Russia
05.09.02
Urgent Interventions
Russia: Cruel, inhuman and degrading treatment and torture of two children
CHILD CONCERN
Case RUS 050902.CC
Cruel, inhuman and degrading treatment and torture
The International Secretariat of 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, that 2 adolescents, Andrei Victorovitch Osenchugov and Alexei Vladimirovitch Shishkin have been subjected to serious ill-treatment while in pre-trial detention at Nizhny Novgorod, the regional pre-trial detention centre and continue to be exposed to a high risk of serious ill-treatment.
According to the information received, the two 17 year-old adolescents, were arrested on 5 March 2002, together with other two minors, on suspicion of robbery and were transferred two days later, on the order of the prosecutor of the Sormovski District of the City of Nizhny Novgorod, to the Nizhny Novgorod regional pre-trial detention center (sledstvennyi izolyator) IZ –52/1, in Novgorod.
In the pre-trial detention center Osenchugov was put in a cell together with other minors and an adult person, Mr. Petrov Michail Germanovitch. On July 27, 2002, after almost four months of pre-trail detention, a prison guard allegedly brought Mr. Petrov out of the cell, who, upon his return, told Osenchugov that he had a conversation with a prison officer (operativnyi sotrudnik), whose name he had not told. Mr. Petrov explained that officer ordered him to force Osenchugov to write a confession about having performed other robberies. When Osenchugov refused to write such a confession, Petrov recommended him to think until the evening. Half an hour after this conversation another adult named Sergei was put in the cell. Sergei and Petrov threatened Osenchugov and told him that he would not sleep at night because they will “work on him”.
That night, after having severely ill-treated another juvenile in the cell, Sergei and Petrov allegedly called Osenchugov, tied his hands behind his back, put him on the floor, covered him with a blanket and a mattress and beat and kicked him during 20 minutes. Then Sergei and Petrov again asked Osenchugov to confess, but Osenchugov again refused. Sergei then reportedly struck Osenchogov’s face, than took a water-boiler cable and whipped Osenchogov. Around 4 a.m., when the prison guard started to distribute bread to the cells, Sergei stopped beating and promised to Osenchugov that the torture would continue next night.
According to the information, the next night, on July 28, Sergei and Petrov again asked Osenchugov whether he would write the confessions. After his negative answer, Sergei and Petrov tied Osenchugov’s hands behind his back, hanged him by his hands from ventilation bars and started to beat him. Writhing with pain, Osenchugov struck the cell door with his leg. The prison guard allegedly went to the door, looked into cell, saw Osenchugov hanged, but did not interfere and went away.
Since Osenchugov continued to refuse to write confession, Sergei and Petrov reportedly tied one of his hands down to the canalization pipe, inserted the water-boiler cable into the outlet and tortured Osenchugov with electricity. Because of the pain Osenchugov fell unconscious and Sergei and Petrov woke him up with cold water. Osenchugov was finally forced to confess his involvement in 5 or 6 cases of robbery, mentioning Shishkin as an accomplice. Petrov and Sergei promised Osenchugov that they were going to “work” on Shishkin on the following day in order to check the truthfulness of Osenchugov’s confessions.
The same source of information reported that on 30 July, Shishkin was moved into the cell where Sergei and Petrov were detained. Sergei and Petrov beat Shishkin in order to force him to confirm Osenchugov statements.
The parents of Osenchugov and relatives of Shishkin have not seen their sons since the moment of their arrest, despite their numerous requests to visit them, which were systematically refused by Investigator Sarkisova.
On 1 August 2002, Shishkin and Osenchugov were allegedly brought to the Sormovski district court for trial. In the courtroom Osenchugov informed the judge Grigoriev that he was ill-treated in the cell and need medical aid. The judge called the emergency doctor Kislitsina who examined Osenchugov in the presence of judge Grigoriev, Osenchugov’s and Shishkin’s defense lawyers and a security guard. Doctor Kislitsina found haematomas on Osenchugov’s back, a number of traces of pricking on the belly, and a number of round burns on his arms and legs. The doctor assumed that one rib was broken and proposed hospitalization. The judge did not allow to hospitalize Osenchugov, he however postponed the trial and ordered to transfer Osenchugov to the hospital of the pre-trial detention centre. The doctor also examined Shishkin and found bruises on his chest.
