Telephone communications in prisons

2023: Putin imposes prison sentences for bringing phones into colony

The president Russia Vladimir Putin signed two laws that toughen the punishment for using mobile phone carrying in the colony. In accordance with one of the documents (published on December 19, 2023), for the re-transfer of devices to places of detention, a maximum sentence of two years in prison will face. At the same time, milder penalties are also provided: a fine from 100 thousand to 300 thousand, in rubles the amount of the convict's salary for an annual or two-year period, as well as forced labor.

The second law introduces amendments to Art. 19.12 of the Code of Administrative Offenses of the Russian Federation, strengthening administrative responsibility for the transfer or attempt to transfer items to the serving sentence, the acquisition, use and storage of which by this person is prohibited by law. It is supposed to introduce penalties in the form of a fine from 5 thousand to 10 thousand rubles (previously the fine was from 3 thousand to 5 thousand rubles) with the subsequent confiscation of prohibited items. At the same time, the transfer of communications means is displayed in a separate category and involves a fine in the amount of 25 thousand to 50 thousand rubles. At the same time, all citizens, including employees of law enforcement agencies, the military and others, will be subject to this law on a general basis.

Vladimir Putin signed two laws that toughen the punishment for using mobile phone carrying in the colony

The bill with amendments to the Administrative Code was introduced in May 2023 by deputies of United Russia, headed by Alexander Khinshtein, chairman of the information policy committee. In the first reading, the draft was adopted in July 2023. Later, amendments were proposed, which clarified that liability occurs if the use of phones is prohibited by law, since those convicted of forced labor have the right to use mobile communications.

The illegal circulation of cellular communications in correctional institutions and pre-trial detention centers poses an exceptional social danger and directly affects the state of crime, the explanatory note to the initiatives said.

Federal Law Amending the Criminal Code of the Russian Federation and Articles 31 and 150 of the Criminal Procedure Code of the Russian Federation

2022: Russia to legalize blocking of cellular communications in prisons

The Ministry of Digital Development published the minutes of the meeting of the State Commission on Radio Frequencies (GKRCH), which took place at the end of 2022. Among other things, the meeting heard reports from the apparatus of the commission and the Federal Penitentiary Service (FSIN) on the allocation of frequencies for the operation of mobile blockers. This became known on January 16, 2023.

In the summer of 2022, the State Emergency Committee has already considered the report of the FSIN on this topic. Then it was decided to create a working group of representatives of interested representatives of the authorities, the FSIN and mobile operators communications in order to exclude interference with electronic means and ensure the proper use of the radio frequency spectrum by electronic means of the FSIN.

Now it is planned that in the first quarter of 2023 the FSIN will send an application to the State Committee for Radio Frequency Bands for the installation of blockers at the agency's facilities, and in the second quarter the previously formed working group will prepare a draft decision of the State Committee for Radio Frequency.

Work on blocking the cellular signal in Russian prisons began in the mid-2000s. The law prohibits prisoners from using cellular communications, although in practice there are opportunities to "get a phone in the zone." In addition, there is a problem of underground call centers located in the zone.

Prisoners use social engineering methods to call citizens, introduce themselves as employees of Sberbank, internal affairs bodies, etc., and fraudulently receive money from them.

According to a CNews source in the telecommunications market, as of January 2023, the FSIN does not have the authority to permanently block cellular signals. Only intelligence agencies can do this. If the FSIN constantly blocks cellular signals, it will create problems for residents of neighboring residential areas. And if the department uses broadband generators, the military will also begin to have problems. Another interlocutor of the publication claims that the FSIN is still blocking the cellular signal in correctional institutions, which really creates problems for residents of nearby areas. And work at the GKRCH level is underway in order to streamline this process^[1]

2021

The Government of the Russian Federation has determined the procedure for blocking SIM-cards of prisoners

In October 2021, Prime Minister Mikhail Mishustin signed a decree of the Government of the Russian Federation, which approved the rules for blocking telephone communications in the colonies and pre-trial detention centers of the country.

According to the document, the decision on the need to terminate communication services by subscriber numbers, which are used by convicts, suspects or accused in pre-trial detention centers or correctional institutions, is made "by the authorized head no later than 24 hours from the moment when it became known about each specific case of using the subscriber number." Then an employee of the penitentiary service must send this decision to the telecom operator.

The Russian government has determined the procedure for blocking SIM-cards of prisoners

On the basis of the FSIN decision received from the head of the institution, the telecommunications company is obliged to stop the provision of communication services for the subscriber numbers specified in the decision to individuals and users of communication services.

