05.09.2008 - Source: World Organisation Against Torture

OMCT concerned by lack of appropriate medical care for inmate Nikolay Baluev, whose health condition is deteriorating ("Lack of appropriate medical care_Fear for safety [RUS 050908]") [ID 24681]

Document(s): Open document

06.2008 - Source: Freedom House

Prison conditions deteriorate in Russian prisons; inmates of pre-trial detention centres (SIZOs) are subjected to dangerous diseases such as HIV, tuberculosis or hepatitis ("Nations in Transit 2008") [ID 23759]

"Anecdotal evidence suggests that conditions are deteriorating in Russian prisons.

The number of prison inmates in Russia reached 890,000 in the first half of 2007, according to the Federal Penitentiary Service Web site, the highest figure in five years.

The system has "slipped away from public, and even law enforcement, control almost entirely and increasingly bears the hallmarks of a repressive camp system of the totalitarian type," according to For Human Rights executive director Lev Ponomarev's analysis.

He argues that "those who find themselves remanded to a pre-trial detention center (SIZO) likely will be subjected to torturous conditions in overcrowded facilities, where there is a very real risk of contracting tuberculosis, HIV, hepatitis, or some other dangerous disease with far less than adequate medical care.""

Document(s): Open document

11.03.2008 - Source: US Department of State

Conditions in SIZO pretrial facilities remained extremely harsh and posed serious threat to health and life; low health, nutrition and sanitation standards; abuse of prisoners continued to be problem ("Country Report on Human Rights Practices 2007") [ID 22589]

"According to official statistics, approximately 2,000 persons died in SIZOs in 2004, the most recent year for which data was available. According to the FSIN, in 2005 the mortality rate among inmates increased 12 percent. Most died as a result of poor sanitary conditions or lack of medical care (the leading cause of death was heart disease). The press reported that individuals were mistreated, injured, or killed in various SIZOs. Some of the reported cases suggested habitual abuse by officers. (...)

Abuse of prisoners by other prisoners continued to be a problem. Violence among inmates, including beatings and rape, was common. There were elaborate inmate-enforced caste systems in which informers, homosexuals, rapists, prison rape victims, child molesters, and others were considered to be "untouchable" and were treated harshly, with little or no protection provided by prison authorities.

Penal institutions remained overcrowded, but there were reports of some improvements. Federal standards call for a minimum of four square meters per inmate. By the end of 2006, only 48 percent of the SIZOs met or exceeded this minimum standard.

Conditions in SIZO pretrial facilities--where suspects are held until the completion of a criminal investigation, trial, sentencing, or appeal--remained extremely harsh and posed a serious threat to health and life. Conditions within different SIZOs varied considerably. Health, nutrition, and sanitation standards remained low due to a lack of funding. Poor ventilation was thought to contribute to cardiac problems and lowered resistance to disease. Overcrowding was common, and the Federal Prison Service reported that approximately 158,000 suspects were being held in pretrial detention facilities designed to house 130,000."

Document(s): Open document

19.09.2007 - Source: Amnesty International

Concerns about treatment of those charged with involvement in violent attacks in Nalchik in 2005; allegations of torture and other ill-treatment of those in detention ("Human rights concerns [EUR 46/040/2007]") [ID 21388]

"In Kabardino-Balkaria, the trial against those charged with involvement in the violent attacks on government buildings on 13 October 2005 will start soon in the capital, Nalchik. During the investigation, relatives, lawyers and those detained have repeatedly expressed concerns about the treatment of the accused, including allegations of torture and other ill-treatment of those in detention. Amnesty International has followed the case of the former Guantánamo detainee, Rasul Kudaev, who is currently detained in Nalchik awaiting trial. Rasul Kudaev and his lawyers allege that he has been tortured and ill-treated while in detention (for further information see case information below). Amnesty International has seen photographs, eyewitness testimony and official documents that provide evidence to support the allegations of torture. However, the prosecutor’s office has repeatedly refused to open an investigation."

