Denial of medical care/ Ill-treatment/Due process violations/ Lack of an effective investigation/ Fear for the safety

The International Secretariat of the WorldOrganisation Against Torture (OMCT) requests your URGENT intervention inthe following situation intheRussian Federation.

Brief Description of the Situation

The International Secretariat of OMCT has beeninformed by the Russian-Chechen Friendship Society (RCFS), a memberorganisation of OMCT SOS-Torture Network, about the denial of adequate medical examination and treatment to Ms. TaisiaOsipova, a 26-year-old resident of Smolensk, province of Smolensk, sinceher arrest, on 23 November 2010, although she is suffering from multiplechronic diseases. She is currently detained in poor conditions at the pre-trialdetention centre (SIZO) 1, in Smolensk.

According to the informationreceived, Ms. Taisia Osipova was arrested at home, in Smolensk, by around 20 policemen and officers from theDepartment to Combat Extremism of the RussianFederation, on 23 November 2010. The officers reportedly violently entered Ms. Taisia Osipova’s house andwent from one room to another turning everything upside down while forcing Ms.Taisia Osipova to stay with her 6-year-old daughter in one of the rooms. Ms. Taisia Osipova was brought to thepre-trial detention centre (SIZO) 1, in Smolensk, after the officers allegedly found fivepacks of greyish substance among her daughter's clothes and a marked 500-rublenote. During the arrest, Ms. Taisia Osipova sustained injuries on her arms. Thepolicemen also allegedly severely beat and used electroshocks on the family’sdog in front of Ms. Tiasia Osipova’s daughter, who then remained locked alonetwo hours in the bathroom. She was later taken to her aunt by the police.

According to the sameinformation received, Ms. Taisia Osipova was later charged with “illegaldistribution of drugs” by the Zadneprovskyi district court, in Smolensk, and she wasremanded in custody pending investigation. Since her arrest, Ms. Taisia Osipova has reportedlysuffered pressure by officers of the Department to Combat Extremism in order toobtain a confession to the alleged aforementioned crime and information abouther husband, who is a senior member of the political opposition party, DrugayaRussia[1].Thepressure has reportedly included threats to remove her parental right over herdaughter if she refuses to collaborate, poor conditions of detention and denialof adequate medical examination and treatment, although she has been sufferingfrom sugar diabetes, pancreatitis, chronic pyelonephritis and chronictoxic-allergic hepatitis[2].

Since January 2011, Ms. Taisia Osipova's lawyers hadalso presented several requests for a complete medical check-up of Ms. TaisiaOsipova on the basis of Article 110, paragraph 1.1 of the Code of CriminalProcedures of the Russian Federation, which allows for the provisional releasefrom pre-trial detention of individuals with serious health conditions(including diabetes type 1), but to no avail. Ms. Taisia Osipova's lawyersubsequently filed a civil lawsuit before the Leninskiy district court of Smolensk. On 16 June 2011, the court reportedly ordered the prisonadministration to ensure a medical examination of Ms. Taisia Osipova.

On 6 July 2011, Ms. Taisia Osipova was reportedlytransferred to the regional hospital of Smolensk but without any prior announcement to herfamily and lawyer, or any explanation about this transfer. She was kept two days alone in a hospital roomguarded by two security officers and handcuffed to her bed, including duringthe night (she was also handcuffed when she went to the toilets). She wasdenied some personal belongings too. On 7July 2011, Ms. Taisia Osipova was reportedly examined at theendocrinology department of the hospital. The medical conclusions, which weresubsequently presented to the court, reportedly only listed the results of theultrasound, urine and blood tests that were carried out. No diagnosis wasallegedly established by the doctors. It is feared that the examination was notthoroughly conducted and no diagnosis established to minimize her medicalcondition.

According to the same information received, while shewas at the hospital, Ms. Taisia Osipova's family and lawyers were not allowedto visit her, although these latter needed to consult her in order to prepare acourt session that had been fixed for 8 July 2011. Her lawyers reportedlyrequested a postponement of the court hearing which was granted, however onlyfor a few hours. The court hearing before the Smolensk Zadneprovskiy district courteventually took place on 8 July 2011 at 2.p.m, during which the aforementionedmedical conclusions were presented. Her lawyers asked anew for an independentmedical examination, including a drug-addiction test after the prosecutorreportedly accused Ms. Taisia Osipova to be a drug addict. However, thisrequest was denied. Ms. Taisia Ospivoa’s detention was extended until 11October 2011,decision that was upheld by the regional court on 21 July 2011. A new court hearing was set for 11 and 12August 2011 by theZadneprovskiy district court.

