"Institutionalized lawlessness" – 2

OMCT (Organisation mondiale contre la torture) has released a follow-up appeal on the case of the torture and harassment in a Russian prison of the Chechen national Zubayr Zubayrayev, which has attracted attention worldwide. See also this post.

The International Secretariat of the World Organisation Against Torture (OMCT)

Russian Federation: Follow-up of case RUS 190209_Mr. Zubajr Isaevich Zubajraev to be transferred to a high security prison_Fear for safety

Case RUS 190209.3
Follow-up to cases RUS 190209, RUS 190209.1 and RUS 190209.2

Transfer to a high security prison/ Lack of adequate medical care/ Fear for safety
20 May 2009

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information and requests your URGENT intervention in the following situation in the Russian Federation.

New information

The International Secretariat of OMCT has been informed by the Russian-Chechen Friendship Society (RCFS), a member of OMCT SOS-Torture Network, that on 17 May 2009, Mr. Zubajr Isaevich Zubajraev, a 30-year-old man from Chechnya, was taken from penitentiary colony ßÐ-154/15 (also known as LIU-125 prison hospital) in Volgograd, Southern Russia, to be transferred to a high security prison following a court ruling on 12 May 2009. However, his current whereabouts remain unclear. His lawyer believes that he is being moved to Krasnojarsk (about 4000km from Volgograd) but he has been provided with no precise information on Mr. Zubajraev’s new place of detention.

According to the same information, Mr. Zubajraev’s lawyer unsuccessfully brought an appeal to the Regional Court against the ruling of the lower Court. Mr. Zubajraev is reportedly due to serve his three years remaining prison term in a high security prison. OMCT recalls that the prison administration had justified the request of transfer on the basis of two claims: firstly, Mr. Zubajraev was accused of having kept “banned” pain-killers, which is contested by Mr. Zubajraev’s lawyer, and secondly, he would have quarrelled with another inmate, although the latter did not file any report or complaint about the alleged quarrel.

The OMCT International Secretariat is seriously concerned about the physical and psychological integrity of Mr. Zubajr Isaevich Zubajraev. OMCT condemns his transfer to a high security prison as it seems exclusively motivated by a wish to punish him following the allegations of torture and other forms of ill-treatment (see background information)[1]. OMCT fears that Mr. Zubajraev will be further isolated as it will be become very difficult for his family and lawyer to visit him. Furthermore, OMCT has received information that his health condition is very poor, requiring immediate appropriate medical care.

OMCT therefore repeats its calls on the competent Russian authorities to guarantee his safety at all times, to refrain from transferring him to a high security prison, and to carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture and other forms of ill-treatment, 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. OMCT recalls the absolute prohibition of torture and other forms of ill-treatment and recalls article 11 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment stipulating that, “Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture”.

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