MDA 170811.1
Follow-up of the case MDA 170811
Conditions of detention amounting to cruel, inhuman and degrading treatment/ Lack of adequate medical attention/ Fear for the safety
The International Secretariat of the World Organisation Against Torture (OMCT) has received new information and requests your URGENT intervention in the following situation intheRepublic of Moldova/ Region of Transnistria.
The International Secretariat of OMCT has been informed by a reliable source and Antenna International, a member organisation of OMCT SOS-Torture Network, that Mr. Vitalie Eriomenco, a 42-year-old businessman from Vadul-lui-Voda, a suburb of Chisinau municipality, who was allegedly tortured and ill-treated in custody, remains detained in Tiraspol prison n° 3 in poor conditions, without access to adequate medical care. Furthermore, since his arrest in March 2011, he has been denied access to his family, despite six applications submitted to the authorities.
According to the information received, Mr. Vitalie Eriomenco is detained in a wet and cold cell along with approximately 20 other individuals. It is reported that the prison authorities regularly place detainees infected with tuberculosis in the cell. Although Mr. Vitalie Eriomenco requested on several occasions to have a medical examination after feeling sick, the prison authorities refused on the ground that the prison’s hospital was not equipped to diagnose tuberculosis. According to Mr. Vitalie Eriomenco’s lawyer who visited him beginning of October, his health is poor and he has not received any adequate medical care. Furthermore, he was reportedly told by the prison authorities that he was in a prison and not in a sanatorium, and should therefore not expect to receive any preferential treatment.
Mr. Vitalie Eriomenco was remanded in custody by the Tiraspol court on 26 September 2011, for 60 more days, until 29 November 2011. It is also reported that Mr. Vitalie Eriomenco’s lawyer continues to suffer obstacles when visiting Mr. Vitalie Eriomenco in prison. All meetings are allegedly recorded on camera by the guardians.
OMCT reiterates its deep concerns about the safety and physical and psychological integrity of Mr. Vitalie Eriomenco, and calls on the de facto Transnistrian authorities to guarantee his safety at all times, including by providing immediate adequate medical care.
Background information
OMCT had earlier been informed about the alleged torture and ill-treatment suffered by Mr. Vitalie Eriomenco, the lack of an effective investigation into the aforementioned allegations and the absence of adequate medical assistance.
According to the information received, on 29 March 2011, Mr. Vitalie Eriomenco was arrested without a warrant at work, in Slobozia, by six men in plain clothes, members of the Department for Combating Organized Crime and Corruption of the Ministry of Interior of the unrecognized Transnistrian authorities (Pridnestrovian Moldavian Republic[1] or PMR, also known as "Pridnestrovie"), on charges of theft. Shortly after Mr. Vitalie Eriomenco's arrest, his home was searched with no mandate and his home keys were confiscated. His wife and two children were reportedly woken up and forced to leave the house without taking any clothes or items. Mr. Vitalie Eriomenco’s wife and children are reportedly still forbidden to enter the house.
According to the same information received, Mr. Vitalie Eriomenco was interrogated for about ten hours after his arrest. During the interrogations, he was allegedly ill-treated, denied access to a lawyer and threatened that his son would be arrested if he refused to recognize the alleged theft of 12’000$ from his own business. Fearing for the safety of his family, Mr. Vitalie Eriomenco reportedly signed a document confessing to the alleged crime. He was subsequently detained in the basement of the Tiraspol pre-trial detention centre (SIZO), in conditions amounting to cruel, inhuman or degrading treatment. He was kept in a humid cell, without ventilation or adequate access to sanitation, and water.
During the two first days of his detention, Mr. Vitalie Eriomenco was also reportedly forced to sign a document renouncing to his right to legal counsel and stating that he would represent himself before court. On 31 March 2011, he was allowed to be assisted by a lawyer, albeit chosen by the authorities and from the Transnistrian region. Mr. Vitalie Eriomenco’s parents subsequently hired another lawyer from Moldova, who was allowed to work on Mr. Vitalie Eriomenco’s case. However, this latter has reportedly suffered several obstacles, including limited access to Mr. Vitalie Eriomenco in detention and to documents.
On 1 April 2011, Mr. Vitalie Eriomenco was remanded in custody for 60 days on charge of “theft of large amount” after he appeared at the Tiraspol court. He was again remanded in custody for 60 days on 26 June 2011. On 11 May 2011, Mr. Vitalie Eriomenco had reportedly made a written request to the criminal investigator for a new hearing to denounce that his confession was obtained under duress. However, the request was dismissed. He was then transferred to Tiraspol prison n° 3.
