Russian Federation: Follow-up of case RUS 270409_Release from psychiatric hospital

29 May 2009

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information 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, of the release from psychiatric hospital of Ms. Elena Kozvonina, a resident of Kirov whose property rights were violated and who has figthed for the past two years to secure her rights, and Mr. Boris Smetanin, a leader of the banned National Bolshevik Party (NBP)[1] in the town of Kirov, on 29 April and 30 April 2009 respectively, without any further obligations.

Background information

OMCT had been informed about the enforced treatment in a psychiatric hospital of Mr. Boris Smetanin, as well as of Ms. Elena Kozvonina.

According to the information received, on 22 January 2009, Mr. Boris Smetanin, 20 years old, was led to the Bekhterev psychiatric hospital, of the Kirov region, subsequent of a scuffle he had with a friend and after which his mother called the ambulance. It seems that the relation between Mr. Smetanin and his mother are complicated, due to his political and public activities. Since then, Mr. Boris Smetanin had remained detained at the hospital, and only his parents were allowed to visit him. In particular, Mr. Smetanin was not allowed to walk in the hospital yard.

Although Mr. Smetanin’s hospitalisation might have initially been justified by his health, his long term of psychiatric treatment could not reportedly be justified, according to Mr. Evgenij Kokoulin, Vice-President of the Vyatka Human Rights Society and a member of the Human Rights Commission at the Governor of the Kirov region. In addition, it is worth noting that the Federal Security Service (FSB) of Kirov had initiated a preliminary inquiry into Mr. Smetanin’s activities, allegedly trying to find grounds to charge him under Article 282.2 of the Criminal Code (“participation in a criminal group of extremist character”). Some time before the hospitalisation, the FSB had moved the case to the Prosecutor’s office. However, as of issuing the first urgent appeal the Prosecutor’s office had not initiated any criminal case.

On 14 April 2009, Mr. Evgenij Kokoulin was allowed to see Mr. Boris Smetanin. In his words, he was horrified with his condition. Mr. Smetanin complained that he was forced to take medication and receive some injections. According to the information received, Mr. Kokoulin told that Mr. Smetanin’s movements were very slow and his eyes were distracted. Mr. Kokoulin also managed to talk to Mr. Smetanin’s doctor, who refused to answer the question about Mr. Smetanin’s possible release.

In the past, Mr. Boris Smetanin had already been subjected to various forms of reprisals. For instance, in October 2007, he was expelled from the Vyatskiy State Humanitarian University after he performed a song with lyrics critical of the United Russia Party (the party that supports President Dmitry Medvedev)[2]. On October 25, 2007, he was detained by the road police as he was disseminating fliers with calls to vote for the “Other Russia” coalition. He was also detained during 10 days in 2008 in order to prevent him from participating in the “March of Dissent”[3] organised in Moscow on March 3, 2008.

Furthermore, on 10 April 2009, Ms. Elena Kozvonina was summoned to the police headquarters of Kirov (UVD). Upon her arrival, she was arrested and taken for psychiatric examination. According to the decision N° 176 made by the collegiums of doctors, “it is difficult to make an opinion of Ms. Kozvonina’s psychiatric state and her sanity. Therefore, she was ruled to undergo in-hospital examination”. Ms. Kozvonina was then taken to court, where judge Oleg Izmajlov ruled after ten minutes to hospitalise her for an indefinite period of time. Ms. Kozvonina appealed the ruling. Since then, Ms. Kozvonina was being hospitalised at the psychiatric hospital of Kirov, where she was being kept behind locked doors and not allowed to walk. It is worth recalling that Ms. Kozvonina was never hospitalised in a psychiatric hospital in the past.

For more than two years, Ms. Kozvonina has been trying to demand that the Prosecutor’s Office starts an investigation into an alleged illegal selling of the land plot which she owned. On 11 February 2009, two policemen came to her working place and ordered her to go with them. They allegedly did not have any warrant and they did not introduce themselves. According to the information received, Ms. Kozvonina was forced into their car and brought to the police station, where she was questioned with regard to an administrative case opened on her. The following day, Ms. Kozvonina went to hospital to get signs of violence fixed. She filed a complaint to the Prosecutor’s Office. According to the information received, there has been no response.

On 24 March, Ms. Kozvonina participated in a meeting with the Chair of the Moscow Helsinki Group during her visit to Kirov. Ms. Kozvonina then openly told about lawlessness of the law-enforcement agents.

On 20 April 2009, the Governor of the Kirov Region, Mr. Nikita Belykh, confirmed in an interview to the Echo of Moscow radio station that Mr. Smetanin and Ms. Kozvonina were kept in a regional psychiatric hospital, adding that the circumstances of their detention of both were being checked by Mr. Kokoulin.

Remarks

OMCT wishes to thank all of the individuals and organisations that have taking action as a response to the urgent appeal. No further action is currently required on your part concerning this case.

Geneva, 29 May 2009

[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. The NBP is a prominent member of “The Other Russia” coalition of opposition parties.

[2] The song was saying: “United Russia Party is the yoke for the people and the United Russia is the police state”. The official pretext was Mr. Smetanin’s failure to pass one of the exams but he could not take it as a few days before he had been arrested in Nizhny Novgorod during a commemoration in the honour of Ms. Anna Politkovskaya and detained for ten days, and the dean of the faculty refused to allow Mr. Smetanin to take the exam after his release, referring to a prohibition from the rector, who is the number five on the list of the United Russia Party.

[3] Name given to the demonstrations organised by the United civic front, a coalition of various opposition movements.