On 2 August 2002 Osenchugov’s parents reportedly went to the office of chief officer of the pre-trial detention center, Mr Topanov, in order to enquire whether any medical aid had been provided to their son. Nevertheless, the deputy of Mr. Topanov informed them that their son was still in his cell. It was only after a further request from Judge Grigoriev for a further medical examination, that on 6 August Osenchugov was transferred to the pre-trial detention centre hospital for treatment. He allegedly told to his defense lawyer that the prison doctors were trying to eliminate all traces of torture. Consequently, when on 9 August 2002 the officers of the detention centre brought Osenchugov to a medical examination, requested by the judge Grigoriev, no evidence of injuries was found. However, the legal representative who visited Osenchugov in the detention centre on 21 August, saw bruises on his arms and face, resulted from whipping with a cable.
In the meantime, on 5 August 2002, the parents of Osenchugov and an aunt of Shishkin filed a complaint to the prosecutor of Sormovski district and to Mr. Topanov, chief officer of the pre-trial detention center, alleging ill-treatment of the two adolescents and calling for an investigation. On 12 August 2002, the families received a letter, signed by Mr Topanov, which informed them that the officers of the pre-trial detention center IZ-52/1 checked the claim and found no reason to initiate an investigation.
According to the information, during the checking of the claim, pre-trial detention center officers interrogated Andrei Osenchugov and recommended him to ask his parents to recall the claim and not to insist on the investigation. Andrei Osenchugov’s defense lawyer also recommended the parents not to insist on an investigation, since pre-trial detention centre officers may punish Andrei.
The International Secretariat of the OMCT is gravely concerned about the attitude of the Russian Prisons Authorities and fears for the physical and psychological integrity of Andrei Victorovitch Osenchugov and Alexei Vladimirovitch Shishkin who are still detained in the pre-trial detention center and still exposed to a high risk of being subject to ill-treatment for retaliation reasons. As a matter of fact, as of today, no disciplinary measures have been taken against the responsible officers and the adult detainees have not been moved out of the cell where minors are being detained.
Furthermore, OMCT would like to recall that Russia is a party to the Convention on the Rights of the Child, which clearly states that: “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” (art. 37 (a)).
Action requested
Please write to the authorities of Russia urging them to:
i. guarantee an immediate investigation into the alleged ill-treatment and torture of Andrei Victorovitch Osenchugov and Alexei Vladimirovitch Shishkin, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
ii. place children in separate cells from adult detainees as a matter of urgency;
iii. guarantee without delay a fair trial by a competent, independent and impartial authority or judicial body according to the law, in the presence of legal or other appropriate assistance;
iv. guarantee that the children in question have the right to maintain contact with their families through correspondence and visits;
v. guarantee adequate reparation to the victims and also physical and psychological recovery;
vi. guarantee all human rights and fundamental freedoms in accordance with international human rights standards, particularly the Convention on the Rights of the Child.
Addresses:
Chaika Y. Y., Minister of Justice of the Russian Federation, General Counsellor of Justice,
fax. No 7-8(095)916-2903
Ustinov Vladimir Vasil'evitch, Prosecutor General of the Russian Federation, Acting State Councellour of Justice, fax No 7-8(095)921-4186
Gryzlov Boris Vyacheslavovitch, Minister of the Interior of the Russian Federation,
fax No 7-8(095)239-5768
Colonel Topanov Sergei Alexandrovitch, Chief officer of the Nizhny Novgorod regional pre-trial detention centre IZ-52/1, fax no 7-8(8312)345469 (the fax is not automatic. It is necessary to call first and ask to start the fax).
Demidov Vladimir Veniaminovitch, Prosecutor of Nizhny Novgorod Region, State Councellour of Justice, Fax no. 7-8(8312)343033
Mrs Gorbacheva Marina Vladimirovna, Chief officer of the Nizhny Novgorod Regional Departnemt of Justice, State Councellour of Justice, Fax no 7-8(8312)339775 (the fax is not automatic. It is necessary to call first and ask to start the fax).