Communication services must be terminated by the operator within the period established in the decision, but not later than three days from the moment of receipt of the decision. After blocking, he will need to inform the department about the execution of the decision within 12 hours. The term for which the subscriber will be disconnected is determined by the head of the institution in the decision, RIA Novosti reports with reference to the resolution of 15.10.2021 No. 1751 "On the approval of the Rules of Interaction of the Federal Executive Body, carrying out law enforcement functions, control and supervision functions in the field of execution of criminal penalties against convicts, its territorial bodies with telecom operators on the termination of the provision of communication services on subscriber numbers of mobile radiotelephone communication in cases of use of these subscriber numbers by suspects, accused and convicted in the territories of pre-trial detention centers and correctional institutions^[2]

A sharp increase in the cost of illegally carrying a phone into FSIN institutions

On May 18, 2021, the head of the Committee State Dumas on Information Policy, Information Technology and Communications Alexander Hinstein announced a sharp increase in the cost of illegally bringing the phone into institutions. FSIN This happened after the introduction of tough measures, including at the legislative level.

Today, the cost of carrying a phone to Butyrka or Sailor Silence, according to operational data, is from 200 thousand rubles and more. It is clear that not every sitter can afford this. A year ago, these prices were commensurably lower, - said the parliamentarian on the sidelines of the visiting meeting of the inter-factional working group of the State Duma on the development of proposals for combating crimes in the field of information technology.

Khinshtein: Illegal delivery of mobile phones to the pre-trial detention center has risen in price after the adoption of the law

According to him, call centers "move" from pre-trial detention centers and colonies to private households, as well as to the territory of other states. Khinshtein is sure that the efforts of lawmakers are unlikely to lead to the impossibility of using the phone in places of imprisonment, but "access to it will be more and more difficult, this is a fact."

Earlier in May 2021, the head of the FSIN, Alexander Kalashnikov, called the problem of the existence of fraudulent call centers in colonies "invented."

The facts confirm that call centers are created in the civil community, these are fraudsters who have the opportunity and have certain technical reserves of funds and a base, "he said, adding that they are still trying to carry prohibited items to the pre-trial detention center and colonies.

Khinshtein objected, saying that such call centers or small artels for calling gullible citizens, contrary to the statement of the leadership of the Federal Penitentiary Service of Russia, exist.

The parliamentarian also clarified that by May 18, 2021, the deputies are waiting for the Ministry of Justice to withdraw a proposal to tighten responsibility for the passage of communications to FSIN institutions.^[3]

Putin signed a law on blocking mobile communications in prisons

Russian President Vladimir Putin signed a law on the obligation of cellular companies to turn off cellular communications in correctional institutions at the request of the Federal Penitentiary Service (FSIN). The corresponding document was published on the official Internet portal of legal information on March 9, 2021.

The federal law "On the detention of suspects and accused of committing crimes" was amended. Under the law, operators will be required to stop providing number services used by convicts in prisons, suspects, accused and convicted in remand centres and prisons. Termination of communication services will occur on the basis of a written decision of the head, deputy head of the FSIN or head of the territorial body of the FSIN.

Vladimir Putin signed a law on blocking mobile communications in prisons

According to the authors of the initiative, the operational blocking of SIM-cards will also help suppress financial support for the leaders of the criminal environment and the supply of drugs and other prohibited items to convicts and persons under investigation.

In Russia, any use of cellular communications in places of imprisonment is illegal. The ban applies not only to prisoners, but also to everyone who is on the territory of the correctional institution. Administrative liability is provided for an attempt to provide a prisoner with communication. Despite this, according to statistics from the FSIN, tens of thousands of mobile phones are seized from convicts every year.

According to Sberbank, almost half of all fraudulent call centers are in prisons. At the same time, one "call center" of 50 employees makes about 20 thousand calls a week, and the total income of fraudsters is more than 75 million rubles a month. In 2020, the damage from fraudulent calls of prisoners in Russia was estimated at 1.8 billion rubles.^[4]"

The State Duma adopted in the 3rd reading a law on blocking mobile communications in prisons

On February 17, 2021, the State Duma adopted in the third (final) reading a bill to turn off mobile communications in prisons.

According to TASS, the Russian Information Agency, citing an explanatory note to the bill, despite the current ban for prisoners to have means of communication with them, mobile phones in places of imprisonment are often used, including for committing fraud, putting pressure on witnesses, coordinating the actions of members of criminal groups at large.

Vasily Piskarev, Chairman of the Committee on Security and Anti-Corruption, says that the operational blocking of SIM cards will also help suppress financial support for the leaders of the criminal environment and the supply of drugs and other prohibited items to convicts and persons under investigation.

The State Duma adopted in the 3rd reading a law on blocking mobile communications in prisons

The new law allows the heads of the territorial bodies of the Federal Penitentiary Service (FSIN) to request mobile operators to block the numbers of prisoners. Earlier, the legislation also allowed this to be done, but only with a proven threat (to someone's life and health, state security) created by a prisoner using a phone.

According to the document, mobile operators will be required to stop providing services for subscriber numbers if they receive appropriate applications from the head of the correctional institution. The procedure for interaction between the FSIN and operators will be determined by the government. The numbers of both individuals and legal entities will be subject to blocking.

Chairman of the State Duma Committee on Information Policy, Information Technologies and Communications Alexander Khinshtein noted that the study of this initiative has been carried out since 2014.