Document(s): Open document

06.03.2007 - Source: US Department of State

Conditions in SIZO pretrial facilities, where suspects were held until completion of criminal investigation, trial, sentencing, or appeal, remained extremely harsh ("Country Report on Human Rights Practices 2006") [ID 19294]

"Conditions in SIZO pretrial facilities, where suspects were held until the completion of a criminal investigation, trial, sentencing, or appeal, remained extremely harsh and posed a serious threat to health and life. However, conditions within different SIZOs varied considerably. Health, nutrition, and sanitation standards remained low due to a lack of funding. Poor ventilation was thought to contribute to cardiac problems and lowered resistance to disease. According to the Federal Prison Service, the total number of detainees in the system increased by 31,000. As of December 31, as a result, facilities originally designed to house 130,000 held approximately 161,000 suspects in 216 detention centers, seven prisons, and 160 facilities performing similar functions."

Document(s): Open document

22.11.2006 - Source: Amnesty International

Pre-trial detention often focuses on getting "confessions"; evidence frequently falsified by police, according to Human Rights Ombudsperson ("Torture and forced "confessions" in detention [EUR 46/056/2006]") [ID 17763]

In the original document you will find additional information on the case of ethnic Chechen lawyer Aslan Umakhanov, who was tortured in detention

"If police officers are inadequately trained and unprofessional, they are less likely to investigate crimes through a range of sources of information. Instead they will be overly reliant on information or statements gained from interviews of witnesses, suspects and accused persons. This appears to be the case in Russia where, according to NGO reports, police officers rely on information from interviews with detainees, suspects, accused and witnesses to give them initial leads when investigating a case and will detain individuals having no information to back up the initial arrest at all.(25) The absence of sufficient investigative preparation limits the police’s opportunities to lawfully and professionally confront the suspect, making unlawful force more likely during the interview.(26) The police can then fabricate evidence to fit round the information or statement gained through the interview. According to the Human Rights Ombudsperson Vladimir Lukin, the police "not infrequently falsify evidence".Therefore there is a real risk that any safeguards against torture such as the presence of a lawyer – which make it less likely that an individual will give information or "confess" – will be perceived as hindering the entire investigation, and are to be circumvented rather than respected."

Document(s): Open document

08.03.2006 - Source: US Department of State

Conditions in SIZOs remained extremely harsh and posed a serious threat to health and life ("Country Report on Human Rights Practices 2005") [#46144],  [ID 11269]

"Conditions in SIZOs, where suspects were held until the completion of a criminal investigation, trial, sentencing, or appeal, remained extremely harsh and posed a serious threat to health and life. However, conditions within different SIZOs varied considerably. Health, nutrition, and sanitation standards remained low due to a lack of funding. Poor ventilation was thought to contribute to cardiac problems and lowered resistance to disease. According to the Federal Prison Service, the total of detainees in the system increased by 31 thousand as of September 1. As a result, facilities originally designed to house 130 thousand held approximately 157 thousand suspects."

Document(s): Open document

08.03.2006 - Source: US Department of State

In 2004 according to official statistics approximately 2000 persons died in SIZOS ("Country Report on Human Rights Practices 2005") [#46144],  [ID 11270]

"In 2004 according to official statistics approximately two thousand persons died in SIZOS. Most died as a result of poor sanitary conditions or lack of medical care (the leading cause of death was heart disease). The press reported on individuals who were mistreated, injured, or killed in various SIZOs. Some of the reported cases indicated habitual abuse by officers."

Document(s): Open document

03.06.2005 - Source: Council of Europe - Parliamentary Assembly

Pre-trial detention: Duration and limits ("Honouring of obligations and commitments by the Russian Federation [Doc. 10568]") [#32710],  [ID 11271]

"313. The Criminal Procedure Code states that police may detain an individual not more than 24 hours before the case is referred to the prosecutor and gives him 24 hours in which to open or reject the criminal case. At that point, he must decide whether to seek pre-trial detention from the court. The law prohibits pre-trial detention for crimes carrying a sentence of less than 3 years unless the defendant poses a demonstrable flight risk; detention during trial is limited to 6 months, except where particularly grave crimes are involved. The Criminal Procedure Code specifies that within 2 months of a suspect's arrest police should complete their investigation and transfer the file to the prosecutor for arraignment.

