In December 2020, the Russian government issued a presidential decree extending several COVID-19-related measures affecting foreigners in the country. Measures, which were extended until 15 June 2021, include the suspension of forced expulsions and deportations, as well as the suspension of cancellations of refugee status, visas, work permits, residence permits, and other documents. Certain people […]
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Foreign migrant workers have been disproportionately affected by the pandemic in Russia, with large numbers losing employment amidst the economic downturn. In a survey conducted by the Russian Presidential Academy of National Economy and Public Administration in April-May 2020, 75 percent of surveyed migrants reported having lost their jobs or being forced into unpaid leave, […]
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Since issuing a moratorium on new detention orders on 18 April (Decree of the President of Russia No.2745) (see 18 April update), Russia has reportedly not issued any new detention orders. This was confirmed by the Civic Assistance Committee and Memorial in a GDP survey on 21 July. The organisations also noted that some foreign […]
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On 18 April, President Putin signed a decree “On Temporary Measures to Resolve the Legal Situation of Foreign Citizens and Stateless Persons in the Russian Federation in Connection with the Threat of Further Spread of the new Coronavirus Infection Covid-19.” This new decree provides that the period from 15 March until 15 June 2020 will […]
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Russia has taken some steps to limit immigration detainee populations. At the same time, it has taken draconian measures that have severely increased the vulnerability of thousands of migrant workers and other foreigners residing in the country. According to ADC Memorial, the government has prohibited the placement of new people in detention centres, and instead […]
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ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
SOCIO-ECONOMIC DATA & POLLS
MIGRATION-RELATED DETENTION
GOVERNANCE SYSTEM
Centralized immigration authority
LEGAL & REGULATORY FRAMEWORK
Yes
(The Constitution of the Russian Federation, Article 22(2))
1993
Decree of the Government of the Russian Federation of 12/30/2013 N 1306 (as amended on 06/17/2016) on the approval of the Rules for keeping (stay) in special institutions of the Ministry of Internal Affairs of the Russian Federation or its territorial body of foreign citizens and stateless persons subject to administrative expulsion from the Russian Federation in the form of forced expulsion from the Russian Federation, deportation or readmission (Постановление Правительства РФ от 30.12.2013 N 1306 (ред. от 17.06.2016) Об утверждении Правил содержания (пребывания) в специальных учреждениях Министерства внутренних дел Российской Федерации или его территориального органа иностранных граждан и лиц без гражданства, подлежащих административному выдворению за пределы Российской Федерации в форме принудительного выдворения за пределы Российской Федерации, депортации или реадмиссии)
(2012)
2016
Law on Refugees (as amended by Federal Law of June 28, 1997 N 95-FZ) (as amended on July 31, 2020), (О беженцах (в редакции Федерального закона от 28 июня 1997 года N 95-ФЗ) (с изменениями на 31 июля 2020 года)
(1997)
2020
Code of the Russian Federation on Administrative Offences of 30 December 2001 N°195-FZ (as amended on July 31, 2020) (as amended and supplemented, entered into force on August 11, 2020), ("Кодекс Российской Федерации об административных правонарушениях" от 30.12.2001 N 195-ФЗ (ред. от 31.07.2020) (с изм. и доп., вступ. в силу с 11.08.2020))
(2001)
2020
Law on the Legal Status of Foreign Citizens in the Russian Federation (О Правовом Положении Иностранных Граждан В Российской Федерации)
(2002)
Law of the Russian Federation On the State Border of the Russian Federation (Закон РФ "О Государственной границе Российской Федерации" от 01.04.1993 N 4730-1)
(1993)
2007
Code of Administrative Offences of the Russian Federation, No. 195-FZ of 30 December 2001
(2001)
2012
Civil Procedural Code of the Russian Federation, No. 138-FZ of 14 November 2002
(2002)
2012
The Criminal Code of the Russian Federation, No. 63-FZ of 13 June 1996
(1996)
2012
GROUNDS FOR MIGRATION-RELATED DETENTION
Detention for unauthorised entry or stay
Accompanied minors
(Provided)
Yes
Unaccompanied minors
(Provided)
Yes
Stateless persons
(Provided)
Yes
Persons with disabilities
(Not mentioned)
Yes
Asylum seekers
(Prohibited)
Yes
Accompanied minors
(Provided)
Asylum seekers
(Prohibited)
Yes
Yes
(Non-citizens who have violated a re-entry ban)
LENGTH OF MIGRATION-RELATED DETENTION
MIGRATION-RELATED DETENTION INSTITUTIONS
The General Administration for Migration Issues
(The Ministry of Internal Affairs)
Internal or Public Security
(Federal Migration Service)
Immigration or Citizenship
(Federal Migration Service)
Immigration or Citizenship
(Ministry for Internal Affairs)
Interior or Home Affairs
Police
Internal or Public Security
(Federal Migration Service)
(Federal Migration Service)
Federal Security Service (FSB)
(Law enforcement, border control and national security)
Police (The Administration for Migration Issues of the Ministry of Internal Affairs)
(Governmental)
Federal Migration Service
(Governmental)
Federal Migration Service
(Governmental)
Ministry for Internal Affairs
(Governmental)
Yes
(Dedicated immigration detention facilities)
Yes
(Any facility designated by relevant authority)
PROCEDURAL STANDARDS & SAFEGUARDS
Independent review of detention
(No)
Right to legal counsel
No
DETENTION MONITORS
Public Monitoring Commission (Regional)
(International or Regional Bodies (IRBs))
High Commissioner on Human Rights in the Russian Federation (Уполномоченный по правам человека в РФ)
