Allegations of torture and ill-treatment/Denial of adequate medical care/ Sentencing following an unfair trial/ Lack ofan effective investigation/ Fear for the safety

TheInternational Secretariat of the World Organisation Against Torture (OMCT)requests your URGENT intervention in the following situation intheRepublicof Moldova/ Region of Transnistria.

Brief Description of the Situation

TheInternational Secretariat of OMCT has been informed by a reliable source and Antenna International, a member organisation of OMCT SOS-TortureNetwork, about the alleged torture and ill-treatment suffered by Mr. OstapPopovskyi, a 26-year-old resident of Tiraspol and originally fromOvidiopol, Ukraine, and the denial of adequate medical assistance.

According to the information received, Mr. Ostap Popovskyiwas violently arrested without a warrant in Tiraspol by members of the Narcotics Control Bureau, Ministry of Internal Affairs of the unrecognized Transnistrian authorities(Pridnestrovian Moldavian Republic[1] or PMR, alsoknown as "Pridnestrovie"), on 29 June 2009, onalleged charges of "illegalacquisition, storage, transportation, making, sending and sale of narcoticdrugs or psychotropic substances".

According to the same information received, Mr. Ostap Popovskyi allegedly suffered torture andill-treatment, including severe beatings and humiliations, by agents of theMinistry of Internal Affairs, and conditions of detention amounting to cruel,inhuman or degrading treatment, with a view of extracting a “confession”. Hewas detained during four months in an overcrowded cell ofthe Tiraspol pre-trial detentioncentre. The window of the cell was reportedly covered withplywood dragging the temperature inside the cell up to around 35 degrees. Hewas also threatened with starvation, long term detention with common criminalsand restricted access to medical care, while suffering from asthma and otherhealth problems. The adjunct chiefof the investigation section of the Ministry of Interior allegedly asked Mr.Ostap Popovskyi 20 000 $ for his release. Mr. Ostap Popovskyi's mother lodged acomplaint before the President of the PMR denouncing the torture inflicted onher son. However, to date, no investigation has been reportedly carried outinto these aforementioned allegations.

According to the same information received, Mr. OstapPopovskyi was allowed to see a lawyer, albeit a court-appointedlawyer, only three days after his arrest. His mother later hired another lawyerbut this latter reportedly faced several obstacles. On 29 September 2010, Mr. Ostap Popovskyi was reportedly sentenced to 15years in prison by the Court of Tiraspol, on the basis of the confessionobtained under torture. Mr. Ostap Popovskyi appealed against the sentence tothe Supreme Court but the court dismissed the appeal.

According to the same information received, Mr. OstapPopovskyi has suffered from asthma since his childhood and, after his arrest,he has reportedly suffered various attacks. During the first four months of hisdetention, he was reportedly denied any medical examination and care. He wasonly later hospitalized, from October 2009 to February 2010, for breathingproblems in the center for care and social rehabilitation within the"State Enforcement Service" of the PMR Ministry of Justice, which islocated in prison Nr. 3. After his sentencing, he was transferred to themedical unit of prison Nr. 2, where he remains currently detained. He wouldsuffer from asthma, chronic bronchitis and gastritis, dyskinesia of the gallbladder.It is reported that his health has worsened due to the lack of adequate medicaltreatment in the medical unit. Furthermore, some of the medicines sent by hismother are regularly seized. OMCT has also beeninformed that Mr. Ostap Popovskyi was initially denied contact with his family. At present, periodic visits of his mother and foodtransfer are allowed, but with restrictions.

OMCT expresses its concerns for thesafety and physical and psychological integrity of Mr. Ostap Popovskyi and ofhis family and calls on the de facto Transnistrian authorities to guarantee his safety at all times andimmediately release him.

Actions requested

Please write to the de facto authorities of the Region of Transnistria (so-called Pridnestrovian Moldavian Republic), the authorities of the Republic ofMoldova and the Russian Federation, and urging them to:

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

ii. Grant Mr. Ostap Popovskyi unrestricted access to hislawyer and his family, as well as guarantee that he is promptly examined byindependent doctors and receives adequate and free medical care, in accordancewith, inter alia, the UN Standard Minimum Rules for the Treatment of Prisoners;

iii. Order his immediaterelease;

iv. Carry out a prompt,effective, thorough, independent and impartial investigation into these events,in particular the allegations of torture and ill-treatment inflicted on Mr. Ostap Popovskyi, the result of which mustbe made public, in order to bring those responsible before a competent,independent and impartial tribunal and apply penal, civil and/or administrativesanctions as provided by law;

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

De facto Transnistrian authorities:

· IgorSmirnov, President of Transnistria, MD-3300, ул. 25 Октября, 45, for on-line petitions: http://president.pmr-gov.org/anketa.Tiraspol, Republic of Moldova;

· RogojinaL. P., Presidential Administration, MD-3300, nr 45, 25-Oktyabrya str., Tiraspol, Republic of Moldova; tel:(373533) 6-27-36; tel/fax: (373 533) 9-72-44;

· VladimirAntyufeev, Ministery of State Security, MD-3300, 42 Manoilova str., Tiraspol, Republic of Moldova; priem@mgb-pmr.org; tel/fax: (373 533) 94627

· StepanovS., Ministry of Justice, MD-3300,26 Lenina str., Tiraspol, Republic of Moldova; tel.: (373 533) 8-17-53, 9-20-41; inbox@justice.idknet.com

· AnatoliGuretski, Prosecutor of Transnistria,MD-3300, Tiraspol, 383 Liebknechtstr., Republic of Moldova; tel.: (373 533) 9-51-47,9-44-84; fax: (373 533) 9-44-92;

· Rimari V.S.,Chairman of the Supreme Court,MD-3300, 29. Iunosti str., Tiraspol, Republic of Moldova; тел./факс: (373-533) 2-50-06, for on-linepetitions: http://vspmr.org/mailform.php;

· Kaminski A.V., Chairman of the Supreme Soviet (LocalParliament),MD-3300, ул. 25 Октября, 45,., Tiraspol, Republic of Moldova; kav@vspmr.org;

Republic of Moldova:

· Vlad Filat, Prime Minister of Republic of Moldova, Chisinau, Piaţa Marii Adunări Naţionale 1, Tel. (+373 22) 250 101; for on-line petitions: http://www.gov.md/feedbacktxt.php?l=en&idc=439

· ZubcoValeriu, General Prosecutor, Republic of Moldova, Chisinau, str. BanulescuBodoni26 ; tel/fax.: (+ 373 22) 212 032; email: procuror@procuratura.md, for on-line petitions: http://www.procuratura.md/md/exp2/

Russian Federation:

· Mikhail AlexandrovichFedotov, Chairman of the Presidential Human Rights Commission of the RussianFederation, 103132, Moskva, Staraya pl., d 8/5, pod 3, Fax: +7 (495) 20 64855;

· Vladimir Lukin, Russian Federal Ombudsmanfor Human Rights, , Fax: +7 495 207-74-70;

· Permanent 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 22 734 40 44;

Please also write to the embassies of the Republic of Moldova and ofthe Russian Federation in yourrespective country.

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Geneva, 28 October 2011

Kindly inform us of any action undertaken quotingthe code of this appeal in your reply.

[1] The Transnistrian region broke away from Moldova,declaring independence unilaterally in 1990. The self proclaimed Pridnestrovian Moldavian Republic (PMR) is not recognized by theinternational community.