Please also write to the diplomatic representatives of the Russian Federation in your country.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Geneva, 5 September 2002
Case RUS 050902.CC
Cruel, inhuman and degrading treatment and torture
The International Secretariat of 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, that 2 adolescents, Andrei Victorovitch Osenchugov and Alexei Vladimirovitch Shishkin have been subjected to serious ill-treatment while in pre-trial detention at Nizhny Novgorod, the regional pre-trial detention centre and continue to be exposed to a high risk of serious ill-treatment.
According to the information received, the two 17 year-old adolescents, were arrested on 5 March 2002, together with other two minors, on suspicion of robbery and were transferred two days later, on the order of the prosecutor of the Sormovski District of the City of Nizhny Novgorod, to the Nizhny Novgorod regional pre-trial detention center (sledstvennyi izolyator) IZ –52/1, in Novgorod.
In the pre-trial detention center Osenchugov was put in a cell together with other minors and an adult person, Mr. Petrov Michail Germanovitch. On July 27, 2002, after almost four months of pre-trail detention, a prison guard allegedly brought Mr. Petrov out of the cell, who, upon his return, told Osenchugov that he had a conversation with a prison officer (operativnyi sotrudnik), whose name he had not told. Mr. Petrov explained that officer ordered him to force Osenchugov to write a confession about having performed other robberies. When Osenchugov refused to write such a confession, Petrov recommended him to think until the evening. Half an hour after this conversation another adult named Sergei was put in the cell. Sergei and Petrov threatened Osenchugov and told him that he would not sleep at night because they will “work on him”.
That night, after having severely ill-treated another juvenile in the cell, Sergei and Petrov allegedly called Osenchugov, tied his hands behind his back, put him on the floor, covered him with a blanket and a mattress and beat and kicked him during 20 minutes. Then Sergei and Petrov again asked Osenchugov to confess, but Osenchugov again refused. Sergei then reportedly struck Osenchogov’s face, than took a water-boiler cable and whipped Osenchogov. Around 4 a.m., when the prison guard started to distribute bread to the cells, Sergei stopped beating and promised to Osenchugov that the torture would continue next night.
According to the information, the next night, on July 28, Sergei and Petrov again asked Osenchugov whether he would write the confessions. After his negative answer, Sergei and Petrov tied Osenchugov’s hands behind his back, hanged him by his hands from ventilation bars and started to beat him. Writhing with pain, Osenchugov struck the cell door with his leg. The prison guard allegedly went to the door, looked into cell, saw Osenchugov hanged, but did not interfere and went away.
Since Osenchugov continued to refuse to write confession, Sergei and Petrov reportedly tied one of his hands down to the canalization pipe, inserted the water-boiler cable into the outlet and tortured Osenchugov with electricity. Because of the pain Osenchugov fell unconscious and Sergei and Petrov woke him up with cold water. Osenchugov was finally forced to confess his involvement in 5 or 6 cases of robbery, mentioning Shishkin as an accomplice. Petrov and Sergei promised Osenchugov that they were going to “work” on Shishkin on the following day in order to check the truthfulness of Osenchugov’s confessions.
The same source of information reported that on 30 July, Shishkin was moved into the cell where Sergei and Petrov were detained. Sergei and Petrov beat Shishkin in order to force him to confirm Osenchugov statements.
The parents of Osenchugov and relatives of Shishkin have not seen their sons since the moment of their arrest, despite their numerous requests to visit them, which were systematically refused by Investigator Sarkisova.
On 1 August 2002, Shishkin and Osenchugov were allegedly brought to the Sormovski district court for trial. In the courtroom Osenchugov informed the judge Grigoriev that he was ill-treated in the cell and need medical aid. The judge called the emergency doctor Kislitsina who examined Osenchugov in the presence of judge Grigoriev, Osenchugov’s and Shishkin’s defense lawyers and a security guard. Doctor Kislitsina found haematomas on Osenchugov’s back, a number of traces of pricking on the belly, and a number of round burns on his arms and legs. The doctor assumed that one rib was broken and proposed hospitalization. The judge did not allow to hospitalize Osenchugov, he however postponed the trial and ordered to transfer Osenchugov to the hospital of the pre-trial detention centre. The doctor also examined Shishkin and found bruises on his chest.
On 2 August 2002 Osenchugov’s parents reportedly went to the office of chief officer of the pre-trial detention center, Mr Topanov, in order to enquire whether any medical aid had been provided to their son. Nevertheless, the deputy of Mr. Topanov informed them that their son was still in his cell. It was only after a further request from Judge Grigoriev for a further medical examination, that on 6 August Osenchugov was transferred to the pre-trial detention centre hospital for treatment. He allegedly told to his defense lawyer that the prison doctors were trying to eliminate all traces of torture. Consequently, when on 9 August 2002 the officers of the detention centre brought Osenchugov to a medical examination, requested by the judge Grigoriev, no evidence of injuries was found. However, the legal representative who visited Osenchugov in the detention centre on 21 August, saw bruises on his arms and face, resulted from whipping with a cable.
In the meantime, on 5 August 2002, the parents of Osenchugov and an aunt of Shishkin filed a complaint to the prosecutor of Sormovski district and to Mr. Topanov, chief officer of the pre-trial detention center, alleging ill-treatment of the two adolescents and calling for an investigation. On 12 August 2002, the families received a letter, signed by Mr Topanov, which informed them that the officers of the pre-trial detention center IZ-52/1 checked the claim and found no reason to initiate an investigation.
According to the information, during the checking of the claim, pre-trial detention center officers interrogated Andrei Osenchugov and recommended him to ask his parents to recall the claim and not to insist on the investigation. Andrei Osenchugov’s defense lawyer also recommended the parents not to insist on an investigation, since pre-trial detention centre officers may punish Andrei.
The International Secretariat of the OMCT is gravely concerned about the attitude of the Russian Prisons Authorities and fears for the physical and psychological integrity of Andrei Victorovitch Osenchugov and Alexei Vladimirovitch Shishkin who are still detained in the pre-trial detention center and still exposed to a high risk of being subject to ill-treatment for retaliation reasons. As a matter of fact, as of today, no disciplinary measures have been taken against the responsible officers and the adult detainees have not been moved out of the cell where minors are being detained.
Furthermore, OMCT would like to recall that Russia is a party to the Convention on the Rights of the Child, which clearly states that: “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” (art. 37 (a)).
Action requested
Please write to the authorities of Russia urging them to:
i. guarantee an immediate investigation into the alleged ill-treatment and torture of Andrei Victorovitch Osenchugov and Alexei Vladimirovitch Shishkin, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
ii. place children in separate cells from adult detainees as a matter of urgency;
iii. guarantee without delay a fair trial by a competent, independent and impartial authority or judicial body according to the law, in the presence of legal or other appropriate assistance;
iv. guarantee that the children in question have the right to maintain contact with their families through correspondence and visits;
v. guarantee adequate reparation to the victims and also physical and psychological recovery;
vi. guarantee all human rights and fundamental freedoms in accordance with international human rights standards, particularly the Convention on the Rights of the Child.
Addresses:
Chaika Y. Y., Minister of Justice of the Russian Federation, General Counsellor of Justice,
fax. No 7-8(095)916-2903
Ustinov Vladimir Vasil'evitch, Prosecutor General of the Russian Federation, Acting State Councellour of Justice, fax No 7-8(095)921-4186
Gryzlov Boris Vyacheslavovitch, Minister of the Interior of the Russian Federation,
fax No 7-8(095)239-5768
Colonel Topanov Sergei Alexandrovitch, Chief officer of the Nizhny Novgorod regional pre-trial detention centre IZ-52/1, fax no 7-8(8312)345469 (the fax is not automatic. It is necessary to call first and ask to start the fax).
Demidov Vladimir Veniaminovitch, Prosecutor of Nizhny Novgorod Region, State Councellour of Justice, Fax no. 7-8(8312)343033
Mrs Gorbacheva Marina Vladimirovna, Chief officer of the Nizhny Novgorod Regional Departnemt of Justice, State Councellour of Justice, Fax no 7-8(8312)339775 (the fax is not automatic. It is necessary to call first and ask to start the fax).
Please also write to the diplomatic representatives of the Russian Federation in your country.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Geneva, 5 September 2002