Document - Russian Federation: Appeal for action (1st Update) : Rasul Kudaev must receive a full and independent medical assessment
Index: EUR 46/009/2011 Russia (Update) Date: 11 March 2011
To: Health professionals
From: Amnesty international
APPEAL FOR ACTION
1st Update: RASUL KUDAEV must RECEIVE A full and independent medical assessment
Rasul Kudaev, who is being held in FBU IZ-7/1, a remand centre in Kabardino-Balkaria Republic, Russia, is reportedly being denied adequate medical care by remand centre authorities and has not yet received an independent medical examination, despite his repeated requests.
In March 2011, Amnesty International received information indicating that Rasul Kudaev’s health has further worsened with the development of a high fever, cough and breathing difficulties. At the end of February, a medical worker from the remand centre reportedly suggested an X-ray examination, as part of a complete assessment, but to date there has been no reaction from the remand centre officials. In addition, Rasul Kudaev’s repeated requests for a full medical examination from an independent doctor have not been granted. Another potential problem is that local medical officers who have been asked are reportedly unwilling to provide an independent assessment. (A doctor who provided treatment to Rasul Kudaev's lawyer was apparently subjected to several hours of questioning recently and this presumably has increased local doctors' reluctance to become involved in the case.) Rasul Kudaev appears therefore to be caught between the refusal of the authorities to allow an independent examination and the reluctance of local doctors to provide one.
Amnesty International calls on the authorities at FBU IZ-7/1 to respect the UN Body of Principles for the Protection of All Persons under Any Form of Imprisonment or Detention and in particular to grant Rasul Kudaev’s request for an independent medical assessment, and to implement the recommendations arising from such a report.
Amnesty International urges the authorities to immediately arrange an X-ray examination and other diagnostic measures for Rasul Kudaev.
PLEASE WRITE IMMEDIATELY in Russian or your own language:
Explaining that you are a health professional concerned about human rights;
Expressing concern at reports that Rasul Kudaev continues to be denied access to adequate medical care;
Urging the authorities to ensure that arrangements are immediately made for Rasul Kudaev to receive any investigations necessary for the provision of appropriate medical treatment, including basic methods such as X-ray, in accordance with provisions set out in the United Nations Standard Minimum Rules for the Treatment of Prisoners;
Urging the authorities to respond to Rasul Kudaev’s requests for an independent medical examination, in accordance with the UN Body of Principles for the Protection of All Persons under Any Form of Imprisonment or Detention.
PLEASE SEND APPEALS BEFORE 6 MAY 2011 TO:
Director of the Federal Service for Execution of Punishments
Aleksandr Aleksandrovich Reimer
ul. Zhitnaya 14, GSP-1
Fax: +7 495 955 59 12 or
+7 495 982 19 50
Salutation: Dear Director
Minister of Justice
Aleksandr Vladimirovich Konovalov
Ministry of Justice of the Russian Federation
ul. Zhitnaya, 14, GSP-1
Fax: +7 495 955 57 79
Salutation: Dear Minister
Head of FBU IZ-7/1
Vladimir Anatolievich Popov
Republic of Kabardino-Balkaria
Fax: +7 8662 40 65 93
Salutation: Dear Sir
Ombudsman of the Russian Federation
Vladimir Petrovich Lukin
Ombudsman of the Russian Federation Ul.Miasnitskaia, 47
Fax: +7 495 607 74 70;
+7 495 607 39 77
Salutation: Dear Ombudsman
Also send copies to diplomatic representatives of the Russian Federation accredited to your country. Please check with your section office if sending appeals after the above date.
If you receive no reply within six weeks of sending your letter, please send a follow-up letter seeking a response. Please send copies of any letters you receive to the International Secretariat, attention of THE Health Team, 1 Easton Street, London WC1X 0DW or e-mail: firstname.lastname@example.org
Former Guantánamo Bay detainee Rasul Kudaev was arrested in October 2005 on suspicion of participating in a terrorist attack on governmental installations in the city of Nalchik, Kabardino-Balkaria, Russia. Since then, he has been held in a remand centre (FBU IZ-7/1) in Nalchik, where it is reported that he has been subjected to torture and ill-treatment. His health deteriorated throughout 2008 and 2009 as a result of inadequate medical attention to his existing conditions coupled with problems he developed following the alleged torture and ill treatment.
In December 2009, Rasul Kudaev was diagnosed with an acute gastric ulcer and gastric haemorrhage but the remand centre staff refused to hospitalise him. He was subsequently given some treatment, which was paid for by his family. According to reports he has also suffered from chronic hepatitis, severe back pain and, most recently, difficulty breathing due to respiratory complications.
Amnesty International regularly receives reports of torture or other ill-treatment in places of detention across the Russian Federation, and of the frequent failure of the authorities to investigate such allegations and to bring those found responsible to justice. In February 2007, the UN Committee against Torture expressed its concern regarding the inadequate health care provided to people in pre-trial detention centres. Amnesty International believes that denial of necessary health care can amount to cruel, inhuman or degrading treatment.
Note: The UN Body of Principles provides that "medical care and treatment shall be provided [to the detainee] whenever necessary" (Principle 24) and that, subject to legitimate security considerations, a detainee or his counsel "have to right to request or petition a judicial or other authority for a second medical examination or opinion" (Principle 25).