Russian Federation: Follow-up of case RUS 190209_Mr. Zubajr Isaevich Zubajraev to be transferred to a high security prison_Fear for safety

20 May 2009

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.

New information

The International Secretariat of OMCT has been informed by the Russian-Chechen Friendship Society (RCFS), a member of OMCT SOS-Torture Network, that on 17 May 2009, Mr. Zubajr Isaevich Zubajraev, a 30-year-old man from Chechnya, was taken from penitentiary colony ЯР-154/15 (also known as LIU-125 prison hospital) in Volgograd, Southern Russia, to be transferred to a high security prison following a court ruling on 12 May 2009. However, his current whereabouts remain unclear. His lawyer believes that he is being moved to Krasnojarsk (about 4000km from Volgograd) but he has been provided with no precise information on Mr. Zubajraev’s new place of detention.

According to the same information, Mr. Zubajraev’s lawyer unsuccessfully brought an appeal to the Regional Court against the ruling of the lower Court. Mr. Zubajraev is reportedly due to serve his three years remaining prison term in a high security prison. OMCT recalls that the prison administration had justified the request of transfer 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.

The OMCT International Secretariat is seriously concerned about the physical and psychological integrity of Mr. Zubajr Isaevich Zubajraev. OMCT condemns his transfer to a high security prison as it seems exclusively motivated by a wish to punish him following the allegations of torture and other forms of ill-treatment (see background information)[1]. OMCT fears that Mr. Zubajraev will be further isolated as it will be become very difficult for his family and lawyer to visit him. Furthermore, OMCT has received information that his health condition is very poor, requiring immediate appropriate medical care.

OMCT therefore repeats its calls on the competent Russian authorities to guarantee his safety at all times, to refrain from transferring him to a high security prison, and to carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture and other forms of ill-treatment, 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. OMCT recalls the absolute prohibition of torture and other forms of ill-treatment and recalls article 11 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment stipulating that, “Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture”.

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 colony ЯР-154/15) 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, Mr. Zubajr Isaevich Zubajraev’s health is extremely poor and, due to several head injuries, he might be suffering from epilepsy. Moreover, he would have several wounds on his leg that do not heal.

His family has reportedly received threats, including by a Federal Security Service (FSB) officer, for having denounced his conditions on several occasions. OMCT continues to fear for the family’s safety.

According to the same information received, on 23 April 2008, 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, and secondly, he would have quarrelled with another inmate, although the latter did not file any report or complaint about the alleged quarrel. Furthermore, the OMCT International Secretariat recalls that this hearing occurred on the same day as the hearing of Mr. Zubajraev’s lawyer, Ms. Elena Maglevannaya, who is 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].

Action requested

Please write to the authorities in Russia urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Zubajr Isaevich Zubajraev as well as of his family;
2. Guarantee unconditional access to his lawyer 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 of the UN Standard Minimum Rules for the Treatment of Prisoners;
3. Reconsider the transfer of Mr. Zubajr Isaevich Zubajraev to a higher security prison;
4. Carry out a prompt, effective, thorough, independent and impartial investigation into the reports of torture and other forms of ill-treatment, 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;
5. 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;
6. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Mr. Dmitry Anatolyevich Medvedev, President of the Russian Federation, Kremlin, Moscow, Russia, Faxes:+ 7 495 206 5173 / 230 2408, Email: president@gov.ru;
• Mr. Yurii Yakovlevich Chaika, Prosecutor General of the Russian Federation, Prosecutor General’s office, Moskva K-31, Ul. B. Dimitrovka, d 15a, Russian Federation, Fax: + 7 495692-17-25 / +7 495 692-96-00;
• Chairwoman of the Presidential Human Rights Commission of the Russian Federation, Ms. Ella Pamfilova, 103132 g. Moskva, Staraya ploshchad, d 8/5,pod 3, Russian Federation, Fax: +7 495 20 64 855;
• Mr. Vladimir Lukin, Russian Federal Ombudsman for Human Rights, Ul. Miasnitskaia, 47, 107084, Moscow, Russian Federation. Fax: +7 495 207-74-70 / 39 69 / +7 495 207-53-37;
• Minister of Internal Affairs, Mr. 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 / + 7 095 244 2203;
• 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;
• Embassy of the Russian Federation in Brussels, 31-33 boulevard du Régent, 1000 Brussels, Belgium, Fax: + 32 2 513 76 49.

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

Geneva, 20 May 2009.

Kindly inform OMCT of any action undertaken quoting the code number of this appeal in your reply.

[1] Also see the urgent appeal issued by the Observatory for the Protection of Human Rights Defenders, a OMCT-FIDH joint programme - RUS 003 / 0309 / OBS 052.1 on 18 May 2009.

[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.