314. An individual detained before January 2002 could spend up to 3 years awaiting trial in a SIZO. Today pre-trial detention is limited in most cases to 6 months. Only in a small number of serious crimes and complex investigations can the Prokuratura request an extension of detention for an additional 6 months, and only with the personal approval of the Prosecutor General can they apply to the court for an extension to a maximum of 18 months. During the first 6 months in which the new procedures were in place, no such 18-month extensions were requested and most cases went to trial in the allotted 6 months. According to Chief Justice Lebedev, from January until May 2003, the courts received 37,000 applications for the extension of pre-trial detention; 35,000 were granted. These procedures were generally respected; however, there were still some judges and regions that did not appear to enforce them fully. According to information we received in November 2004, the courts dealt in 2004 with a total number of 630,000 cases involving detention, including 150,000 cases concerning requests for conditional release."

Document(s): Open document

03.06.2005 - Source: Council of Europe - Parliamentary Assembly

Lefortovo pre-trial detention centre still not transferred from FSB to the Ministry of Justice ("Honouring of obligations and commitments by the Russian Federation [Doc. 10568]") [#32710],  [ID 11272]

"215. Transfer as soon as possible of responsibility for the prison administration and the execution of judgments to the Ministry of Justice (see Opinion No. 193 (1996), § 7 ix) and the withdrawal of the right of the Federal Security Service to possess and run pre-trial detention centres (Opinion No. 193 (1996), § 10 xvii) were accession commitments. In Resolution 1277 (2002), the Assembly welcomed the transfer of responsibility for the penitentiary system from the Ministry of Interior to the Ministry of justice on 31 December 1998 and encouraged further demilitarisation of the prison administration. It requested that the Lefortovo pre-trial detention centre be transferred124 from the FSB to the Ministry of Justice without further delay.

216. We have to report that the specific commitment relating to the Lefortovo pre-trial detention centre has not been fulfilled to date. We were told in November 2004, during our meeting in Moscow with the Deputy Director of the FSB, Mr Ushakov, that the Parliamentary Assembly's recommendations were not binding and that, given the investigative powers afforded to the FSB by the relevant legislation, they absolutely needed a high security detention centre to hold and interrogate suspects. Furthermore, Lefortovo was the best SIZO in the country: with a capacity of around 200 inmates, it was never housing more than 50 "guests" and each inmate had the right to receive from outside 50 kg of extra-food per month. In fact conditions there were so good that many detainees request their transfer125 to Lefortovo. We were repeatedly assured that all regulations issued by the Ministry of Justice were followed to the letter and that the Prokuratura inspected Lefortovo regularly.

217. When we asked why Lefortovo could not be managed, like any other SIZO, by the Ministry of Justice, we were told that the normal penitentiary system for detention on remand did not provide sufficient security guarantees and that it was prone to corruption. This is an argument which we find not at all convincing and we therefore reiterate that the Lefortovo pre-trial detention centre and all other detention centres that are still administered or used by the FSB under the Law on the FSB and the Law on the detention of the suspects and accused of committing crimes must be transferred to the Ministry of Justice immediately. However, we have noted with satisfaction that according to the Russian delegation, the President would sign in the near future a presidential decree ordering the transfer of Lefortovo to the Ministry of justice."

Document(s): Open document

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

Very poor material conditions in many of the SIZOs ("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 11273]

"141. One of the main objectives of the ongoing reform of the prison system is to significantly improve detention conditions. I was informed of this by the Russian authorities well before the start of the visit. This progress was also the subject of Committee of Ministers Interim Resolution Re5DH(2003)123 of 4 June 2003. I therefore visited a representative sample of prison establishments during my stay to enable me to assess the changes that had resulted from the reforms. The visits were to SIZO N 1 in Khabarovsk, SIZO N 1 in Irkutsk and IZ — 16/2 in Kazan. [...]

