Russia
11.10.02
Urgent Interventions

Russia: Investigation launched regarding ill treatment and torture of two adolescents

CHILD CONCERN
Case RUS 050902.1 CC
Follow up to case RUS 050902.CC
Arbitrary detention
Torture and other forms of ill-treatment

The International Secretariat of OMCT has received new information regarding the following situation in the Russian Federation.

New information

The International Secretariat of OMCT has been informed by a reliable source that a criminal procedure has been opened by the Prosecutor’s office regarding the cases of serious ill treatment of two 17 years-old adolescents, Andrei Victorovitch Osenchugov et Alexei Vladimirovitch Shishkin detained in Nizhny Novgorod regional pre-trial detention center, and an official investigation was launched.

Brief reminder of the situation

The International Secretariat of OMCT had been informed by a reliable source that Andrei Victorovitch Osenchugov and Alexei Vladimirovitch Shishkin had been subjected to serious ill-treatment while in pre-trial detention at Nizhny Novgorod, the regional pre-trial detention centre and continued to be exposed to a high risk of serious ill-treatment.

According to the information received at that time, the 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, allegedly following an order given by a prison guard, Petrov, joined by another adult named Sergei, threatened Osenchugov if he refused to write a confession about having performed other robberies. Following Osenchugov’s refusal to confess, Sergei and Petrov severely ill-treated and tortured the adolescent during two nights, without any interference by the prison guard, until he was finally forced to confess under the pain on July 28 his involvement in 5 or 6 cases of robbery, mentioning Shishkin as an accomplice. 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.

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. During the checking of the claim, pre-trial detention center officers recommended Andrei Osenchugov 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.

Actions requested

While welcoming the opening of a criminal investigation into the alleged ill treatment and torture of Andrei Victorovitch Osenchugov and Alexei Vladimirovitch Shishkin, OMCT remains deeply concerned for the physical and psychological integrity of the two adolescents who are still detained with adults in the pre-trial detention centre and still exposed to a high risk of being subject to ill treatment for retaliation reasons.

Please write to the authorities of Russia urging them to:
i. place children in separate cells from adult detainees as a matter of urgency;
ii. guarantee an immediate and fair investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iii. guarantee that the children in question have the right to maintain contact with their families through correspondence and visits;
iv. guarantee adequate reparation to the victims and also physical and psychological recovery;
v. 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.

Geneva, 8 October 2002

Kindly inform us of any action taken regarding the present case, citing the case number of this appeal in your response.