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Russian Federation
1386. By letter dated 28 January 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the right to freedom of opinion and expression, and the Special Representative of the Secretary-General on the situation of human rights defenders, the Special Rapporteur notified the Government that he had received allegations concerning Aslan Davletukaev, Avtury. He is a human rights defender who had been working as a volunteer with the Society of Russian - Chechen Friendship (SRCF) since 2000, in particular gathering information on the situation of human rights in Chechnya for the SRCF Information Centre. On 10 January 2004 at 10.15 p.m., approximately 50 armed men in three military and two civilian vehicles arrived at his home, where they beat him and forced him at gunpoint into one of their cars. On 16 January 2004, the body of Aslan Davletukaev, apparently showing signs of torture and mutilation, was found by reconnaissance units of the Russian army near a highway at the entrance to Gudermes. His death was the result of a bullet wound to the back of the head.
1387. By letter dated 13 April 2004 the Government reported that on 9 January 2004, at approximately 11 p.m., unidentified persons wearing camouflage uniforms and masks and armed with automatic weapons arrived in three armoured personnel carriers and two UAZ cars in the village of Avtury, Shalin district, and took Aslan Davletukaev away in an unknown direction. On 18 January 2004 the Shalin district procurator’s office initiated a case on the basis of evidence of an offence under article 126 of the Criminal Code, concerning the abduction of a person. The body of Aslan Davletukaev, showing signs of a violent death, was discovered at about 10 a.m. on 17 January 2004 by the Dzhalka settlement of Gudermes district. The Gudermes district procurator’s office initiated a case under article 105 of the Criminal Code, concerning homicide. Inspections were made at the crime scenes, interviews with witnesses and relatives were conducted and forensic examinations ordered. Inquiries were prepared and addressed to the directors of the Ministry of Internal Affairs and the Federal Security Service, as well as troop units and command staff, with a view to obtaining information about the conduct of special measures by military personnel of the federal forces in the village of Avtury. The investigation is continuing and is being monitored by the procurator’s office of the Chechen Republic.
1388. By letter dated 5 August 2004, the Special Rapporteur notified the Government that he had received allegations concerning the following persons. The Government responded by letter dated 5 October 2004.
1389. Arthur Beksultanov, aged 22, Achkhoy-Martan District Centre, Chechen Republic. On 18 February 2004. at about 3 a.m., he was seized from his home by armed masked men believed to be from the Federal Security Service of Achkhoy-Martan district. They put him in an armoured personnel carrier and drove away. The next day Arthur Beksultanov was found at the exit point of Ackhoy-Martan district centre, in the direction of Bamut village. He was shirtless and had been severely beaten.
1390. The Government reported that it had no information concerning Arthur Beksultanov. However, concerning Movsar Vasaevich Beksultanov, on 12 February 2004, around 2 a.m., unidentified armed, camouflaged and masked individuals burst into his home and took him away. Three hours later he was released on the road to Bamut. An inquiry into the incident by the Achkhoy-Martan district internal affairs office investigator was conducted. Movsar Vasaevich Beksultanov made no declaration concerning the use of violence against him, nor did he submit medical documents confirming that he had sustained bodily injuries. It was decided on 13 February 2004 not to open a criminal case as no offence was found to have been committed. On 9 September 2004, the Chechen Republic Procurator’s Office decided to overrule the decision, and case materials were transmitted to the Achkhoy-Martan interdistrict procurator’s office for further examination.
1391. R.S. Kantaeva, Rustam Kantaev, aged 21, Beslan Kantaev, aged 43, and Ruslan Kantaeva, of Kolkhoznaya Street, Achkhoy-Martan village, Chechen Republic. On 3 January 2004, at about 4 p.m., three armoured personnel carriers, accompanied by a UAZ police car, stopped at the house. Masked soldiers broke in, swearing loudly, and breaking and overturning its contents. Rustam Kantaev was knocked down, kicked and hit with rifle butts, and dragged out of the house. He was forced to lie face down in the snow, and with their guns aimed at his head, the soldiers threatened to kill him. R.S. Kantaeva was also held at gunpoint. The soldiers did the same to Beslan Kantaev. Ruslan Kantaeva was seized and dragged to the basement of the house and was beaten. The soldiers left after 30 minutes with jewellery, money, clothing and other valuables. When the police were contacted they said that they were powerless to do anything, and refused to intervene or report the incident.
1392. The Government reported that on 3 January 2004, armed, camouflaged and masked individuals arrived at the village of Achkhoy-Martan, where they split up into two groups. One group broke into the home of M.G. Kantaev, and stole money and valuables. Another group entered the home of R.S. Kantaeva. The occupants were taken into the courtyard and beaten with rifle butts. Valuables were stolen from the house. On 9 January 2004, criminal cases into these two events were combined. On 6 April 2004 the preliminary investigation into the case was suspended as no individuals had been found against whom charges could be brought. On 9 September 2004 proceedings in the case were resumed.
1393. By letter dated 20 September 2004, the Special Rapporteur notified the Government that he had received the following allegations, to which the Government responded by letterd dated 30 November 2004.
