Torture and ill-treatment of two members of opposition party while in detention_Death threats

Allegations of torture and other ill-treatment/ Death threats/ Fear for safety/ Risk of impunity

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 torture and other ill-treatment of Mr. Konstantin Makarov (aged 26) and Mr. Sergey Ezhov (aged 25), both members of The National Bolshevik Party (NBP)[1], while in detention. M. Makarov was also reportedly threatened with death.

According to the information received, on 31 October 2009, Mr. Konstantin Makarov was abducted by two police officers in plain clothes nearby his apartment, in Voronezh. He was reportedly dragged into a silvery car with his coat pulled over his face. One of the police officers would have told him that “they are fed up with him” and that they would drown him. He was reportedly taken to the premises of the counter-extremism office (located in Bakhmetyev Street) and put into a room. His legs and arms were tied with adhesive tape and he was then thrown to the ground. After some time, a group of police officers came into the room and allegedly told him that they had been given green light to “eliminate opposition people and their relatives”.

According to the same information, Mr. Konstantin Makarov was later interrogated but he reportedly refused to answer any questions related to the persons involved in the opposition movement. He was then allegedly subjected to torture and other ill-treatment. He was severely beaten, he had his arms twisted and he was strangled. He was also allegedly threatened with rape. After an hour, he was reportedly told that he would be subjected to similar acts each time the party would dare organise any new actions, unless he would become their informer. Mr. Makavarov was released on 1 November 2009 and was later threatened with death if he would disclose any information on his detention. He reportedly filed a complaint with the public prosecutor’s office of Voronezh.

OMCT was informed of a similar case that occurred on 23 October 2009. Mr. Sergey Ezhov was reportedly forced into a silvery Mitsubishi car by three unidentified police officers in plain clothes near the “Vodny Stadium” metro station, in Moscow. While in the car, the police officers seized his belongings, including two mobile phones, 400 Ruble (RUB) and the keys of his flat. They also reportedly started questioning him, in particular about a member of The Other Russia Coalition. They urged him to call this member to set a meeting with him in exchange for he would be released. When Mr. Sergey Ezhov refused, he was allegedly beaten and threatened to be taken 2000km away from Moscow where nobody would find him and detained in a colony where he would be raped. After more than two hours, Mr. Sergey Ezhov was taken to the police office located in Lavochkin Street, in Moscow, and questioned about an alleged criminal case that would be opened against him in Naberezhnye Chelny, in the Republic of Tatarstan. When he refused to sign some papers, one of the police officers reportedly ordered two men, who were in custody, to sign the papers stating that Mr. Ezhov had refused to sign them.

According to the same information received, Mr. Sergey Ezhov was then put into the same care and taken to the Ministry of Interior of the Republic of Tatarstan, in Naberezhnye Chelny, where they arrived on 24 October 2009. He was reportedly interrogated by a man who introduced himself as the chief of the investigation department. When Mr. Sergey Ezhov again refused to respond to questions related to the member of The Other Russia Coalition and the Coalition more generally, the man informed him that he would write a report about the alleged criminal case Mr. Sergey Ezhov would be involved in. When Mr. Sergey Ezhov asked about this case, no information was reportedly provided to him. On 24 October 2009, he was released and returned home at his own expense. On 28 October 2009, he reportedly filed a complaint with the public prosecutor’s office of Moscow.

The International Secretariat of OMCT is gravely concerned about these events, in particular the allegations of torture and other ill-treatment as well as the threats against Mr. Konstantin Makarov and Mr. Sergey Ezhov. OMCT urges the Russian authorities to guarantee their physical and psychological integrity at all times and to carry out a prompt, effective, thorough, independent and impartial investigation into these allegations as well as the illegal and arbitrary detention, the results of which must be made public, 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 that the Government of Russia is legally bound to effectively ensure the psychological integrity of all persons deprived of liberty in accordance with international and regional human rights law, and in particular, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights, the European Convention on Human Rights, the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the UN Standard Minimum Rules for the Treatment of Prisoners.

Finally, OMCT recalls to the authorities of Russia that no one shall be subjected to arbitrary arrest or detention.

Action requested

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

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Konstantin Makarov and Mr. Sergey Ezhov;
2. Carry out a prompt, effective, thorough, independent and impartial investigation into these events, in particular the allegations of torture and other ill-treatment as well as into the death threats, the results of which must be made public, 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;
3. Ensure that an effective remedy as well as the right to full redress, including compensation and rehabilitation, is granted to the victims;
4. Ensure the respect of human rights and 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, Mr. 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;
• 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, 06 November 2009

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

[1] The National Bolshevik Party (NBP) 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.