Follow-up of the case MDA 210411

Threats/ Denial of adequate medical care/Fear for the safety

TheInternational Secretariat of the World Organisation Against Torture (OMCT) has received new information on the following situation inthe Republic of Moldova/ Region of Transnistria.

New information

TheInternational Secretariat of OMCT hasbeen informed by a reliable source and Antenna International, a memberorganisation of OMCT SOS-Torture Network, that Mr. Illie Cazac,a 25-year-old resident of Tighina(Bender), who was arrested by members of the Ministry of State Security (MGB)of the unrecognized Transnistrian authorities (Pridnestrovian Moldavian Republic[1] or PMR, alsoknown as "Pridnestrovie"), on 20 March 2010, allegedly tortured and ill-treatedin custody, and later sentenced to 14 years in prison“for grand treason and espionage in favour of the Republic of Moldova”, remainsdetained in Tiraspol Penitentiary no.2, without access to anindependent doctor and at risk of further threats and harassment.

Accordingto the information received, although Mr. Illie Cazac was allowed, on 22 April2011, to receive from his mother some food and medicines as well as to have adaily phone call with his family, he was also forced to provide a writtenexplanation to the prison administration on how his case became known at theinternational level. Furthermore, according to the same information received,two criminal detainees, who had been previously detained along with Mr. IllieCazac in Penitentiary no. 1/ Glinaia in summer 2010, and who had allegedlybeaten and threatened him with death and rape, were recently transferred to Tiraspol Penitentiary no.2 without anyparticular reason. OMCT fears for the safety of Mr. Illie Cazac.

According to the same information received, on 22 April 2011, Mr. Illie Cazac’s mother was informed that he would be allowed to“invite” a doctor to examine him, albeit only a doctor practising in the Transnistrian region. In the meantime, Mr. Illie Cazacwas examined, on 26 and 27 April 2011, by a stomatologistfrom the prison’s medical unit with regard to his toothaches. The doctorreportedly suggested him to extract six to seven teeth as the prison’s medicalunit is not equipped to treat dental caries, which he refused. On 16 May 2011, after complaining about chest pain, Mr. Illie Cazacwas reportedly again examined by a doctor from the medical unit and had anelectrocardiogram (ECG). However, he was reportedly not properly informed bythe doctor about the diagnosis and the medicines his mother would need to buyfor him. Mr. Illie Cazac would also suffer from digestive and gastric problems.

OMCTreiterates its previous call to the de facto Transnistrian authorities toguarantee that Mr. IllieCazac is promptly examined by an independent doctor and to allow his transferto a hospital where he can receive adequate medical care. More generally, OMCT remains gravely concerned about the safety and physical andpsychological integrity of Mr. Ilie Cazac and of his family and reiterates itscall to the de facto Transnistrian authorities to guarantee his safety at alltimes.

Background information

OMCThad earlier been informed aboutthe arrest and detention of Mr. Illie Cazac, an appointedinspector at the city’stax inspectorate, on 20 March 2010, on alleged charges of “state betrayal” and “espionage in favor ofthe Republic of Moldova” (according to the version of the Transnistrian authorities). Todate, the details of the accusations remain unclear. After Mr. Ilie Cazac’s arrest, his home was also reportedly searched bymembers of the MGB.

Accordingto the information received, Mr.Ilie Cazac was arrested at home, in the city ofTighina, and first held incommunicado. His family was not informed abouthis arrest and fate for two weeks. Mr. Cazac allegedly suffered torture andill-treatment, including beatings and conditions of detention amounting tocruel, inhuman or degrading treatment, with a view of extracting a “confession”(see Urgent appeal MDA 240111).

According to the same information, Mr. Ilie Cazac was assisted in courtby a lawyer appointed by the de facto Transnistrian authorities after being refused a lawyer from outsidethe region. This lawyer allegedly never informed on the details of the case. On9February 2011, following a trial heldbehind closed doors, Mr. Ilie Cazac was reportedly sentenced by the SupremeCourt of the Transnistrian region to 14 years in prison.

Mr. Ilie Cazac was subsequently transferred to the Tiraspol Penitentiary no.2,where he has remained detained in poor health. He complained of terribletoothaches and inflammation but he was refused any adequate medical care andtreatment.

OMCT has also been informedthat Mr. Ilie Cazac’s familyhas been repeatedly harassed, intimidated and threatened since his arrest byrepresentatives of the de facto Transnistrian authorities, with the result thathis family was forced to leave its home in Tighina.

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. Ilie Cazac and of his family;

ii. Grant Mr. Ilie Cazac full access to a lawyer of his choice and hisfamily, as well as guarantee that he is promptly examined by independentdoctors and receives adequate and free medical care, in accordance with, interalia, 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. Ilie Cazac, the result of which must be made public, inorder to bring those responsible before a competent, independent and impartialtribunal and apply penal, civil and/or administrative sanctions as provided bylaw;

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

Addresses

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

· VladimirIastrebciak, Foreign Minister of Transnistria, MD-330, 45 Sverdlova str., Tiraspol, Republic of Moldova; office(at)mfa-pmr-pmr.org,tel/fax: (373 533) 74346

· 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.

*******

Geneva, 17 May 2011.

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

[1] The Transnistrianregion broke away from Moldova, declaringindependence unilaterally in 1990. The self proclaimed PridnestrovianMoldavian Republic (PMR) is not recognized by theinternational community. Tighina (Bender) is a town controlled by theauthorities of the Republic of Moldova and of theself-proclaimed Pridnestrovian Moldavian Republic. Since the Moldovan-Russian Agreement on 21 July 1992, Tighina (Bender) is under astrong Russian peacekeeping presence.