Alert: New guide on best practices to protect detained children from torture
Moldova
30.05.16
Urgent Interventions

Ill-treatment and denial of adequate medical care for Mr. Oleksandr Lypovchenko

MDA 300516
Allegations of ill-treatment/ Denial of adequate medical care/ Critical health conditions / Inhumane and degrading conditions of detention
The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the Republic of Moldova / Transnistria.

Brief Description of the Situation

The International Secretariat of OMCT has been informed by reliable sources about the ill-treatment and denial of adequate medical care of Mr. Oleksandr Lypovchenko, a 37-year-old Ukrainian citizen, held in Prison n°3 in Tiraspol, Transnistria, also known as the Pridnestrovian Moldavian Republic (PMR)[1].

According to the information received, Mr. Lypovchenko, who suffers of hepatitis C and a venous insufficiency called thrombophlebitis that untreated could cause complications, including death, has been detained since 7 July 2015. In a context of alleged acts of ill-treatment, poor conditions of detention, a systematic denial of appropriate medical care and two hunger strikes lasting for several months, his medical condition has reached a critical point since his diseases have widespread.

In December 2015, he was extremely weak and exhausted when his mother visited him. In April 2016, he could hardly move his legs, had yellow blotches because of the hepatitis, and was diagnosed by doctors of the prison with “oedema in the lower limbs”, as consequence of his thrombophlebitis. Mr. Lypovchenko has been denied the option of being examined by external doctors and all the requests for hospitalization would have been constantly rejected on the grounds that his health was satisfactory.

Mr. Lypovchenko‘s case has been brought to the attention of the regional ombudsman, the ombudsman of Moldova, the Deputy Prime minister, the Bureau of reintegration of Moldova and the Ukrainian embassy in Moldova but his situation has not experienced any changes. Furthermore, representatives of the Ukrainian embassy in Moldova, visited the Tiraspol’s Prison No. 3 and assured that the condition of Mr. Lypovchenko was satisfactory, despite the fact that they wouldn’t have seen him in person.

According to the information received, Mr. Oleksandr Lypovchenko was detained on 7 July 2015 by the so-called “investigation committee of inquiry of the PMR” and on 9 July 2015 the Court of Tiraspol emitted a preventive arrest order against him[2]. He was then placed during 10 days in the basement of the Pre-trail Detention Centre of the Tiraspol “Militia”. Then he was transferred to the Temporary Detention Isolator – TDI No. 3 Tiraspol in a 6x4 square meter cell shared with 8 other detainees with no drinkable water and was allowed to shower once a week. Mr. Lypovchenko went on hunger strike from the first day of his detention to approximately mid-October 2015. On 31 July 2015, he was transferred to the psychiatric department of the Republican Hospital in Tiraspol, where he remained until 11 August 2015. Then, he was transferred back to to the Temporary Detention Isolator – TDI No. 3 Tiraspol in a cell of solitary confinement.

According to the same information, in March 2016, Mr. Oleksandr Lypovchenko was hospitalized in the psychiatric section of the medical unit of Isolator No. 3 from Tiraspol. He was forced to psychiatric examination and administered psychotropic substances with used syringes. Despite appeals to the Minister of Justice of the Pridnestrovian Moldavian Republic, no explanation of the reason of this hospitalization was given. As a form of protest, Mr. Oleksandr Lypovchenko went newly on hunger strike on 17 March 2016.

On 7, 8 and 14 of April 2016 Mr. Oleksandr Lypovchenko was allegedly beaten in the kidneys by the guardians of Tiraspol’s Isolator No. 3, who used their fists and feet for this purpose. He was then placed, because of his hunger strike, in a solitary confinement cell, where he had to sleep on a concrete floor and, as a result, developed pneumonia. However, Mr. Lypovchenko has never received medical care or treatment for the injuries caused by the acts of ill-treatment he’d have allegedly suffered. On 15 April 2016, a request was sent to the Prosecutor’s Office of Bender to initiate a criminal investigation into the acts of torture and ill-treatment committed against Mr. Lypovchenko.

