Arbitrary detention of Mr. Anatoly Ataev and risk for his safety

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 arbitrary detention of Mr. Anatoly Ataev (born in 1970) in Krasnodar.

According to the information received, Mr. Anatoly Ataev, who was sentenced to 4.5 years prison for fraud and money laundering (Article 159 and 174 of the Russian Federation (RF) Criminal Code), was serving his sentence in pre-trial detention centre n°1 of Krasnodar. On 5 August 2008, Oktyabrsky district court ordered his immediate conditional release. However, Mr. Anatoly Ataev remained detained as the pre-trial detention centre authorities suspended the court decision and requested a confirmation which was later confirmed by the deputy chairman of the court, recalling that the release should be immediate. 20 days later Mr. Anatoly Ataev remains detained.

According to the same information, after Mr. Ataev’s lawyers addressed all instances (Prosecutor's Offices, the Investigation Committee under the RF Prosecutor's Office, State Administration of the Federal Penitentiary Service, Human Rights Commissioner, RF President's Administration) but to no avail, Mr. Anatoly Ataev started an hunger strike. The European Court of Human Rights was subsequently seized on 18 August 2008.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Anatoly Ataev, in particular with the reported arbitrary detention and risk for his safety and calls for his immediate release.

Action requested

Please write to the authorities in Russia urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Anatoly Ataev;
2. Guarantee immediate and unconditional access to his lawyers and family;
3. Order his immediate release;
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, 25 August 2008

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