20.04.2005 - Source: Council of Europe - Commissioner for Human Rights

Material conditions in short-term detention centres ‚fairly poor’; no bedding or mattresses in many facilities ("Report by Mr. Alvaro Gil-Robles, Commissioner for Human Rights, on his visit to the Russian Federation, 15-30 July 2004 and 19-20 September 2004 [CommDH(2005) 2]") [#32581],  [ID 11266]

"117. Under current legislation and regulations, persons in police custody must be held in an appropriate location. Many police stations are unsuitable for custody, so central shortterm detention centres (IVSs) have been established for this purpose. As noted, police custody generally does not last more than 48 hours, though it can be extended to 72 hours or even up to ten days. In other words, persons are not detained in such centres for very long, but this does not mean that their material conditions can be ignored.

118. During the visit, I visited two police stations, Krasnoflotsky in Khabarovsk and Leninsky in Nijny Tagil, and five IVSs: the central IVS in Irkustk, a further one for minors in the same town, and two more in Kazan and Gelendzhik. Finally, I also visited ORB-2 in Grozny. I was a result able to obtain at least a general overview of the situation in such establishments, and would like to make a number of comments.

119. Firstly, the material conditions in the IVSs I visited were fairly poor, even though they varied from region to region. The buildings were often old, dating back to the Soviet period, and lacking adequate funding. The cells were normally fairly spacious and did not suffer from overcrowding as the average length of stay was very short. However, there were a number of very alarming features.

120. Firstly, in the majority of IVSs visited - with Gelendzhik the notable exception — persons in custody were not supplied with mattresses or blankets. 1 was shocked to discover that the large cells were fitted with a large raised platform the length of the wall opposite the door that served as bed, table and chair. No other facilities were supplied. Prisoners were given blankets in one IVS visited, but not in the others.

121. The absence of basic necessities is regrettable and unacceptable. The IVS managers 1 spoke to about the absence of mattresses and bedding often replied that there was no provision for them in the regulations. This is very surprising since Article 3.1 of Interior Ministry Decree No. 41 of 26 January 1996 on IVS rules of procedure states that all prisoners must be given the necessary bedding. Even if the decree has since been modified, this is unlikely to have been in such a way as to reduce prisoners‘ rights. At all events, in Gelendzhik, they were indeed supplied with all the necessary items for sleeping, including mattresses. I call on the competent authorities to do everything in their power to improve the situation in IVSs to offer prisoners decent conditions and the respect owed by the State."

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20.04.2005 - Source: Council of Europe - Commissioner for Human Rights

Allegations of ill-treatment and lack of medical checks in the police custody ("Report by Mr. Alvaro Gil-Robles, Commissioner for Human Rights, on his visit to the Russian Federation, 15-30 July 2004 and 19-20 September 2004 [CommDH(2005) 2]") [#32581],  [ID 11267]

"122. During my time in Russia, I visited a significant number of Interior Ministry establishments, including police stations, IVSs and remand centres for young persons. On each occasion I visited the ordinary and disciplinary cells, rooms used for questioning and the sanitary facilities. Material conditions varied between establishments but in general they were very poor, and in themselves constituted fertile ground for human rights violations. I am also convinced that they affect not only the prisoners but also the staff, who also suffer from the difficult conditions in which they have to carry out their jobs. Unfortunately, these factors are all linked.

123. Law enforcement officers‘ working conditions will be considered below but it needs to be said at once that senior figures, and in particular the Minister of the Interior, Mr Rashid Nurgaliyev, have assured me that major efforts are now under way to improve the material situation of law enforcement agencies.

124. Most of the complaints I received concerned clearly defined issues. I therefore wish to focus on certain precise points.

125. One that recurred frequently in various places concerned the ill-treatment of prisoners by staff. In the vast majority of cases, these allegations were made against the police. Such assaults reportedly took place during police custody or questioning. I was careful to question each individual encountered in the SIZOs about ill-treatment and must acknowledge that there were no complaints of incidents in these establishments. According to those I spoke with, the majority of staff in remand establishments abided by the rules of conduct laid down in the relevant legislation.

126. On the other hand, I received many complaints of police assaults on persons in IVSs or police stations. lt is difficult to disentangle the truth in such cases when surrounded by accusations on the one hand and denials on the other. However, on the basis of my personal experience, I believe that the police must anticipate such situations and introduce mechanisms to reduce as far as possible unfounded complaints, if that is what they are. Besides, in discussions with the Interior Minister of the Republic of Tatarstan, I was told that in the previous year, his department had received 141 complaints of police ill-treatment, but at the same time the police supervisory department had launched 134 investigations on its own initiative, which suggests that many citizens are reluctant to accuse the police of brutality. This may be attributable to fear of reprisals. On the other hand, certain citizens think that such behaviour is quite normal, which is inadmissible.

127. I was also very surprised to discover that the administrative detention procedure made no provision for medical checks on entering or leaving the establishment, as is typically the case in many European countries. Moreover, very few IVSs had doctors on the premises.

128. In certain establishments, I came across feldshers, medical stafftraditionally employed in Russia whose level of training is somewhere between that of nurses and doctors. Others employed nurses. These medical staff were able to provide emergency medical care if prisoners so requested. 1 asked whether persons entering and leaving IVSs were examined to check for signs of ill-treatment, and only received negative replies.

129. I was told that on arrival, all prisoners were asked if they wanted to complain about their state of health. If the answer was negative, no medical examination was carried out. Nothing was done when they left the IVS. lt seems to me that this system leaves room for possible abuses. Firstly, if staff know that there are no systematic checks on prisoners‘ health, they may be less likely to worry about the possibility of proceedings being brought against them. Equally, however, dishonest prisoners can complain of illtreatment knowing that no checks have been carried out that might disprove the allegations."

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