143. The material conditions in these establishments were very poor. In the Khabarovsk SIZO, for example, I visited a women‘s cell which held fourteen people in an extremely hot and humid confined space. There was only one small window that did not even let in any light. The air clearly did not circulate and a tiny fan on a table in the middle of the room was totally ineffective. The women with whom I discussed the situation said that there was not enough room for all of them in the cell and that, on crowded days, they had to sleep in turns.

144. I also visited the same prison‘s disciplinary cells. The first I was shown had recently been renovated and was in a perfectly reasonable state. However when I asked to be shown the neighbouring cell, I found a shocking sight. The room was narrow, with a window through which no air or light could pass. The walls were dirty and covered with mildew and damp. The WC was open, with no form of separation, and gave off strong smells. A prisoner was seated on the floor. He told me he was entitled to one shower a week and one hour‘s outdoor exercise each day in the courtyard, but that this had been replaced by a walk on the roof because of a shortage of supervisory staff.

145. In the Irkutsk SIZO, we visited an entire wing where the cells were in an appalling state. They were dilapidated, dirty and overcrowded. They held between 4 and 17 persons and had no ventilation or appropriate lighting. The beds and bedding were awful. In other sections, the general conditions were much better. The authorities assured us that work was scheduled in the section in a bad state and we were able to observe that it had started in the corridor.

146. Overall, I had the firm impression that most of the premises of these SIZOs required general reconstruction. The thick coats of fresh paint along the walls of all the parts we visited did nothing to hide the dilapidated and probably irreparable state of these buildings. I was, as we walked their corridors, only too aware that I must myself have been the involuntary source of the suffering caused to prisoners by the stifling smell of the freshly painted walls and floors in the July heat wave. I should note, however, that as the visit progressed from east to west, the painting became less obtrusive and the air more breathable, while the colours selected by prison managers for walls and floors changed from oppressive browns and blacks to more hopeful greens and blues.

147. Nevertheless, a clear distinction must be drawn between the very old premises and those that had been renovated, not to mention ones that were newly built. In the former, I saw narrow, overcrowded and badly ventilated cells whose walls and ceilings were covered in numerous stains caused by mould and damp. In the latter, the cells conformed with European standards, the number of prisoners was consistent with the floor area and certain cells were equipped with televisions."

Document(s): Open document

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

In spite of the reforms improvements are still required to the SIZO sector ("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 11275]

"150. The Justice Ministry‘s 2002-2006 federal reform programme for the prison system, approved by the Russian government on 29 August 2001, provides for the building of new remand prisons with 10.130 places, and the renovation of many existing facilities aimed particularly at providing healthier detention conditions. We were able to see some of the results of this programme. For example, in SIZO N 1 in Irkutsk, we visited the new building inaugurated three days earlier to accommodate young persons. The layout of the cells made them more like four-person rooms, with furniture that gave them an air of normality. I was delighted to note that the building contains class rooms and a sports hall. I have to congratulate the authorities on this development and hope that other parts of the SIZO will be brought up to the same standard.

151. In this context, it is clear that overall improvements are required to the SIZO system. In the old buildings, for example, the cell windows are very small, which greatly restricts the amount of light that enters. Efforts must therefore be made to make these cells more accessible to daylight. At the very least, this means that nothing should be placed over windows and that external blinds, called “jalousies“, should be removed.

152. Detention conditions are made even more difficult by the fact that prisoners in SIZOs have no form of occupation, other than one hour‘s exercise each day. Efforts must therefore be made to offer prisoners who so wish additional activities. Providing sports facilities would be a very positive development. Moreover, exercise areas are generally narrow and enclosed. Urgent work is needed to improve them.

