Alleged torture and other cruel, inhuman and degrading treatment at the detention colony YaB 48/T-1 in Cheliabisnk region

Geneva, 5 May 2010

Re: Alleged torture and other cruel, inhuman and degrading treatment at the detention colony YaB 48/T-1

Your Excellency,

The World Organisation Against Torture (OMCT), the largest network of NGOs fighting against torture, summary executions, enforced disappearances and all other cruel, inhuman or degrading treatment or punishment in the world, is writing to you to express its serious concern about allegations of torture and ill-treatment, including denial of medical treatment, at the detention colony YaB 48/T-1, located in the town of Verkhneuralsk, in the region of Cheliabisnk.

OMCT has been informed by reliable sources about the death of Mr. Pavel Dedlovskiy, who was an inmate at the detention colony YaB 48/T-1. According to the information received, on the night of 22 January 2010, Mr. Pavel Dedlovskiy, who was allegedly suffering from chronic diseases, asked for medical attention as he was feeling gravely sick. However, Mr. Pavel Dedlovskiy did not get any help. On the contrary, the guards reportedly punished him for disturbing at night. According to the testimonies of three of his cell mates, Mr. Pavel Dedlovskiy was kicked and hit with a rubber baton by a guard as "he dared to disturb and simulating diseases". Mr. Pavel Dedlovskiy died on 23 January 2010. Mrs. Maria Rjazanova, wife of Mr. Pavel Dedlovskiy, received a death certificate from the colony stating that her husband had reportedly died as a result of accidental poisoning with unidentified substance. However, no proper investigation has been reportedly conducted so far into the circumstances leading to Mr. Pavel Dedlovskiy’s death.

OMCT has also been informed about the denial of medical attention to Mr. R. Aberkhaev, another inmate at the detention colony YaB 48/T-1, who is reportedly detained along 18 other inmates in a 20 square meters cell. Mr. R. Aberkhaev is AIDS-positive and as a consequence he is suffering from several diseases, including type C hepatitis, pyelonephritis, chronic arthritis and osteochondrosis of the backbone, which cause him a lot of pain. Nevertheless, he does not get any painkillers. From 3 August 2009 to 20 August 2009, Mr. R. Aberkhaev was taken to the prison hospital LPU-3, located in Chelyabinsk town. Upon his arrival, he was reportedly handcuffed, beaten up and stripped naked by personnel of LPU-3. He did not receive any medical treatment. He was only taken a blood sample on the eighth day of being at this medical institution. According to his lawyer’s account, during the 17 days that he remained at the hospital, Mr. R. Aberkhaev lost 17 kg of his weight.

According to the same information received, the conditions of detention in the colony are very poor, including extreme cold and moist cells, no additional window frames to the window and concrete floors, resulting in the spreading of TB among detainees. The yards, where the detainees are supposed to walk, are roofed, preventing them to see open sky and the sun, as well as quite small (the roofed walking yard is reportedly ten square meters whereas eighteen inmates are brought there for a walk).

Furthermore, it is reported that often three days pass before a detainee, who has requested to see a doctor, is eventually examined; prison doctors have sometimes claimed not to have any medicines and, when relatives send some medication, these are allegedly stored and not given to the detainees. Denial of medical attention has been reportedly used as a way to extract a confession or to obtain information from the inmates.

Other inmates at detention colony YaB 48/T-1 have reported further acts of cruel, inhuman and degrading treatment, including stripping naked in women’s presence, beatings with batons, and standing with arms and legs stretched against a wall for hours.

OMCT is gravely concerned about the physical and psychological integrity of the inmates detained at the colony YaB 48/T-1. In particular, OMCT is concerned about the safety of Mr. R. Aberkhaev given the denial of medical attention and reported ill-treatment which he has been subjected to. OMCT recalls that the Russian Federation is legally bound to effectively ensure the physical and psychological integrity of all persons deprived of liberty in accordance with regional and international human rights law, and in particular, the European Convention on Human Rights, the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights and the UN Standard Minimum Rules for the Treatment of Prisoners.

OMCT wishes to further recall that, in the Concluding Observations issued after examining the Russian Federation report in October 2009, the Human Rights Committee recommended that the State party "should continue to take measures to improve conditions of detention of persons deprived of their liberty through its Federal Special-Purpose Programme" (CCPR/C/RUS/CO/6 § 20). OMCT also recalls that the Committee against Torture recommended, in November 2006, that the Russian Federation "should consider the establishment of a health service independent from the Ministries of Internal Affairs and Justice to conduct examinations of detainees upon arrest and release, routinely and at their request, alone or together with an appropriate independent body with forensic expertise, so that serious medical cases, particularly deaths in custody, are examined by impartial experts and results are made available to relatives of the deceased" (CAT/C/RUS/CO/4 § 17).

Accordingly, OMCT urges you, Your Excellency, to ensure that the competent authorities carry out a prompt, effective, thorough, independent and impartial investigation into the abovementioned facts, in particular into the death in custody of Mr. Pavel Dedlovskiy, the result of which must be made public, in order to identify all those responsible, bring them to trial and apply adequate sanctions. Victims of torture and other forms of ill-treatment must be ensured the right to an effective remedy for the human rights violations suffered as well as the right to full redress, including compensation and rehabilitation.

OMCT hopes that the concerns expressed in this letter will receive the attention they deserve.

Yours sincerely

Eric Sottas
Secretary General, OMCT

CC:

Mr. Vladimir Lukin, Russian Federal Ombudsman for Human Rights, Fax: +7 495 207-74-70
General Mayor Zhidkov Vladimir, Chief GUFSIN, Cheljabinsk Region, Fax: +7 351 267416
Mr. Alexander Sorokin, Chief Detention Colony ЯВ 48/Т-1 (YaB 48/T-1), Tel. 2-1398, 2-2533