissioners certain procedural rights, including access to criminal case materials, the ability to provide conclusions in court proceedings, and 'witness immunity' (the right to refuse to testify). Valery Levin, the human rights ombudsman from Mordovia, proposed giving ombudsmen the right to draw up protocols and introducing the practice of appointing temporary ombudsmen in response to specific situations.
It is proposed to allow commissioners to freely visit military units and detention facilities, not just for specific complaints, but also for monitoring purposes. However, the Federal Penitentiary Service and the Prosecutor General's Office have expressed doubts about this idea, fearing it would grant the ombudsman institution control functions.
Svetlana Kuznetsova from the Ministry of Justice highlighted that there are "delicate and very complex issues" such as access to medical data, but the department is ready to discuss them. Yanа Lantratova, chairperson of the Duma committee on civil society development, promised that the committee will summarize the comments from the agencies and only then decide on submitting amendments to the legislation.
Dmitry Astashkin from the Investigative Committee stated that the proposed changes would expand the powers of regional ombudsmen compared to the federal ombudsman. The Prosecutor General's Office and the Federal Penitentiary Service have already sent their comments to the committee, but the search results do not contain any information regarding their arguments for these changes.
The institute of regional ombudsmen was initially assumed to counter violations by the authorities, but it has been found that there are no violations by the authorities, but the institute is in demand. Ksenia Veretennikova is the author of the article.
Yana Lantratova, chairperson of the Duma committee on civil society development, noted that the role of human rights commissioners has significantly increased since the start of the SVO. The future developments in the institution of regional ombudsmen are expected to further strengthen their role in protecting the rights and interests of citizens in Russia.
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