153. lt should also be made easier for prisoners to receive family visits. Many of those we met complained that their families had to obtain prior authorisation. The system that applies in most Council of Europe member states is that there is a presumption of authorisation; in other words, visits are considered to be authorised but may be restricted by order of a judge or the authorities. The principle of freedom to visit should also become the rule in Russia."

Document(s): Open document

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

Widespread police violence during inquiry proceedings outside of SIZOs ("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 11277]

"158. I have to say that in my conversations with prisoners I received no complaints of ill-treatment or violations on the part of prison staff, which is clearly very positive. On the other hand, I did hear allegations concerning the police. Initially, I found these very surprising since I had been told that once they had been detained on remand, prisoners should have no more contact with the police. How then could they suffer police brutality? The answer was not initially clear, but subsequently emerged from conversations with prisoners and, above all, lawyers during the course of my visit.

159. In a conversation in a cell in the Irkutsk SIZO, I tried to understand where the problem lay. It was occupied by some twenty prisoners, most of them fairly young. Initially they confirmed that they had not suffered any violence inside the prison. They were very insistent on this form of wording, so that eventually I began to wonder what they meant by “inside“. I therefore asked whether they had had problems outside. From the silence that typical of the prison environment I realised that I was approaching the truth. I insisted on an answer and one of the boys then told me that he had been struck by the police during inquiry proceedings outside the prison. Tongues were then loosened and I was very surprised to discover that the prisoners spoke of such violence as quite routine, or at least as a regular occurrence. And when I asked whether such events happened often or just exceptionally, I was told that they were more or less the rule.

160. I find this situation extremely worrying and I tried to discuss it with all the professionals I met. It was clear that the complaints did not concern prison staff, prosecutors or investigators. Yet as far as I can make out from the new CCP, all inquiry proceedings should be conducted in their presence.

161. I was, however, told that certain aspects of criminal inquiries were governed by legislation dating back to the early 1980s and amended in 1995. This is Act No. 144-FZ of 12 August 1995 on “operational activities relating to enquiries“. As far as I can understand, the Act establishes certain methods for the conduct of certain operational activities in the course of criminal inquiries. Its essential purpose is to protect state security. Under the legislation, inquiries may be conducted openly or in secret by bodies answerable to the Interior Ministry, the FSB or other specialist departments. it is not necessary for a lawyer or a prosecutor to be present during such inquiries, probably because they normally concern investigations designed to catch and arrest serious criminals. At the same time, inquiries concerning ordinary prisoners are governed by the CCP, and must be conducted by an investigator in the presence of a prosecutor.

162. I therefore think there is a risk of conflict between two sets of legislation covering the same area. From what I was told, in accordance with Act No. 144-FZ, the police remove prisoners from SIZOs and question them without the presence of a lawyer or investigator, which is apparently not necessary under this Act, though it is under the CCP. The absence of a lawyer or investigator could well be seen by certain police officers as an opportunity to extract a confession using prohibited methods, including force. It is apparently at this stage that the violence alleged by prisoners regularly occurs.

163. Another problem emerged from my discussions with senior police officials in Kazan. Apparently an Interior Ministry circular requires a 100% clear-up rate for offences. Police officers‘ assessments and pay are reportedly directly linked to this. Such an objective risks becoming an incentive to use force.

164. Many lawyers spoke about the conflict between the 1995 Act and the CCP, which was enacted after it. I cannot avoid being concerned that police brutality may be based on legislation originally intended to deal with situations very different from simple inquiries into everyday offences. I therefore call on the Russian authorities to examine this issue and come up with a clear and precise response, to end abuses that may be committed by those who take advantage of a legal ambiguity to put convenience before the law, and who violate human rights rather than defending them, as they are required to do."

Document(s): Open document

19.03.2004 - Source: Amnesty International

Nizhnii Novogorod: 2 men who were charged with robbery allegedly tortured while awaiting trial ("Russian Federation - Further Information on UA 274/03") [#20638],  [ID 11278]

"Aleksei Shishkin and Andrei Osenchugov, who were allegedly tortured while awaiting trial, have made no further complaints, and both are said to be well.