(National Human Rights Institution (or Ombudsperson) (NHRI))
European Committee for the Prevention of Torture (CPT)
(International or Regional Bodies (IRBs))
> National human rights monitoring bodies
> National Preventive Mechanisms (Optional Protocol to UN Convetion against Torture)
> Non-governmental organisations (NGOs)
> Governmental monitoring bodies
> International detention monitoring
TRANSPARENCY
READMISSION/RETURN/EXTRADITION AGREEMENTS
Bosnia and Herzegovina
(2016)
COVID-19
HEALTH CARE
COVID-19 DATA
COVID-19 Testing: UnknownVaccinations: UnknownProvision of Masks: UnknownProvision of Hygiene Supplies: UnknownSuspension of Visits: Unknown
People in Immigration Custody (including legal in "alternatives to detention" or at open reception centres): UnknownRefugees: UnknownUndocumented Migrants: UnknownAsylum Seekers: UnknownStateless People: Unknown
INTERNATIONAL TREATIES
Ratification Year
Observation Date
CRPD, Convention on the Rights of Persons with Disabilities
2012
2012
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2004
2004
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2004
2004
CRSR, Geneva Convention Relating to the Status of Refugees
1993
1993
PCRSR, Protocol to the Geneva Convention Relating to the Status of Refugees
1993
1993
CRC, Convention on the Rights of the Child
1990
1990
VCCR, Vienna Convention on Consular Relations
1989
1989
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1987
1987
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1981
1981
ICCPR, International Covenant on Civil and Political Rights
1973
1973
ICESCR, International Covenant on Economic, Social and Cultural Rights
1973
1973
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1969
1969
ICERD, declaration under article 14 of the Convention
1991
1991
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966
1991
1991
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999
2004
2004
CAT, declaration under article 22 of the Convention
1991
1991
Recommendation Year
Observation Date
Committee against Torture
42.The Committee is concerned at reports of extraditions and expulsions of foreign persons carried out by the State party to countries where they may be at risk of torture and other ill-treatment. The Committee is especially concerned about information that persons who may be in need of international protection, particularly those held in pre-removal detention centres, including torture victims, do not have adequate access to asylum procedures and that immigration authorities often fail to register and interview asylum seekers, thereby increasing their risk of refoulement. It regrets the absence of statistical information on extradition requests granted, appeals against such decisions and outcomes thereof (art. 3).
2018
2018
Committee on the Elimination of Discrimination Against Women
43.The Committee is concerned about the situation of undocumented migrant women, especially pregnant women and women with small children, in detention centres.
2015
2015
Committee on Migrant Workers
37.The Committee is concerned about reports that Tajik migrant workers and members of their families suffer from discriminatory attitudes and are often targets of hate crimes and xenophobic assaults in the main countries of employment, in particular in the Russian Federation. The Committee is particularly concerned about reports confirming that Tajik migrant workers are frequently subjected to violence, abuse, threats and intimidation by employers, public officials and private individuals in countries of employment. Those who are in an irregular situation are often held in detention centres in prison like conditions for several months or, in the absence of identity documents, for up to one year.
2012
2012
Committee on the Elimination of Racial Discrimination
13. Taking into consideration the dialogue held with the Russian delegation, the Committee notes with concern reports about searches ofGeorgian businesses, police demands for lists of names ofGeorgian students, identity checks, destruction of identity papers, detention in inhumane conditions, deportations under a simplified procedure and other repressive measures against Georgian nationalsand ethnic Georgians in 2006 (arts. 2, para. 1 (a), 5 (b)and 5 (d) (i)). The Committee recommends that the State party undertake a thorough investigation, through an independent body, into all allegations of unlawful police conduct against Georgian nationals and ethnic Georgians in 2006 and adopt measures to prevent the recurrence of such acts in the future.
2008
2008
Committee on the Rights of the Child
§ 62. "The Committee recommends that the State party amend the Federal Refugees Act to comply with the Convention relating to the Status of Refugees and ensure that it does not impose additional criteria for be ing accepted as a refugee in the country. It also urges the State party to establish safeguards against the refoulement of children where there are substantial grounds for believing that their life or freedoms would be in danger and establish child - and gender - sensitive procedures for unaccompanied and separated children."
2014
2014
NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS
REGIONAL HUMAN RIGHTS MECHANISMS
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
CPCSE, Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse
2013
2013
2017
ECPT, European Convention for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment
1998
1998
2017
ECHRP1, Protocol 1 to the European Convention on Human Rights (amended by protocol 11)
1998
1998
2017
ECHRP7, Protocol 7 to the European Convention on Human Rights (amended by protocol 11)
1998
1998
2017
ECHR, Convention for the Protection of Human Rights and Fundamental Freedoms (commonly known as the European Convention on Human Rights
1998
1998
2017
DETENTION COSTS
OUTSOURCING
FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS