Allegations of ill-treatment of Ms. Elena Bojkova in order to obtain a statement

Allegations of ill-treatment/ Judicial harassment/ Fear for physical and psychological integrity

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the Russian Federation.

Brief description of the situation

The International Secretariat of OMCT has been informed by the Russian-Chechen Friendship Society (RCFS), a member of OMCT SOS-Torture Network, about the arbitrary arrest and allegations of ill-treatment of Ms. Elena Bojkova, a former activist of the banned National Bolshevik Party (NBP)[1] and now active with the “Other Russia” coalition, in Moscow.

According to the information received, on 31 January 2009, Ms. Elena Bojkova was arrested at 1905 Street metro station following a demonstration related to the Protest Day. Two policemen reportedly told her that they had received an order to arrest her. She was then taken to Krasnopresnenskiy police station, district of Moscow, where she was told that she was detained because of “cursing”, and detained in a solitary cell. This reportedly aggravated her asthma condition. She was given medical assistance by the two policemen and later brought to the prosecutor’s office of Zamoskvoretskiy district.

Once there, Ms. Elena Bojkova was reportedly interrogated by two investigators of the prosecutor’s office, while UBOP (Department for Fighting Organised Crime) and Federal Security Service (FSB) officers were also present, in room 527, for more than six hours. She was informed that she was being interrogated as a suspect with regard to the event that took place at the “Jolki-Palki” restaurant in summer 2008[2]. She was allegedly offered two options; either to confess her participation and be released (but without leaving Moscow), or be immediately detained. One of the investigators allegedly insulted her, calling her a “wretched extremist” and beat her at the back of her head. Ms. Elena Bojkova then reportedly signed a self-confession mentioning that she is a member of NBP in order to stop the beatings. She was later released. During the interrogation, Ms. Elena Bojkova was not given access to her lawyer and her mobile phone was confiscated.

According to the same information, on 1 February 2009, Ms. Elena Bojkova was charged under article 282 of the Russian Criminal Code for “membership in an illegal group of extremist character”.

Ms. Elena Bojkova reportedly still suffers from a head trauma, which was diagnosed by a doctor at polyclinic # 28 of Severnyy administrative district of Moscow in Pulkovskaja Street, and her asthma has worsened due to the conditions of her detention. While she was not given any written confirmation of the diagnostic, she was informed that her lawyer could obtain it.

The International Secretariat of OMCT is concerned about the safety of Ms. Elena Bojkova, and, in particular, about the allegations of ill-treatment in order to sign a statement. Furthermore, OMCT is concerned with regard to her arrest as it seems solely based at sanctioning her peaceful political activities.

Action requested

Please write to the authorities of the Russian Federation urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Ms. Elena Bojkova;
2. Call upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into these events, in particular the allegation of ill-treatment in order to obtain a statement, the result of which must be made public, in order to identify all those responsible, bring them to trial and apply the civil, penal and/or administrative sanctions as provided by law;
3. Declare void the statement should it be established to have been made as a result of ill-treatment;
4. Cease judicial harassment in the absence of valid legal charges that are consistent with international law and standards, or if such charges exist, bring her before an impartial and competent tribunal and guarantee her procedural rights at all times;
5. Guarantee adequate reparation to the victim;
6. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Dmitry Anatolyevich Medvedev, President of the Russian Federation, Kremlin, Moscow, Russia, Faxes:+ 7 495 206 5173 / 230 2408, Email: president@gov.ru;
• Prosecutor General of the Russian Federation, Yuri Chayka, 125993, Moskva K-31, Ul. B. Dimitrovka, d 15a, Russian Federation, Fax: + 7 (495)692-17-25;
• Chairwoman of the Presidential Human Rights Commission of the Russian Federation, Ella Pamfilova, 103132 g. Moskva, Staraya ploshchad, d 8/5,pod 3, Russian Federation, Fax: +7 495 20 64 855;
• Vladimir Lukin, Russian Federal Ombudsman for Human Rights, Fax: +7 495 207-74-70;
• Minister of Internal Affairs, Rashid Nurgaliev, ul. Zhitnaya, 16, 117049 Moscow, Russian Federation, Telegram: Rossiia, 117049, Moskva, Fax: + 7 495 237 49 25;
• Minister of Foreign Affairs, Sergey Lavrov, Smolenskaya-Sennaya pl, 32/34, 121200 Moscow, Russian Federation, Telegram: Fax:+ 7 495 230 21 30;
• 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: +4122 734 40 44;

Please also write to the diplomatic representations of the Russian Federation in your respective countries.

Geneva, 9 February 2009.

Kindly inform OMCT of any action undertaken quoting the code number of this appeal in your reply. [1] The National Bolshevik party is known best for its anti-Kremlin street demonstrations. The party has been banned repeatedly by authorities, and a number of its members are currently behind bars.

[2] A Group of NBP activists had “paid” the food at “Jolki-Palki” restaurant with fliers entailing slogans critical of the government to protest against the rapid increase in food prices.