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The Russian Federation Lost One More Constitutional Freedom - Wiretaps Are Permitted

The Russian Federation Lost One More Constitutional Freedom - Wiretaps Are Permitted
08.06.2010

Today the State Duma approved at the second reading amendment in the Criminal Procedure Code of the Russian Federation permitting to receive data on telephone conversations of suspects at investigation of criminal cases. The bill establishes order of new investigative action - reception of information about connections between subscribers and user's devices as well of data about numbers and the location of send-receive base stations on the basis of judgment passed under the petition of the inspector. Reception of such information can be established for the term up to 6 months.

 

As it has been noted at the session, there's a problem of reception of information about incoming and proceeding signals in the work of law enforcement bodies at investigation of criminal cases (for example, about thefts of cellular telephones). Militia needs data about the date, time, duration of conversation and also phone numbers, registration and account data of the given subscribers participating in connection.

The essence of the problem is that operators of telecommunication refused to give necessary information referring to provisions of law on communication according to which secret of correspondence and telephone conversations is guaranteed in the territory of Russia.

After adoption of the amendments in the Criminal Procedure Code of the Russian Federation by the State Duma lack of proper regulation of this question is off, ITAR-TASS transfers.

- It is touching that state news agency ITAR-TASS refers to "imperfection" of the law on communication which will be eliminated now, - editor-in-chief of FORUM.msk Anatoly Baranov marks in the given occasion. - At that it absolutely "forgets" about article of the Constitution of the Russian Federation number 23 according to which "everyone has the right to secret of correspondence, telephone conversations, post, cable and other messages". We perfectly well know that bodies and private persons that audio interception could do without changes of laws but then, according to the article of the Constitution number 50, "application of proofs received by means of infringement of the federal law is not possible at executing justice". That is it's possible to receive information but to use it in court - is impossible. While now - it also becomes possible. Necessity to obtain court permit for "audio interception" is no more, than formality - after all it's not said what judge has the right to give the permit and there always will be the one who will "stamp" similar inquiries of "bodies" without reading. That is your telephone conversation can be not simply listened - big deal but it also can become the proof of your guilt. By the way, it could be not only telephone conversation, it could be simple negotiations in the room where there is a telephone set - technically it's easy to bug the room through the phone being in network. In general, it's quite serious change of the legislation frankly abolishing the right of private persons on secret of conversations and correspondence.

 

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