Russia
25.10.02
Urgent Interventions
Russia: two adolescents sentenced to eight years of prison on confession obtained under torture
CHILD CONCERN
Case RUS 050902.2 CC
Follow up to cases RUS 050902.1 CC and RUS 050902.CC
Arbitrary detention
Torture and other forms of ill-treatment
Geneva, 25 October 2002
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 Andrei Victorovitch Osenchugov and Alexei Vladimirovitch Shishkin, two 17 years-old adolescents detained in Nizhny Novgorod regional pre-trial detention center since March 2002, and their two fellows were found guilty of robbery and sentenced to 8 years of imprisonment by the judge of the Sormovski district court of Nizhny Novgorod, Mr. Grigoriev, on 21 October 2002.
According to the information received, Mr. Shalunov, defense lawyer of Osenchugov, denounced breeches of procedural law during the trial. In particular, the protocol of the trial did not reflect the statements of the defence witnesses resulting in the fact that the judge did not take these statements into consideration when deciding on the issue of the trial. Osenchugov, Shishkin and their representatives will appeal against this decision on procedural grounds.
Concerning the official investigation launched in relation to the serious ill treatment of Osenchugov and Shishkin while detained in Nizhny Novgorod regional pre-trial detention center, no information could be obtained given that procedural law requires that victims of crime as well as their representatives have no access to case files until the investigation is over. The two adolescents are still detained in the above-mentioned detention center.
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 detained in Nizhny Novgorod regional pre-trial detention center.
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.
The International Secretariat of OMCT had then later been informed that a criminal procedure had been opened by the Prosecutor’s office regarding the serious ill treatment of Osenchugov and Shishkin and an official investigation had been launched.
Actions requested
The International Secretariat of OMCT expresses its grave concern about this situation, and particularly over the condemnation to 8 years in prison for charges of robbery as well as the non respect of procedural law. There is no doubt that any person convicted of a crime should receive the appropriate sentence and sanction. Nevertheless, OMCT strongly supports the principles enshrined in the Convention on the Rights of the Child, to which the Russian Federation is a State party, and in particular article 37 (b) which states that “… detention or imprisonment of a child shall be used only as a measure of last resort and for the shortest appropriate period of time”; and article 40 recognising “the right of every child (…) recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, (…) which takes into account the child’s age and desirability of promoting the child’s reintegration (…)”. OMCT would like to finally recall article 40(b) underlining the guarantee for the child “… to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality”.
Please write to the authorities of Russia urging them to:
i. ensure Osenchugov and Shishkin’s immediate right to appeal the court’s decision and guarantee that a new fair and impartial trial by a higher competent, independent and impartial authority or judicial body according to the law be opened whereby all their procedural rights be guaranteed;
ii. place children in separate cells from adult detainees as a matter of urgency;
iii. guarantee that the children in question have the right to maintain contact with their families through correspondence and visits;
iv. 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, 25 October 2002
Kindly inform us of any action taken regarding the present case, citing the case number of this appeal in your response.
Case RUS 050902.2 CC
Follow up to cases RUS 050902.1 CC and RUS 050902.CC
Arbitrary detention
Torture and other forms of ill-treatment
Geneva, 25 October 2002
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 Andrei Victorovitch Osenchugov and Alexei Vladimirovitch Shishkin, two 17 years-old adolescents detained in Nizhny Novgorod regional pre-trial detention center since March 2002, and their two fellows were found guilty of robbery and sentenced to 8 years of imprisonment by the judge of the Sormovski district court of Nizhny Novgorod, Mr. Grigoriev, on 21 October 2002.
According to the information received, Mr. Shalunov, defense lawyer of Osenchugov, denounced breeches of procedural law during the trial. In particular, the protocol of the trial did not reflect the statements of the defence witnesses resulting in the fact that the judge did not take these statements into consideration when deciding on the issue of the trial. Osenchugov, Shishkin and their representatives will appeal against this decision on procedural grounds.
Concerning the official investigation launched in relation to the serious ill treatment of Osenchugov and Shishkin while detained in Nizhny Novgorod regional pre-trial detention center, no information could be obtained given that procedural law requires that victims of crime as well as their representatives have no access to case files until the investigation is over. The two adolescents are still detained in the above-mentioned detention center.
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 detained in Nizhny Novgorod regional pre-trial detention center.
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.
The International Secretariat of OMCT had then later been informed that a criminal procedure had been opened by the Prosecutor’s office regarding the serious ill treatment of Osenchugov and Shishkin and an official investigation had been launched.
Actions requested
The International Secretariat of OMCT expresses its grave concern about this situation, and particularly over the condemnation to 8 years in prison for charges of robbery as well as the non respect of procedural law. There is no doubt that any person convicted of a crime should receive the appropriate sentence and sanction. Nevertheless, OMCT strongly supports the principles enshrined in the Convention on the Rights of the Child, to which the Russian Federation is a State party, and in particular article 37 (b) which states that “… detention or imprisonment of a child shall be used only as a measure of last resort and for the shortest appropriate period of time”; and article 40 recognising “the right of every child (…) recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, (…) which takes into account the child’s age and desirability of promoting the child’s reintegration (…)”. OMCT would like to finally recall article 40(b) underlining the guarantee for the child “… to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality”.
Please write to the authorities of Russia urging them to:
i. ensure Osenchugov and Shishkin’s immediate right to appeal the court’s decision and guarantee that a new fair and impartial trial by a higher competent, independent and impartial authority or judicial body according to the law be opened whereby all their procedural rights be guaranteed;
ii. place children in separate cells from adult detainees as a matter of urgency;
iii. guarantee that the children in question have the right to maintain contact with their families through correspondence and visits;
iv. 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, 25 October 2002
Kindly inform us of any action taken regarding the present case, citing the case number of this appeal in your response.