They were arrested in March 2002 and charged with robbery. They were then held at the Nizhnii Novgorod pre-trial detention centre (IZ-52/1) until late October 2002. There the teenagers allege that they were tortured and ill-treated by two adult cellmates, on the orders of prison staff, to make them confess to a number of other crimes.

Both were convicted and sentenced to eight years in the Arzamas juvenile correction facility, in the Nizhnii Novgorod region. A law enforcement official allegedly visited them there and asked them to sign official requests to close the criminal investigation into their allegations of torture and ill-treatment. When they refused, they were allegedly told that they would be transferred back to the Nizhnii Novgorod pre-trial detention centre, where they would be forced to drop their accusations.

The investigation into the robbery of which they were convicted has reportedly been reopened, and the teenagers have been transferred back to the Nizhnii Novogorod pre-trial detention centre (IZ-52/1). Amnesty International is monitoring the situation closely, and will take further action as necessary."

Document(s): Open document

25.02.2004 - Source: US Department of State

Despite improvements, conditions in SIZOs remained extremely harsh and posed a serious threat to health and life ("Country Reports on Human Rights Practices - 2003") [#19737],  [ID 11279]

"Conditions in police station detention centers varied considerably but generally were harsh; however, average periods of stay in such facilities decreased, and overcrowding was greatly alleviated. Implementation in July 2002 of the new Criminal Procedures Code and the overall reduction in the use of pretrial detention for petty criminals reduced both the numbers of persons being held and the length of time they may be held in pretrial detention. Since 2000, the pretrial population has declined by approximately 46 percent, virtually eliminating the problem of overcrowding in those institutions.

Despite these improvements, conditions in SIZOs, where suspects were confined while awaiting the completion of a criminal investigation, trial, sentencing, or appeal, remained extremely harsh and posed a serious threat to health and life. Health, nutrition, and sanitation standards remained low due to a lack of funding. Head lice, scabies, and various skin diseases were prevalent. Prisoners and detainees typically relied on families to provide them with extra food. Poor ventilation was thought to contribute to cardiac problems and lowered resistance to disease.

Because of substandard pretrial detention conditions, defendants at times claimed that they had confessed simply to be moved to comparatively less harsh prison conditions. Defendants' retractions of confessions made under these conditions generally were ignored, as were those who attempted to retract confessions they claimed they were coerced to make (see Section 1.e.)."

Document(s): Open document

07.11.2003 - Source: International Helsinki Federation for Human Rights

Long pre-trial detentions are still utilized with the aim of “breaking the will” of the prisoners “with the intention of eliciting confessions and information” ("Torture and Inhuman or Degrading Treatment or Punishment") [#17377],  [ID 11280]

"However, harsh prison conditions, coupled with the indiscriminate use of pre-trial detention,
occasionally for long periods of time, are still utilized with the aim of “breaking the will” of the
prisoners “with the intention of eliciting confessions and information.”"

Document(s): Open document

15.10.2001 - Source: UN Committee Against Torture

UN Committee against Torture: Distressing conditions of pre-trial detention ("Consideration of Reports submitted by States Parties under Article 19 of the Convention; Third periodic reports of States parties due in 1996; Addendum; Russian Federation [CAT/C/34/Add.15]") [#37537],  [ID 11281]

"6. The Committee also expresses its concern about the following:

(g) Distressing conditions of pre-trial detention, including the prevalence of tuberculosis and other diseases, as well as the poor and unsupervised conditions of detention in IVS (temporary police detention), and SIZOs (pre-trial establishment) facilities, including the practice of placing metal shutters in front of cell windows, preventing natural light and ventilation in the cells, reportedly because, by law, inmates are prohibited from communicating with one another"

Document(s): State report
Concluding observations of 6 June 2002 [CAT/C/CR/28/4]