Case RUS 190209.5
Follow-up of cases RUS 190209, RUS 190209.1, RUS 190209.2, RUS 190209.3 and RUS 190209.4
Persistent allegations of torture and ill-treatment/ Harsh conditions of detention/ Lack of adequate medical care/ Fear for safety
The International Secretariat of the World Organisation Against Torture (OMCT) has received new information and requests your URGENT intervention in the following situation in the Russian Federation.
The International Secretariat of OMCT has been informed by the Russian-Chechen Friendship Society (RCFS), a member of OMCT SOS-Torture Network, about persistent allegations of torture and other forms of ill-treatment suffered by Mr. Zubajr Isaevich Zubajraev, a 33-year-old Chechen, who is currently detained under strict regime in penitentiary colony of Minusinsk, FKU UP -288/T, in the region of Krasnojarsk. He would be in poor health due to torture, harsh prison conditions and denial of adequate medical care.
According to the information received, after the court ruling in May 2009 (see below), Mr. Zubajr Isaevich Zubajraev was transferred to several prisons, including to SIZO-1 prison in Krasnojarsk city, where he was detained from July 2011 to September 2011. There, he was regularly beaten up by four guards. In September 2011, Mr. Zubajr Isaevich Zubajraev was transferred by train from SIZO-1 in Krasnojarsk to the penitentiary colony in Minusinsk. During the transfer, he was allegedly beaten by the guards.
According to the most recent information, Mr. Zubajr Isaevich Zubajraev is very skinny and unable to walk or sit because of the pain. Mr. Zubajr Isaevich Zubajraev would be also regularly beaten by the guards of Minusinsk penitentiary colony and detained in a very humid cell with lack of fresh air. OMCT has also been informed that his lawyers were denied access to him mid-April on the ground that “he did not want to see them”.
The OMCT International Secretariat is seriously concerned about the physical and psychological integrity of Mr. Zubajr Isaevich Zubajraev and about the persistent allegations of torture and other forms of ill-treatment (see background information)[1].
OMCT therefore reiterates its calls on the competent Russian authorities to guarantee his safety at all times, and to ensure that he is promptly examined by independent doctors and receives adequate medical care, in accordance, inter alia, with the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.
OMCT recalls that the Russian Federation is legally bound to effectively ensure the physical and psychological integrity of all persons deprived of liberty in accordance with regional and international human rights law, and in particular, the European Convention on Human Rights, the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights and the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. In line with their obligations under the aforementioned treaties, it is also incumbent on the Russian authorities to consider seriously any allegations of torture and ill-treatment, and to undertake a thorough and impartial investigation in this regard.
Background information
In August 2007, Mr. Zubajr Isaevich Zubajraev was sentenced to five years in prison and sent to prison colony IAR- 154/25 in Frolovo, Volgograd region, where he was allegedly tortured by prison colony officers throughout the period he was held there. The acts of torture included severe beatings, also with full plastic bottles, electroshocks, injection of unknown substances, nailing to the ground and having to stand in the snow with bear feet. On several occasions he was also placed in a punishment cell.
Following complaints about Mr. Zubajr Isaevich Zubajraev’s situation, he was reportedly admitted to the prison hospital (penitentiary colonyЯР-154/15 also known as LIU-125 prison hospital) in February 2008. However, according to the information submitted, instead of receiving adequate medical care and treatment, he was again subjected to torture and other forms of ill-treatment, including beatings, allegedly by the chief of the penitentiary colony and his deputy. Mr. Zubajr Isaevich Zubajraev was also reportedly threatened with psychiatric internment.
In November 2008, the Volgograd regional prosecutor inspected the prison hospital but reportedly found no fault with the prison authorities.
According to the same information received, on 23 April 2009, Mr. Zubajr Isaevich Zubajraev’s lawyer saw numerous signs of beatings on his body when he came to visit him, including numerous bruises in the area of the chest, on the shoulders and on the low part of the back. The lawyer stated that he immediately demanded that a doctor and a chief of the LIU-15 be called, which was refused by the penitentiary administration. Mr. Zubajraev said he had been beaten twice, on 10 and 12 April 2009.
Subsequently, a closed court hearing took place on 12 May 2009 at the request of the prison administration in order to consider whether to place Mr. Zubajr Isaevich Zubajraev in stricter conditions of imprisonment. The prison administration justified this hearing on the basis of two claims: firstly, Mr. Zubajraev was accused of having kept “banned” pain-killers, which is contested by Mr. Zubajraev’s lawyer, and secondly, he would have quarrelled with another inmate, although the latter did not file any report or complaint about the alleged quarrel. Furthermore, OMCT recalls that this hearing occurred on the same day as the hearing of one of Mr. Zubajraev’s lawyer, Ms. Elena Maglevannaya, who was being prosecuted by the administration of Volgograd prison colony LIU-15 for “honour and business reputation protection” (Article 152 of the Russian Civil Code)[2].
Following the court ruling, Mr. Zubajr Isaevich Zubajraev was reportedly taken from LIU-15 prison hospital in Volgograd, to various detention places. On 21 May 2009, he was reportedly brought to the hospital ward of SIZO-1 in Ekaterinburg (which is located on the way to Krasnojarsk) after he was allegedly severely beaten in the train convoy.
Action requested
Please write to the authorities in Russia urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Zubajr Isaevich Zubajraev as well as of his family;
ii. Guarantee full access to his lawyers and his family, as well as guarantee that Mr. Zubajr Isaevich Zubajraev is examined by independent doctors and receives adequate medical care, in accordance, inter alia, with the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment;
iii. Carry out a prompt, effective, thorough, independent and impartial investigation into the reports of torture and other forms of ill-treatment, the result of which must be made public, in orderto bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
iv. Order his immediate release in the absence of valid legal charges that are consistent with international legal standards, or if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
v. Ensure that adequate, effective and prompt reparation, including adequate compensation and rehabilitation, is granted to the victim concerned;
vi. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Please also write to the diplomatic representations of the Russian Federation in your respective countries.
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Geneva, 19 April 2012.
Kindly inform OMCT of any action undertaken quoting the code number of this appeal in your reply.
[2] The administration of Volgograd prison colony accused her of spreading information on Mr. Zubayr Isaevich Zubayraev in order to destroy their reputation. See Urgent Appeal RUS 003/0309/OBS 052 of the Observatory for the Protection of Human Rights Defenders, issued on 24 March 2009.
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