Arbitrary detention after participation in a peaceful protest

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 a reliable source and by Antenna International, a member of OMCT SOS-Torture network, about the sentencing of Messrs. Sergey Baranov and Alexey Makarov, two members of the banned National-Bolshevik Party (NBP) party, subsequent to their participation in a peaceful protest denouncing the 2004 Beslan school hostage-taking.

According to the information received, on 3 September 2008, Messrs. Sergey Baranov and Alexey Makarov were sentenced by the Moscow Presnenskiy District Court to five days in custody after they mounted, on the same day, a slogan saying “Putin is an executioner of Beslan” from the roof of house #2 in Krasnopresnenskaya embankment. They were charged with “minor misdemeanour”, under Article 20.1 of the Administrative Code, because the building is situated in front of the White House, the office of the Russian Government. They also disseminated fliers which stated, “Who but you, citizen Vladimir Putin, gave the order to storm the school? It is because of you that tanks and grenade launchers shot at the school. Who didn’t leave any chances for the children to survive just “to keep your image”? Where were your subordinates, the Heads of the Ministry of Internal Affairs (MVD) and of the Federal Security Service (FSB) Nurgaliev and Patrushev, at the time of the act of terror?” The flier ends with the statement, “We are mourning but we are not going to remain silent”.

Messrs. Sergey Baranov and Alexey Makarov are currently detained in a SIZO (a pre-trial detention facility) in Guilyarovskiy Street, in Moscow.

The International Secretariat of OMCT is gravely concerned for the safety of Messrs. Sergey Baranov and Alexey Makarov, who seemed to have been arrested and sentenced solely for their rights to freedom of expression.

Action requested

Please write to the authorities in Russia urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Messrs. Sergey Baranov and Alexey Makarov;
2. Guarantee immediate and unconditional access to their lawyers and family;
3. Order their immediate release in the absence of valid 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 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:+ 7 095 206 5173 / 230 2408, Email: president@gov.ru;
• Prosecutor General of the Russian Federation, Vladimir Ustinov, 103793 g. Moskva K-31, Ul. B. Dimitrovka, d 15a, Russian Federation, Fax: + 7 095 292 88 48;
• 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:+70952064855;
• Vladimir Lukin, Russian Federal Ombudsman for Human Rights, Fax: +7 495 207-53-37;
• Minister of Internal Affairs, Rashid Nurgaliev, ul. Zhitnaya, 16, 117049 Moscow, Russian Federation, Telegram: Rossiia, 117049, Moskva, Fax: + 7 095 237 49 25;
• Minister of Foreign Affairs, Sergey Lavrov, Smolenskaya-Sennaya pl, 32/34, 121200 Moscow, Russian Federation, Telegram: Fax:+ 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 Russia in your respective countries.

Geneva, 5 September 2008

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