MDA 281011
Allegations of torture and ill-treatment/ Denial of adequate medical care/ Sentencing following an unfair trial/ Lack of an effective investigation/ Fear for the safety
The International Secretariat of the World Organisation Against Torture (OMCT) 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, about the alleged torture and ill-treatment suffered by Mr. Ostap Popovskyi, a 26-year-old resident of Tiraspol and originally from Ovidiopol, Ukraine, and the denial of adequate medical assistance.
According to the information received, Mr. Ostap Popovskyi was violently arrested without a warrant in Tiraspol by members of the Narcotics Control Bureau, Ministry of Internal Affairs of the unrecognized Transnistrian authorities (Pridnestrovian Moldavian Republic[1] or PMR, also known as "Pridnestrovie"), on 29 June 2009, on alleged charges of "illegal acquisition, storage, transportation, making, sending and sale of narcotic drugs or psychotropic substances".
According to the same information received, Mr. Ostap Popovskyi allegedly suffered torture and ill-treatment, including severe beatings and humiliations, by agents of the Ministry of Internal Affairs, and conditions of detention amounting to cruel, inhuman or degrading treatment, with a view of extracting a “confession”. He was detained during four months in an overcrowded cell of the Tiraspol pre-trial detention centre. The window of the cell was reportedly covered with plywood dragging the temperature inside the cell up to around 35 degrees. He was also threatened with starvation, long term detention with common criminals and restricted access to medical care, while suffering from asthma and other health problems. The adjunct chief of the investigation section of the Ministry of Interior allegedly asked Mr. Ostap Popovskyi 20 000 $ for his release. Mr. Ostap Popovskyi's mother lodged a complaint before the President of the PMR denouncing the torture inflicted on her son. However, to date, no investigation has been reportedly carried out into these aforementioned allegations.
According to the same information received, Mr. Ostap Popovskyi was allowed to see a lawyer, albeit a court-appointed lawyer, only three days after his arrest. His mother later hired another lawyer but this latter reportedly faced several obstacles. On 29 September 2010, Mr. Ostap Popovskyi was reportedly sentenced to 15 years in prison by the Court of Tiraspol, on the basis of the confession obtained under torture. Mr. Ostap Popovskyi appealed against the sentence to the Supreme Court but the court dismissed the appeal.
According to the same information received, Mr. Ostap Popovskyi has suffered from asthma since his childhood and, after his arrest, he has reportedly suffered various attacks. During the first four months of his detention, he was reportedly denied any medical examination and care. He was only later hospitalized, from October 2009 to February 2010, for breathing problems in the center for care and social rehabilitation within the "State Enforcement Service" of the PMR Ministry of Justice, which is located in prison Nr. 3. After his sentencing, he was transferred to the medical unit of prison Nr. 2, where he remains currently detained. He would suffer from asthma, chronic bronchitis and gastritis, dyskinesia of the gallbladder. It is reported that his health has worsened due to the lack of adequate medical treatment in the medical unit. Furthermore, some of the medicines sent by his mother are regularly seized. OMCT has also been informed that Mr. Ostap Popovskyi was initially denied contact with his family. At present, periodic visits of his mother and food transfer are allowed, but with restrictions.
OMCT expresses its concerns for the safety and physical and psychological integrity of Mr. Ostap Popovskyi and of his family and calls on the de facto Transnistrian authorities to guarantee his safety at all times and immediately release him.
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. Ostap Popovskyi and of his family;
ii. Grant Mr. Ostap Popovskyi 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. Ostap Popovskyi, 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.
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, 28 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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