Неудовлетворительное состояние здоровья политзаключенной Таисии Осиповой, супруги члена "Другой россии" Сергея Фомченкова содержащейся в СИЗО г. Смоленска, повлекло за собой обращение к Президенту России Д. Медведеву Всемирной организации по борьбе с пытками (World Organisation Against Torture, Женева). В документе организация требует немедленного вмешательства в ситуацию, то есть медицинского освидетельствования и освобождения из СИЗО политзаключенной.
Неудовлетворительное состояние здоровья политзаключенной Таисии Осиповой, супруги члена "Другой россии" Сергея Фомченкова содержащейся в СИЗО г. Смоленска, повлекло за собой обращение к Президенту России Д. Медведеву Всемирной организации по борьбе с пытками (World Organisation Against Torture, Женева). В документе организация требует немедленного вмешательства в ситуацию, то есть медицинского освидетельствования и освобождения из СИЗО политзаключенной.
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Denial of medical care/ Ill-treatment/ Due process violations/ Lack of an effective investigation/ Fear for the 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 the Russian-Chechen Friendship Society (RCFS), a member organisation of OMCT SOS-Torture Network, about the denial of adequate medical examination and treatment to Ms. Taisia Osipova, a 26-year-old resident of Smolensk, province of Smolensk, since her arrest, on 23 November 2010, although she is suffering from multiple chronic diseases. She is currently detained in poor conditions at the pre-trial detention centre (SIZO) 1, in Smolensk.
According to the information received, Ms. Taisia Osipova was arrested at home, in Smolensk, by around 20 policemen and officers from the Department to Combat Extremism of the Russian Federation, on 23 November 2010. The officers reportedly violently entered Ms. Taisia Osipova’s house and went from one room to another turning everything upside down while forcing Ms. Taisia Osipova to stay with her 6-year-old daughter in one of the rooms. Ms. Taisia Osipova was brought to the pre-trial detention centre (SIZO) 1, in Smolensk, after the officers allegedly found five packs of greyish substance among her daughter’s clothes and a marked 500-ruble note. During the arrest, Ms. Taisia Osipova sustained injuries on her arms. The policemen also allegedly severely beat and used electroshocks on the family’s dog in front of Ms. Tiasia Osipova’s daughter, who then remained locked alone two hours in the bathroom. She was later taken to her aunt by the police.
According to the same information received, Ms. Taisia Osipova was later charged with “illegal distribution of drugs” by the Zadneprovskyi district court, in Smolensk, and she was remanded in custody pending investigation. Since her arrest, Ms. Taisia Osipova has reportedly suffered pressure by officers of the Department to Combat Extremism in order to obtain a confession to the alleged aforementioned crime and information about her husband, who is a senior member of the political opposition party, Drugaya Russia[1].The pressure has reportedly included threats to remove her parental right over her daughter if she refuses to collaborate, poor conditions of detention and denial of adequate medical examination and treatment, although she has been suffering from sugar diabetes, pancreatitis, chronic pyelonephritis and chronic toxic-allergic hepatitis[2].
Since January 2011, Ms. Taisia Osipova’s lawyers had also presented several requests for a complete medical check-up of Ms. Taisia Osipova on the basis of Article 110, paragraph 1.1 of the Code of Criminal Procedures of the Russian Federation, which allows for the provisional release from pre-trial detention of individuals with serious health conditions (including diabetes type 1), but to no avail. Ms. Taisia Osipova’s lawyer subsequently filed a civil lawsuit before the Leninskiy district court of Smolensk. On 16 June 2011, the court reportedly ordered the prison administration to ensure a medical examination of Ms. Taisia Osipova.
On 6 July 2011, Ms. Taisia Osipova was reportedly transferred to the regional hospital of Smolensk but without any prior announcement to her family and lawyer, or any explanation about this transfer. She was kept two days alone in a hospital room guarded by two security officers and handcuffed to her bed, including during the night (she was also handcuffed when she went to the toilets). She was denied some personal belongings too. On 7 July 2011, Ms. Taisia Osipova was reportedly examined at the endocrinology department of the hospital. The medical conclusions, which were subsequently presented to the court, reportedly only listed the results of the ultrasound, urine and blood tests that were carried out. No diagnosis was allegedly established by the doctors. It is feared that the examination was not thoroughly conducted and no diagnosis established to minimize her medical condition.
