Russia
30.01.04
Urgent Interventions

Russia - Chechnya: torture of two brothers

Case RUS 300104
Arbitrary arrests and incommunicado detention / Torture

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Chechnya.

Brief description of the situation

The International Secretariat of OMCT has received information from a reliable source concerning the detention and torture of Mr. Nasarov Saarbek Sultanovich and Mr. Nasarov Zaur Emidievich, a resident of Grozny, by the Oktyabrsky district police officials of Grozny, Chechnya.

On January 5th, 2004, Nasarov Saarbek Sultanovich (born in 1975), and his brother, Nasarov Zaur Emidievich (born in 1981), left their parents together in their “VAZ-2106” car. They were reportedly stopped at around noon by representatives of the Oktyabrsky district police office on Zabolotnogo Street. The officers were wearing masks and arrested the two brothers and took them to the district police office, where they were detained for five days.

The victims’ relatives did not learn of their detention until witnesses alerted them to the situation on January 7th, two days after the arrests had occurred. It is important to note that the police servicemen came to Nasarov Zaur’s house on January 6th, did not introduce themselves or explain the situation, and entered under the pretext of a “usual check-up,” and proceeded to conduct an illegal search of the house. Once the family learned of the detention on January 7th, they appealed to the Oktyabrsky police office, but still received no further information concerning the two brothers. It was only on January 8th that the Chief of the Investigations Department, Khakimov Ayndy, told the victims’ uncle that the brothers were being detained at the police station pending legal proceedings against Nasarov Saarbek Sultanovich. The investigator initially claimed that a weapon and TNT (dynamite) had been discovered at Nasarov Saarbeck Sultanovich’s house, yet he contradicted this claim three days later, saying that the some 1.2 kg of TNT had in fact been seized from Nasarov Saarbek Sultanovich’s car.

When Nasarov Zaur was brought back to his house on January 10th, he was reportedly in a bad condition, due to severe beatings and torture. He reported that both he and his brother were detained in the territory of summer cottages (dachas) of the Oktaybrsky district, where they were beaten and tortured with electrical currents for two hours by policemen. After the police’s attempts to make the brothers admit to the storing of weapons failed, they brought them to the premises of the police office and held them in a room which reportedly contained “chloride lime.” Nasarov Zaur was reportedly not fed during the duration of his detention and was given water only once.

On January 16th, Sulbar Nasarov was allowed to see his nephew, Mr. Nasarov Saarbek Sultanovich, with the investigator present. He told his uncle he had been beaten and tortured with electrical shocks in an attempt to make him sign the documents in which he admittedto the possession of weapons. It is also important to note that Mr. Nasarov Saarbek Sultanovich was forced to turn down the aid of a defense lawyer, as he was threatened with continued torture if he did not.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Nasarov Saarbek Sultanovich who remains in detention and is at risk of further torture, given the fact that the investigating authorities are continuing to exercise pressure on the victim and their relatives in order to close the case. OMCT also condemns the torture to which he and his brother, Mr. Nasarov Zaur Emidievich, have been subjected. OMCT calls on the Russian authorities to guarantee Nasarov Saarbek Sultanovich’s personal integrity at all times and to release him immediately in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times. OMCT also calls upon the authorities to launch an impartial investigation into the circumstances of these events, notably the allegations of torture, in order to bring perpetrators to justice and to award adequate reparation to victims.

Actions requested

Please write to the authorities in Chechnya and Russia urging them to:

1. guarantee the physical and psychological integrity of Nasarov Saarbek Sultanovich;
2. guarantee him access to family visits and legal representation;
3. order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
4. ensure an immediate and impartial investigation into the above-mentioned alleged acts of intimidation and torture in order to identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided for by law;
5. guarantee adequate reparation is provided to the afore-mentioned victims;
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

· Procurator General of the Russian Federation, Vladimir USTINOV, General Procuracy of the Russian Federation, Ul. B. Dimitrovka, d15a, 103793 g. Moskva K-31, Russian Federation, Fax: + 7 095 292 88 48
· Russian Federation Minister of Internal Affairs, Rashid Nurgaliev, Ministry of Internal Affairs, Ul. Zhitnaia 16, 117049 Moscow, Russian Federation, Fax: +7 095 237 49 25
· Procurator of the Chechen Republic, Vladimir KRAVCHENKO, Procuracy of the Chechen Republic, Ul. Garazhnaia 9b, g. Grozny 364000, Russian Federation, Fax: + 7 8712 222000, +7 095 777 9226, +7 095 777 92 06 (if someone answers say "fax please")
· Chairperson of the Presidential Human Rights Commission , Ella Pamfilova, Presidential Human Rights Commission, Ipatevski per. 4/10, Moscow, 103132, Russian Federation, Fax: +7 095 206 4855, E-mail: pamfilova@comintern.ru
· President of the Chechen Republic, Akhmad Kadyrov, e-mail: info@chechen.gov.ru, Fax: +7 095 777 9228
· Ambassadeur Leonid Skotnikov, Av. de la Paix 15, CH-1211, Genève 20, Suisse, E-mail : mission.russian@ties.itu.int, Fax: +4122 734 40 44

Geneva, January 30th, 2004

Kindly inform us of any action undertaken quoting the code of this appeal in your reply