Even then, the scale of the problem was clear. The next step will be the introduction of criminal liability for re-carrying phones to UIS institutions, because the fine of 3-5 thousand rubles, which is provided for by law, does not correspond to the public threat of such an act, - said Khinshtein.[5]

2020

In Russia, will block SIM-cards of prisoners

On September 16, 2020, the Committee on Security and Anti-Corruption recommended that the State Duma adopt in the first reading a bill obliging mobile operators to block the SIM cards of prisoners. The document will make it possible to promptly suppress the coordination of the actions of criminal groups and the commission of crimes of a fraudulent nature carried out using mobile communications by persons in correctional institutions and pre-trial detention centers, the committee's website says, according to the committee's website.

Mobile operators will be obliged to stop providing services to those subscriber numbers from which convicts in correctional institutions or persons held in pre-trial detention centers carry out illegal activities, - explained one of the authors of the bill, Chairman of the State Duma Committee on Security and Anti-Corruption Vasily Piskarev.

In the Russian Federation, prisoners' SIM cards will be blocked

According to him, the amendments will help stop "not only the commission of fraudulent actions using mobile communications, but also the supply of drugs and other prohibited items to convicts and persons under investigation, the organization of pressure on witnesses, and the coordination of the actions of the criminals who remained at large."

Former employee of the regional department for combating organized crime in Moscow, Mikhail Ignatov, in a conversation with Kommersant, said that in most cases phones and SIM cards are carried to prisoners by the FSIN officers themselves, so the problem needs to be solved using anti-corruption measures.

And SIM-cards can be issued without understanding who: mistakes will begin to arise, people will go to court and ask, on what basis did their numbers stop working? Telecom operators will remain extreme here, "Ignatov said.[6]

The Russian government supported the blocking of cellular communications in prisons

At the end of July 2020, the Cabinet of Ministers of the Russian Federation supported the blocking of cellular communications in prisons. Telecom operators will be obliged to stop services in cases of detection of illegal use of subscriber numbers in the territory of correctional institutions.

According to the TASS Information Agency of Russia, the Commission of the Government of the Russian Federation on legislative activities supported the project of State Duma deputies Alexander Khinshtein and Vasily Piskarev on the possibility of disconnecting from the service of cell numbers in places of imprisonment.

The Cabinet of Ministers supported the bill on blocking cellular communications in prisons

The bill proposes to give correctional institutions the right to appeal to a mobile operator with a request to stop providing communication services "in cases of revealing the illegal use of subscriber numbers allocated to them on the territory of institutions that carry out punishments."

Telecom operators will have to block communication on the basis of a written motivated decision by the head of the territorial body of the penal system, which is in charge of a correctional institution or pre-trial detention center.

The law covers numbers that are used for fraud, coordinating the activities of criminals, putting pressure on witnesses or circulation of non-cash funds to commit illegal actions.

The Criminal Executive Code of the Russian Federation prohibits prisoners and people held in jail to have mobile phones with them. However, the explanatory note to the bill says that in 2018, 56,249 mobile vehicles were seized in institutions of the penal system (UIS) - this is 8 thousand less than in the previous year. Statistics of the Ministry of Internal Affairs claim that about 1% of all fraudulent crimes using phones were committed by prisoners (508 crimes out of 59.5 thousand in the first quarter of 2018), according to the bill.^[7]

2019: Interior Ministry set to jam cell phone service in prisons

On November 6, 2019, it became known about the plans of the Russian Ministry of Internal Affairs to jam cellular communications in prisons to reduce the number of crimes by convicts using communications.

According to RBC, the Ministry of Internal Affairs, together with the Federal Penitentiary Service (FSIN), the Federal Security Service (FSB ) and Roskomnadzor, will work out the issue of installing "blockers" of the cellular communication signal on the territory of correctional institutions to combat remote fraud.

Mobile communications in prisons are blocked to reduce the number of crimes by convicts using communications.

It is also planned to submit to the State Duma a bill obliging operators to stop serving certain telephone numbers. It was developed by State Duma deputy Alexander Khinshtein.

The latter confirmed to the publication the information on the preparation of amendments to the laws, he also noted that about 60 thousand phones are seized annually in the institutions of the penal system. According to the parliamentarian, with the help of gadgets, convicts can commit fraud, put pressure on witnesses, and also coordinate criminal groups.

How exactly they will block cellular communications on the territory of prisons and colonies is still unknown. The simplest and most effective way is to restrict the provision of services by cellular operators in a certain location, but in some cases this can create problems for those who are not prisoners.

Deputy Minister of Digital Development, Communications and Mass Media Oleg Ivanov told RBC that the commission studied several options for blocking communication signals, but none of them was recognized as optimal.

Ivanov himself believes that the most effective way is "to limit the provision of services by a cellular operator in a certain location." He added that there is already a ban on the use of cellular communications on their territory among correctional workers.^[8]

Notes