In May 2016, Mr. Oleksandr Lypovchenko was transferred to the surgery ward of the medical Centre of Isolator No.3 because of his heath condition. Then, he ended his hunger strike on 19 May 2016, when he began to consume food, because he was allegedly administered preparations that stimulated the feeling of hunger.

The OMCT is gravely concerned about the critical health condition of Mr. Oleksandr Lypovchenko and the vital threat that represents the constant denial of adequate medical care, and calls on the de facto Transnistrian authorities to urgently guarantee the physical and psychological integrity of Mr. Oleksandr Lypovchenko and immediately transfer him to specialized institutions where he can receive adequate medical care and treatment.

The OMCT recalls to the de facto Transnistrian administration its responsibility to effectively ensure the physical and psychological integrity of all persons deprived of liberty in accordance with regional and international human rights law, and in particular the European Convention on Human Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment, and the UN Standard Minimum Rules for the Treatment of Prisoners.

Actions requested


Please write to the de facto authorities of the Region of Transnistria, authorities of the Republic of Moldova, the Russian Federation urging them to:

i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Oleksandr Lypovchenko;

ii. Order the immediate transfer of Mr. Oleksandr Lypovchenko to specialized institutions or civil hospitals where he can receive adequate medical examination and adequate medical treatment for his diseases;

iii. Carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of ill-treatment and torture inflicted on Mr. Oleksandr Lypovchenko;

iv. Ensure that adequate conditions of detention and medical services are guaranteed to all persons that have been deprived of liberty and detained in Transnistria, according notably to the UN Standard Minimum Rules for the Treatment of Prisoners;

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

vi. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Please copy also to the Embassy of Ukraine to the Republic of Moldova, the OSCE Mission to Moldova, the EU Delegation to Moldova and the Council of Europe Office of Moldova.

Addresses:

De facto Transnistrian authorities:

· Yevgeny Shevchuk Vasilyevich, President of the PMR, MD-3300, ул. 25 Октября, 42, Tiraspol, Republic of Moldova; for on-line petitions: http://president.gospmr.ru/ru/letter
· Baranova Nadejda, Head of Presidential Executive Office, 53 Gorkogo Str., Tiraspol, MD 3300, Republic of Moldova; for on-line petitions: http://president.gospmr.ru/ru/letter
· Bezbabchenko Andrey Ivanovich, Head of State Administration of Tiraspol, Str. 25 Oktyabrya, 101, Tiraspol, Republic of Moldova, Fax: (+373 533) 8-06-49.
· Finagin Vladislav Alexandrovich, Chairperson of the Committee of State Security of the PMR, MD-3300, 42 Manoilova str., Tiraspol, Republic of Moldova; press@kgb-pmr.com; tel/fax: (373 533) 80490
· Zvarich Olga Vladimirovna, Minister of Justice of the PMR, MD-3300, 26 Lenina str., Tiraspol, Republic of Moldova; tel:(373 533) 8-18-18; http://justice.idknet.com/PriemObr.nsf/main!OpenForm
· Alexander Deli, Prosecutor of Transnistria, Str. K. Libknekhta, 383, Tiraspol, Republic of Moldova; http://www.prokuror-pmr.org/index.php/internet-priemnaya
· Vladimir Sergeevich Rymar, Chairman of the Supreme Court of the PMR, Str. Yunosti 29, MD-3300, Tiraspol, Republic of Moldova; (373-533) 2-50-06, for on-line petitions: http://vspmr.org/mailform.php;
· Burla Mikhail Porfiryevich, Chairman of the Supreme Soviet of the PMR, Str. 25 Oktyabrya, 45, Tiraspol, Republic of Moldova, tel/fax (+373) 533 9 44 49; burla57@list.ru;

Republic of Moldova:

