Denial of medical care/ Arbitrarydetention/ 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 arrest and administrative detentionof Mr. Sergey Udalzov, leader of thepolitical group Left Front and one of the organisers of a peaceful protest againstalleged election fraud that took place in Moscow, beginning of December 2011. OMCT isconcerned about his health since he has been denied adequate medical care.

According to the information received, Mr.Sergey Udalzov was arrested on 4December 2011, the day of parliamentary elections in Russia, by policemen inplain clothes at the exit of a metro station, in Moscow, and sentenced tofive days administrative custody for allegedly refusing to obey lawful demandof the police. According to a witness’s testimony, the place of arrestindicated in the police report was not the one where the arrest took place.

On 7 December 2011, Mr. Sergey Udalzov was taken to the hospitalafter he started a dry hunger strike. The term of his sentence ended on 9 December 2011 but he was notreleased. When he tried to leave the hospital to participate in a protest rallyon 10 December 2011, he was reportedlyanew detained and sentenced to 15 days administrative detention. On 11 December 2011, he was again takento the hospital but the police reportedly put pressure on the doctors to dischargehim. The next day, on 12 December 2011, he was broughtback to the detention centre located on SimferopolskiyBoulevard.

According to the sameinformation, from 14 December 2011 to date, Mr. Sergey Udalzov has been taken severaltimes to the hospital but, because of the pressure exerted by officers from theDepartment to Combat Extremism and the Federal Security Service (FSB) on thedoctors, he has not been properly examined and has not received adequatemedical assistance despite his condition. OMCT fears that the security forces are denying him access to adequatemedical examination and treatment in order to sanction him. OMCT recalls that such actions violate Russia’sobligations under international human rights law and OMCT therefore urges thecompetent Russian authorities to allow without any interference medicaltreatment of Mr. Sergey Udalzov. The competent Russian authorities must ensurethat all detainees have full acces to medical treatment by independentprofessionals and are treated humanly in accordance with, iner alia, the UNBody of Principles for the Protection of All Persons under Any Form ofDetention or Imprisonment.

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Furthermore, OMCT is concerned that Mr. Sergey Udalzov has been detained solely for exercising hisrights to freedom of expression and of association. OMCT condemns the use ofadministrative detention to detain persons exercising their right to freedom ofexpression.

Actions requested

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

i. Guarantee, in allcircumstances, the physical and psychological integrity of Mr. Sergey Udalzov and of his family;

ii. Guarantee that he ispromptly examined by independent doctors and receives adequate and free medicalcare, in accordance with, inter alia, the UN Body of Principles for theProtection of All Persons under Any Form of Detention or Imprisonment;

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

iv. Carry out a prompt,effective, thorough, independent and impartial investigation into these events,in particular the arbitrary arrest and the denial to grant him adequate medicalexamination and treatment, the result of which must be made public, in order tobring those responsible before a competent, independent and impartial tribunaland apply penal, civil and/or administrative sanctions as provided by law;

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

vi. 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 Russian Federation, DmitryAnatolyevich Medvedev, 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, Russian Federation, Fax: + 7(495)692-17-25;

ØChairman of the PresidentialHuman Rights Commission of the Russian Federation, Mikhail Fedotov,103132 g. Moskva, Staraya ploshchad, d 8/5,pod 3, Russian Federation, Fax: +7495 20 64 855;

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,Geneva 20, Switzerland, E-mail : mission.russian@ties.itu.int, fax: +41 22 73440 44;

Please also writeto the embassies of the Russian Federation in your respective country.

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Geneva, 20 December 2011

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