According to the same information received, while she was at the hospital, Ms. Taisia Osipova’s family and lawyers were not allowed to visit her, although these latter needed to consult her in order to prepare a court session that had been fixed for 8 July 2011. Her lawyers reportedly requested a postponement of the court hearing which was granted, however only for a few hours. The court hearing before the Smolensk Zadneprovskiy district court eventually took place on 8 July 2011 at 2.p.m, during which the aforementioned medical conclusions were presented. Her lawyers asked anew for an independent medical examination, including a drug-addiction test after the prosecutor reportedly accused Ms. Taisia Osipova to be a drug addict. However, this request was denied. Ms. Taisia Ospivoa’s detention was extended until 11 October 2011, decision that was upheld by the regional court on 21 July 2011. A new court hearing was set for 11 and 12 August 2011 by the Zadneprovskiy district court.
OMCT has also been informed that, since 15 July 2011, peaceful demonstrations have been held in Moscow to protest against Ms. Taisia Osipova’s unlawful detention and conditions of detention. More than hundred individuals have been reportedly arrested since the beginning of the demonstrations, among them several were injured during the arrest. They have been charged under article 19, part 3 (“offering resistance to the police”) and article 20, part. 2 (“participating in an unauthorized rally”) of the Russian Administration Code.
The International Secretariat of OMCT is concerned about the physical and psychological integrity of Ms. Taisia Osipova. OMCT fears that adequate medical examination and treatment are being denied to Ms. Taisia Osipova to keep pressure on her. OMCT is also concerned about her conditions of detention and the circumstances of her arrest.
OMCT recalls that the Russian Federation is legally bound 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 recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights and the UN Standard Minimum Rules for the Treatment of Prisoners.
Actions requested
Please write to the authorities of the Russian Federation urging them to:
i.____Guarantee, in all circumstances, the physical and psychological integrity of Ms. Taisia Osipova and of her family;
ii.____Grant Ms. Taisia Osipova full access to her lawyers and her family;
iii.____Guarantee that she is promptly examined by independent doctors and receives adequate and free medical care, in accordance with, inter alia, the UN Standard Minimum Rules for the Treatment of Prisoners;
iv.____Order her immediate release in the absence of valid legal charges and judicial process consistent with international legal standards, or if such charges exist, bring her before an impartial and competent tribunal and guarantee her procedural rights at all times;
v.____Carry out a prompt, effective, thorough, independent and impartial investigation into these events, in particular into the circumstance of her arrest, the alleged pressure by officers of the Department to Combat Extremism in order to obtain a confession, including the conditions of detention and the denial to grant her adequate medical examination and treatment, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
vi.____Ensure that adequate, effective and prompt reparation, including adequate compensation and rehabilitation, is granted to the victim concerned;
vii.____Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
ØPresident of the Russian Federation, Dmitry Anatolyevich Medvedev, Kremlin, Moscow, Russia, Fax:+ 7 495 206 5173 / 230 2408, Email: [email protected];
ØProsecutor General of the Russian Federation, Yuri Chayka, 125993, Moskva K-31, Ul. B. Dimitrovka, d 15a, Russian Federation, Fax: + 7 (495)692-17-25;
ØChairwoman 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: +7 495 20 64 855;
ØRussian Federal Ombudsman for Human Rights, Vladimir Lukin, Fax: +7 495 207-74-70;
ØMinister of Internal Affairs, Rashid Nurgaliev, ul. Zhitnaya, 16, 117049 Moscow, Russian Federation, Telegram: Rossiia, 117049, Moskva, Fax: + 7 495 237 49 25;
ØPermanent Mission of the Russian Federation to the United Nations in Geneva Av. de la Paix 15, CH-1211, Geneva 20, Switzerland, E-mail : [email protected], fax: +41 22 734 40 44;
Please also write to the embassies of the Russian Federation in your respective country.
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Geneva, 25 July 2011
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
[1] Drugaya Russia is a non-registered party that was created on the basis of the coalition under the same name after it fell apart. The coalition was the moving force of Dissenters’ Marches held in the period of 2006 to 2008.[2] See OMCT Open letter to the President of the Russian Federation sent on 21 June 2011.