Documento - Further information on UA 215/07 Medical concern/unfair trial, Rasul Kudaev (m)

PUBLIC AI Index: EUR 46/006/2008

16 January 2008

Further Information on UA 215/07 (EUR 46/035/2007, 21 August 2007)Medical concern

new concern: Unfair trial

RUSSIAN FEDERATION Rasul Kudaev (m) aged 29 (to be 30 on 23 January 2008)

In December 2007, Rasul Kudaev’s family reported that he is now receiving limited medical treatment. After months of refusing to do so, prison authorities are now reportedly passing on to him the medication that his mother has brought to the pre-trial detention centre (SIZO) where he is being held in the city of Nalchik in the Russian Republic of Kabardino-Balkaria. Rasul Kudaev and his family believe that he has a liver condition though this has not been confirmed by the authorities.

Amnesty International has been campaigning since 2005 on behalf of Rasul Kudaev, who was allegedly tortured following his arrest in 23 October 2005, on suspicion of involvement in an armed attack on Nalchik. on 13 October 2005. The organization has seen photographs of him, reportedly taken in detention shortly after the alleged torture, spoken to eyewitnesses and reviewed medical records that appear to support the allegations of torture. Since October 2005, Rasul Kudaev’s lawyers have repeatedly tried, without success, to get the local prosecutor’s office to open an investigation into these allegations of torture. A number of the other 59 defendants, charged with involvement in the attack, allege they were also tortured and ill-treated in order to extract their “confessions”. (See UA 280/05, EUR 46/041/2005, 27 October 2005 and follow-up).

On 11 October 2007 the preliminary hearings into the case against 59 defendants, including Rasul Kudaev, began. Several preliminary hearings have been held so far, where the court has been considering, among other things, petitions from the defence lawyers to rule evidence, in particular “confessions” by the defendants, inadmissible. Under Russian law evidence is not admissible if it was obtained through torture or other cruel or degrading treatment.

At the latest hearing, on 11 January 2008, the court agreed to grant the petition of the defence, and ordered the Prosecutor’s office of the Republic of Kabardino-Balkaria to conduct a further review into the admissibility of the evidence due to come before the court. The inquiries will be conducted by the Investigation Department of the Investigation Committee at the Prosecutor’s office. Amnesty International is concerned that the checks may not be thoroughly, independently and impartially carried out. The next hearing is reportedly scheduled for 5 February.

BACKGROUND INFORMATION

Russian law prohibits the use of torture. Article 9(2) of the Criminal Procedure Code of the Russian Federation states that “None of the participants in criminal proceedings shall be subjected to violence, torture, or other cruel treatment or treatment degrading to human dignity.” Article 75 of the Code states that “evidence, obtained in violation of the requirements of this Code, is inadmissible.”

Moreover, international standards prohibit the use of torture and require the Russian authorities to investigate allegations of torture. For example, under Articles 3 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), and Articles 2 and 7 of the International Covenant of Civil and Political Rights (ICCPR), the Russian authorities have a duty to investigate all allegations of torture or other ill-treatment promptly, independently, impartially and effectively, and prosecute individuals against whom there is reasonable suspicion of involvement in such torture or ill-treatment. The UN Human Rights Committee has stated that the use or admissibility in judicial proceedings of statements or confessions obtained through torture or “other prohibited treatment” should be prohibited by law (General Comment 20, para. 12.).

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in Russian, English or your own language:

- welcoming the reports that Rasul Kudaev is now able to receive limited medication in detention, but urging the authorities to ensure that he receives adequate medical diagnosis and treatment;

- urging the authorities to immediately, thoroughly, independently and impartially investigate allegations of torture and other ill-treatment of Rasul Kudaev and other defendants in this case;

- urging the authorities to ensure that steps are taken to ensure no statements obtained under or as a result of torture or other ill-treatment are invoked or relied on as evidence at the trial against Rasul Kudaev and the other defendants;

- recognizing it is the duty of the Russian authorities to bring those responsible for the armed attack on Nalchik to justice, but stating that the achievement of true justice for the victims of the attack on Nalchik and their surviving families, as well as respect for the rule of law, requires that international standards be assiduously respected in the course of the proceedings.

APPEALS TO:

Head of the Investigation Committee of the Office of the Prosecutor of the Russian Federation

Deputy Prosecutor General

Aleksandr Bastyrkin

Ul. B. Dimitrovka, d.15a

125993 g. Moscow GSP- 3

Russian Federation

Salutation: Dear Deputy Prosecutor General

Head of the Investigation Committee of the Republic of Kabardino-Balkaria

Office of the Prosecutor of the Republic of Kabardino-Balkaria

Prospekt Kulieva, 16

360000 Nalchik

Republic of Kabardino-Balkaria

Russian Federation

Fax: +7 8662 477 442 (if someone answeres say "fax please")

Salutation: Dear Head of the Investigation Committee

COPIES TO:

Oleg ZHARIKOV
Prosecutor of Kabardino-Balkaria
Prospekt Kulieva 16
360000 Nalchik

Republic of Kabardino-Balkaria

Russian Federation
Fax: +7 8662 477 442 (if someone answers say "fax please")

Yuri CHAIKA
Prosecutor General of the Russian Federation
Ul. B. Dimitrovka 15a
125993 Moscow, Russian Federation

and to diplomatic representatives of the Russian Federation accredited to your country.

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 27 February 2008.