The Federal Penitentiary Service is considered to be successor to the Main Prison Administration, established on 27 February 1879 as the first government body dealing with maintenance and security of detention and prison facilities in the Russian Empire. On 13 December 1895, the Main Prison Administration was transferred from the Interior Ministry to the Ministry of Justice of the Russian Empire. Following the October Revolution, a new prison administration was established by the Bolsheviks with a system composed mainly of forced labour camps across the Soviet Union. On 7 April 1930, the Gulag agency was established which oversaw an expansion of the labour camp system in the Soviet Union. In 1960, the Main Administration for Execution of Punishments (GUIN) was founded under the Ministry of Internal Affairs of the Soviet Union following the dissolution of the Gulag agency. At the time of the collapse of the Soviet Union, all prisons and colonies were under the exclusive jurisdiction of the Ministry of Internal Affairs. In 1992, the Main Directorate for the Execution of Punishments (GUIN) was created to manage them. At the same time, due to growing crime, prisons were overcrowded with detainees, and conditions of detention were deteriorating. In 1994, all penitentiary departments began to report to one structure - the Ministry of Internal Affairs of the Russian Federation.[1][2][3]
Creation of the FSIN
In 1996, Russia joined the Council of Europe. One of the main conditions for membership was the reform of the judicial and legal system to comply with international norms and standards. To this end, a number of European conventions were ratified: the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Convention on Mutual Assistance in Criminal Matters, and the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism.
Another condition was the transfer of all penal institutions and agencies from the Ministry of Internal Affairs to the control of the Ministry of Justice. According to international experts, such a reform provides more reliable guarantees of compliance with the rule of law and human rights, since it separates the bodies responsible for detention and investigation from the agencies supervising prisoners. The transfer of the penitentiary system to the Ministry of Justice took place on August 31, 1998. The penal system was given a number of new functions: escorting, searching for and detaining escaped criminals, medical care, executing sentences without isolating the convict from society and other measures of criminal-legal influence.
In 2004, the Federal Penitentiary Service was created as part of the Ministry of Justice. The Regulation on the FSIN was approved on October 13, 2004. In 2008, psychiatric hospitals (hospitals) of a specialized type with intensive observation were transferred to the FSIN's jurisdiction.[1][3]
The FSIN was established in 2004 as part of various administrative reforms occurring in Russia reforming executive bodies from 2004 to 2005, maintaining the GUIN name but specially re-created for the Ministry of Justice. In 2006, the FSIN received its current name as the Federal Service for the Execution of Punishments (Russian: Федеральная служба исполнения наказаний (ФСИН)) under the Russian Ministry of Justice. The FSIN is commonly known in English as the Federal Penitentiary Service.
However, despite the formal transformations, prisons remained overcrowded and underfunded, with systematic violations of prisoners' rights observed. According to human rights activists, this was also due to the fact that, despite the formal transfer of the Federal Penitentiary Service to the Ministry of Justice, in practice the system was still run by people from the Ministry of Internal Affairs and the FSB. For example, in 2009-2012, the Federal Penitentiary Service was headed by Colonel General of the Ministry of Internal Affairs Alexander Reimer; in 2012-2019, by FSB Colonel General Gennady Kornienko, and since 2021, by Colonel General of the Ministry of Internal Affairs Arkady Gostev.[8][9]
During the Russian invasion of Ukraine, according to a WSJ investigation, the head of the Federal Penitentiary Service of Russia for St. Petersburg and the Leningrad Oblast, Igor Potapenko, ordered his subordinates to "be cruel" to Ukrainian prisoners and use violence against them. Employees in other regions received similar orders.[10]