OMCT has also been informed that, since 15July 2011,peaceful demonstrations have been held in Moscow to protest against Ms. Taisia Osipova'sunlawful detention and conditions of detention. More than hundred individuals have beenreportedly arrested since the beginning of the demonstrations, among themseveral were injured during the arrest. They have been charged under article 19,part 3 (“offering resistance to the police”) and article 20, part. 2(“participating in an unauthorized rally”) of the Russian Administration Code.

The International Secretariat of OMCT is concernedabout the physical and psychological integrity of Ms. Taisia Osipova. OMCTfears that adequate medical examination and treatment are being denied to Ms.Taisia Osipova to keep pressure on her. OMCT is also concerned about herconditions of detention and the circumstances of her arrest.

OMCT recalls that the Russian Federation is legallybound to effectively ensure the physical and psychological integrity of allpersons deprived of liberty in accordance with regional and international humanrights law, and in particular, the European Convention on Human Rights, therecommendations of the European Committee for the Prevention of Torture andInhuman or Degrading Treatment or Punishment, the Convention against Tortureand Other Cruel, Inhuman or Degrading Treatment or Punishment, theInternational Covenant on Civil and Political Rights and the UN Standard MinimumRules for the Treatment of Prisoners.

Actions requested

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

i. Guarantee, in allcircumstances, the physical and psychological integrity of Ms. Taisia Osipova and of her family;

ii. Grant Ms. Taisia Osipovafull access to her lawyers and her family;

iii. Guarantee that she ispromptly examined by independent doctors and receives adequate and free medicalcare, in accordance with, inter alia, the UN Standard Minimum Rules for theTreatment of Prisoners;

iv. Order her immediate release in the absenceof valid legal charges and judicial process consistent with internationallegal standards, or if such charges exist, bring herbefore an impartial and competent tribunal and guarantee her procedural rightsat all times;

v. Carry out a prompt,effective, thorough, independent and impartial investigation into these events,in particular into the circumstance of her arrest, the alleged pressure by officers of theDepartment to Combat Extremism in order to obtain a confession, including the conditions of detention and the denial to grant heradequate medical examination and treatment, the result of which must be madepublic, in order to bring those responsible before a competent, independent andimpartial tribunal and apply penal, civil and/or administrative sanctions asprovided by law;

vi. Ensure that adequate, effective and prompt reparation,including adequate compensation and rehabilitation, is granted to the victimconcerned;

vii. Guaranteethe respect of human rights and the fundamental freedoms throughout the countryin accordance with national laws and international human rights standards.

Addresses

ØPresident of the RussianFederation, Dmitry AnatolyevichMedvedev, Kremlin, Moscow, Russia, Fax:+ 7 495 2065173 / 230 2408, Email: president@gov.ru;

ØProsecutor General of the RussianFederation, YuriChayka, 125993, Moskva K-31, Ul. B. Dimitrovka, d 15a, RussianFederation, Fax: + 7 (495)692-17-25;

ØChairwoman of the PresidentialHuman Rights Commission of the Russian Federation, Ella Pamfilova, 103132 g.Moskva, Staraya ploshchad, d 8/5,pod 3, Russian Federation, Fax: +7 495 20 64855;

ØRussian FederalOmbudsman for Human Rights, Vladimir Lukin, Fax: +7495 207-74-70;

ØMinister of InternalAffairs, Rashid Nurgaliev, ul. Zhitnaya, 16, 117049 Moscow, RussianFederation, Telegram: Rossiia, 117049,Moskva, Fax: + 7 495 237 49 25;

ØPermanent Mission of theRussian Federation to the United Nations in Geneva Av. de la Paix 15, CH-1211, Geneva20, Switzerland, E-mail : mission.russian@ties.itu.int, fax: +41 22 734 40 44;

Pleasealso write to the embassies of the Russian Federation in your respective country.

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Geneva, 25 July 2011

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

[1] Drugaya Russia is a non-registered party that was created on the basis of thecoalition under the same name after it fell apart. The coalition was the movingforce of Dissenters' Marches held in the period of 2006 to 2008.

[2] See OMCT Open letter to the President of the Russian Federation sent on 21 June 2011.