Forced disappearance and risk for 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 forced disappearance of Mr. Oleg Kozlovskiy, a leader of the "Oborona" democratic movement, since 8 May 2008.

According to the information received, Mr. Oleg Kozlovskiy was arrested, on 6 May 2008, on his way to the site where the March of Dissent, organised by the Other Russia, was planned to start. Mr. Oleg Kozlovskiy was reportedly grabbed by four people in plainclothes from behind when he was walking with friends along Chistoprudnyy Boulevard and dragged into a police car. The alleged policemen reportedly did not introduce themselves or show any IDs. On 7 May 2008, he was sentenced to 13 days of administrative custody for resisting law-enforcement agencies (according to Article 19 of the Administrative Code) by the Bsamanny district court of Moscow.

Mr. Oleg Kozlovskiy was reportedly first detained at the Moscow branch of the Ministry of the Interior (located 65 Gylyarovsky St., block 3). His lawyer, Mrs. Anna Polozova, went to the Ministry of Interior on 8 May 2008 to meet with him but when she arrived Mr. Oleg Kozlovskiy was taken away by several guards and forced into a car. She was reportedly informed that Mr. Oleg Kozlovskiy was taken to the headquarters of the Moscow police located at Petrovka 38, allegedly because of lack of space, and was requested to leave. She intended to file a written complaint but to no avail. When she asked how it was possible to keep a person for two days and then not to have a place for him, she was reportedly grabbed by the arm and dragged out.

Since Mr. Oleg Kozlovskiy’s transfer, Ms. Anna Polozova and his mother were denied access to him and the police have further claimed not to detain him at the police headquarters. His whereabouts remain till this date unknown. OMCT has further been informed that Mr. Oleg Kozlovskiy had been on hunger strike to protest about this detention.

The March of Dissent, which was initially planned to take place on 6 May 2008, was cancelled following reports that the police would repress the participants. However, more than 70 individuals were reportedly still arrested and several were sentenced to various terms of administrative custody.

The International Secretariat of OMCT is gravely concerned about the forced disappearance of Mr. Oleg Kozlovskiy, being particular at risk of torture or other cruel, inhuman or degrading treatment. OMCT is further concerned with regard to his arrest and detention at is seems to be politically motivated. OMCT recalls that the Russian Federation is a State party to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights (ICCPR), which both prohibit cruel, inhuman or degrading treatment. OMCT also recalls to the Russian Federation that according to article 9 1) of the ICCPR “no one shall be subjected to arbitrary arrest or detention”.

Action requested

Please write to the authorities in Russia urging them to:

1. Immediately locate the whereabouts of Mr. Oleg Kozlovskiy;
2. Guarantee, in all circumstances, his physical and psychological integrity and guarantee any medical treatment he may require and immediate and unconditional access to his lawyer and family;
3. Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
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, 15 May 2008

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