• Mr. Pavel Filip, Prime Minister of Republic of Moldova, Chisinau, Piaţa Marii Adunări Naţionale 1, for on-line petitions: http://www.gov.md/feedbacktxt.php?l=en&idc=439 • Mr. Edouard Harunjen, General Prosecutor ad interim, Republic of Moldova, Chisinau, str. Banulescu Bodoni 26; tel/fax.: (+37322) 212 032; email: procuror@procuratura.md • Mr. Mihai Poalelungi, President of the Supreme Court of Justice of Moldova, Republic of Moldova, Chisinau, str. Petru Rareş 18, e-mail: info@csj.md, Fax: (+373 22) 22 52 27; • Mr. Mihail Cotorobai, People’s Advocate, Ombudsman of Moldova, Sfatul Trii street, 16, 2012 Chisinau, Republic of Moldova. Fax: +373 22 22 54 42, e-mail: cpdom@mdl.net • H.E. Mr. Tudor Ulianovschi, Ambassador of the Permanent Mission of the Republic of Moldova, 28 Chemin du Petit Saconnex, 1209 Geneva, Fax +4122 733-91-04, E-mail: mission.moldova@ties.itu.int


Russian Federation:

· Mr. Mikhail Fedotov, Chairman of the Presidential Council for civil society and human rights. 103132, Moskva, Staraya pl., d 8/5, pod 3, Fax: +7 (495) 20 64 855, e-mail: president-sovet@mail.ru, fedotov_MA@gov.ru ;
· Ms. Tatiana Moskalkova, High Commissioner for Human Rights in the Russian Federation, Myasnitskaya Ul. 47, 103084, Moscow, Russian Federation. Fax: +70 95 207 39 77, e-mail: rusombuds@ropnet.ru ;
· H.E. Ambassador Alexey Borodavkin, Permanent Representative, Permanent Mission of the Russian Federation to the United Nations in Geneva, Avenue de la Paix 15, CH-1211, Geneva 20, Switzerland. Fax : +41 22 734 40 44, E-mail : mission.russian@vtxnet.ch
. Ambassador Ivan Soltanovsky, Permanent Representative of the Russian Federation to the Council of Europe, 75, allée de la Robertsau, 67000 Strasbourg, France. Fax : (+33) (0) 3 88 24 19 74. Email : representationpermderussie@wanadoo.fr
Embassy of Ukraine to the Republic of Moldova:
· Ambassador Serhii Pyrozhkov, 17, Vasile Lupu Str., Chisinau, 2008, Republic of Moldova. Fax: (00373 22) 582108. Email: emb_md@mfa.gov.ua, ambasua@ukr.net
OSCE Mission to Moldova:

· Ambassador Micheal Scanlan, Head of Mission, Alexei Mateevici Str. 75, MD-2009 Chisinau, Moldova. Fax: +373 22 22 34 96. Email : moldova@osce.org

Delegation of the European Union to Moldova:

· Pirkka Tapiola Kogalniceanu, Head of Delegation, Street nr 12 MD 2001 Chisinau, Republic of Moldova Fax: (+373 22) 27 26 22, Email: delegation-Moldova@eeas.europa.eu

Council of Europe Office in Moldova:

· José Luis Herrero, Head of Office, 63 Vlaicu Pircalab Street 2012 Chisinau, Republic of Moldova, Fax : +373 22 202 305, Email : fieldchisinau@coe.int

Please also write to the embassies of the Republic of Moldova and of the Russian Federation in your respective country.

*******

Geneva-Brussels, 30 May 2016

Kindly inform us of any action undertaken quoting the code of thisappeal in your reply.



[1] The PMR is a separatist entity that split from the Republic of Moldova in 1990 but that has not been recognized by the international community.

[2] On 28 March 2016 Mr. Lypovchenko was condemned for extremism to 3 years 6 months of prison and he is now waiting for his appeal to be examined. According to the information received, he would have denounced the illegal action of “Militia” investigators and expressed his disagreement with the regime of Tiraspol.




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