That law, the third paragraph of article 56 (“Witness”) of the Criminal procedure code of the Russian Federation is supplemented by the provision that stipulates that the Commissioner for human rights in the Russian Federation and the Plenipotentiary on human rights in the regions not subject to interrogation as witnesses without their consent about the circumstances that became known to them in connection with the performance of their official duties.
we are Talking about the so-called witness immunity similar to that enjoyed by lawyers and clergymen.
Witness immunity means that the lawyer, the priest, and now Commissioner for human rights has the right not to testify against those who complained.
the laws on the legal profession has always been stressed that the defender has a so-called attorney-client privilege and may not reveal his client. Even law enforcement. And if you do, that he will answer according to the law and will lose the right to practice the profession. The same rights and have the priests, is called the mystery of confession.
That such immunity of the Commissioner for human rights gives ordinary citizens? And the fact that citizens can now safely entrust their secrets to the Commissioner. Ordinary citizen by law is obliged to give evidence as a witness. He has the right not to testify only against himself and close relatives.
Now establishes the right of Federal ombudsmen and commissioners for human rights in the regions not to testify “due to circumstances which they learned in connection with performance of official duties.” Trying to someone to find out these secrets the Ombudsman is now prohibited.
the law Also establishes a special procedure for criminal proceedings in relation to regional commissioners for human rights. The decision to prosecute will only be made personally by the head of the investigative body of the Investigative Committee of the Russian Federation in the corresponding subject of Federation.