According to the same information, Mr. Vitalie Eriomenco has been suffering, for many years, from several chronic diseases, including a stomach ulcer, urinary infections, prostatitis, neurological and heart problems, which require a regular medical follow-up and a specific diet. It is reported that his health has worsened since his detention due to the lack of adequate medical care and poor conditions of detention (including limited access to sanitation and lack of adequate food, dark, cold and overcrowded cell). He has reportedly only received the medicines he was taking before his arrest after being transferred to the prison’s hospital, on 8 June 2011. Once at the hospital, he was also reportedly forced to undergo a medical psychiatric and neurological examination. To date, the results thereof remain unknown, despite that Mr. Vitalie Eriomenco’s lawyer filed a request to obtain the legal justification and the results of the examination.
Please write to the de facto authorities of the Region of Transnistria (so-called Pridnestrovian Moldavian Republic), the authorities of the Republic of Moldova and the Russian Federation, and urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Vitalie Eriomenco and of his family;
ii. Grant Mr. Vitalie Eriomenco unrestricted access to his lawyer and his family, as well as guarantee that he is promptly examined by independent doctors and receives adequate and free medical care, in accordance with, inter alia, the UN Standard Minimum Rules for the Treatment of Prisoners;
iii. Order his immediate release;
iv. Carry out a prompt, effective, thorough, independent and impartial investigation into these events, in particular the allegations of torture and ill-treatment inflicted on Mr. Vitalie Eriomenco, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law ;
v. Ensure that adequate, effective and prompt reparation, including adequate compensation and rehabilitation, is granted to the victim concerned.
Addresses
De facto Transnistrian authorities:
· Igor Smirnov, President of Transnistria, MD-3300, ул. 25 Октября, 45, for on-line petitions: http://president.pmr-gov.org/anketa. Tiraspol, Republic of Moldova;
· Rogojina L. P., Presidential Administration, MD-3300, nr 45, 25-Oktyabrya str., Tiraspol, Republic of Moldova; tel:(373 533) 6-27-36; tel/fax: (373 533) 9-72-44;
· Vladimir Antyufeev, Ministery of State Security, MD-3300, 42 Manoilova str., Tiraspol, Republic of Moldova; priem@mgb-pmr.org; tel/fax: (373 533) 94627
· StepanovS., Ministry of Justice, MD-3300, 26 Lenina str., Tiraspol, Republic of Moldova; tel.: (373 533) 8-17-53, 9-20-41; inbox@justice.idknet.com
· Anatoli Guretski, Prosecutor of Transnistria, MD-3300, Tiraspol, 383 Liebknecht str., Republic of Moldova; tel.: (373 533) 9-51-47, 9-44-84; fax: (373 533) 9-44-92;
· Rimari V.S.,Chairman of the Supreme Court, MD-3300, 29. Iunosti str., Tiraspol, Republic of Moldova; тел./факс: (373-533) 2-50-06, for on-line petitions: http://vspmr.org/mailform.php;
· Kaminski A.V., Chairman of the Supreme Soviet (Local Parliament),MD-3300, ул. 25 Октября, 45,., Tiraspol, Republic of Moldova; kav@vspmr.org;
Republic of Moldova:
· Vlad Filat, Prime Minister of Republic of Moldova, Chisinau, Piaţa Marii Adunări Naţionale 1, Tel. (+373 22) 250 101; for on-line petitions: http://www.gov.md/feedbacktxt.php?l=en&idc=439
· Zubco Valeriu, General Prosecutor, Republic of Moldova, Chisinau, str. Banulescu Bodoni26 ; tel/fax.: (+ 373 22) 212 032; email: procuror@procuratura.md, for on-line petitions: http://www.procuratura.md/md/exp2/
Russian Federation:
· Mikhail Alexandrovich Fedotov, Chairman of the Presidential Human Rights Commission of the Russian Federation, 103132, Moskva, Staraya pl., d 8/5, pod 3, Fax: +7 (495) 20 64 855;
· Vladimir Lukin, Russian Federal Ombudsman for Human Rights, , Fax: +7 495 207-74-70;
· Permanent Mission of the Russian Federation to the United Nations in Geneva Av. de la Paix 15, CH-1211, Geneva 20, Switzerland, E-mail: mission.russian@ties.itu.int , fax: +41 22 734 40 44;
Please also write to the embassies of the Republic of Moldova and of the Russian Federation in your respective country.
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Geneva, 20 October 2011
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
[1] The Transnistrian region broke away from Moldova, declaring independence unilaterally in 1990. The self proclaimed Pridnestrovian Moldavian Republic (PMR) is not recognized by the international community.
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