1394. Adlan Dovtaev, aged 31, Gekhi village, Urus-Martan, and Shaprudi Israilov, Kulary village. On 30 December 2002, they were among eight persons who were stopped by an armoured personnel carrier (APC) near the roadblock at Chernoreche. They were dragged from their cars into the APC by uniformed men and taken to the headquarters of the Russian Armed Forces in the North Caucasus, Khankala. During the following two days six of the men were released, after having been subjected to torture and ill-treatment while being questioned about their alleged contacts with Chechen fighters. Adlan Dovtaev and Shaprudi Israilov were not released and their whereabouts are unknown.
1395. The Government reported that on 30 December 2002, near the roadblock at the settlement of Chernoreche on the Grozny-Urus-Martin highway, unidentified armed persons dressed in camouflage uniforms and travelling in an armoured personnel carrier and a UAZ vehicle stopped a VAZ-2107 motor car and detained its occupants, which included A. Dovtaev. The armed individuals then fired on another VAZ-2107 vehicle, as a result of which S.S. Israilov sustained gunshot wounds of varying degrees of seriousness. The occupants of both cars were detained and taken to the area of the Khankala settlement, where they were kept during the night from 30 to 31 December 2002, after which they were driven away to various parts of the Republic and released. All subsequently returned to their places of residence, with the exception of A. Dovtaev and S. Israilov. The whereabouts of the latter have not as yet been established. On 4 January 2003, the Grozny City Procurator’s Office opened a criminal case on the basis of indications of offences under article 105.1 (homicide) and article 126.2 (abduction of a person) of the Criminal Code. Since the investigation revealed the involvement of military service personnel in the commission of the offences, on 7 June 2003 the criminal case was placed under the jurisdictio n of the military procuratorial bodies. When questioned about the circumstances of the case, the occupants of the cars explained that they were questioned about their membership of illegal armed groups. During the interrogations they were subjected to physical pressure and beatings. On the following day they were taken away to various districts of the Republic and released. They are unable to identify the persons who detained and beat them. The testimonies of the victims in respect of having been beaten were not objectively confirmed during the investigation. They did not go to medical institutions for attention fpr any bodily injuries caused, and no statements accusing anyone of having inflicted beatings were received from them. On 4 January 2004, the investigator of the military procurator’s office of the United Group of Forces (OGV) suspended the preliminary investigative proceedings on the basis of article 208.1.1 of the Code of Criminal Procedure in view of the impossibility of identifying persons chargeable for the offences. Search operations are being conducted in the case aimed at determining the whereabouts of A.D. Dovtaev and S.S. Israilov, as well as tracing the persons who committed the offences.
1396. A.O. and A.S. (cited in a previously transmitted communication, E/CN.4/2004/56/Add.1, paras. 1367, 1368). According to recent information, the official investigation into their ill-treatment was reopened by the Nizhny Novgorod oblast procurator’s office on 19 August 2003. On 16 September 2003, the above-mentioned persons, who are serving their sentence in the Arzamas juvenile correction facility, were threatened by a major (whose name is known to the Special Rapporteur) that if they did not sign a request to drop their complaint, they would be transferred back to the pre-trial detention centre IZ-52/1, where they first suffered their ill-treatment.
1397. The Government reported that by a judgement of Nizhny Novgorod’s Sormovsky district court of 23 October 2002, the juveniles A.O. and A.S. were sentenced for the offence of assault with intent to rob to eight years’ deprivation of liberty, with the sentence to be served in a correctional facility. For the serving of the sentence they were both sent to the Arzamas correctional facility in Nizhny Novgorod oblast, from where A.S. was transferred, on reaching 18 years of age, to a correctional facility for adults. The first complaints about the actions of the administration of Nizhny Novgorod remand centre No. 1 were sent in August 2002 by the legal representatives of A.O. and A.S., and also by the Nizhny Novgorod regional social organization “Committee against Torture”. The appearance of the complaints coincided with the beginning of the trial of A.O. and A.S. It is alleged in the complaints that personnel of the remand centre and also adult fellow cellmates used physical force, including beatings and electric shock torture, against A.O. and A.S. with the aim of obtaining from them confessions to crimes which they had not committed. During the inquiry that was carried out, the claims made in the communications were not confirmed and consequently, on 26 August 2002, it was decided not to open a criminal case. From September 2002 onwards the oblast procurator’s office began receiving numerous messages from foreign citizens seeking to protect the interests of A.O. and A.S. For a fuller and more objective verification of the issues raised in these communications, the oblast procurator’s office on 26 September 2002 initiated a criminal case on the basis of indications of an offence under article 117.2 (a) and (d) of the Criminal Code relating to acts of torture. When questioned as witnesses, persons in the same cell as A.O. and A.S. made it clear that no physical or moral pressure had been exerted on the juveniles. While in remand centre No. 1, A.O. and A.S. did not present themselves in the medical unit for the treatment of physical injuries, and no objective information has been found to confirm the facts alleged in the communications. Furthermore, in the presence of a legal representative and lawyer, A.O. stated that no one had tortured him, and the complaints had been made with a view to prolonging the judicial investigation and mitigating the sentence. A.S. stated that he had no complaints against the staff of remand centre No. 1, and no physical pressure was exerted on him by anyone. In view of the foregoing, the criminal case was suspended on 26 November 2002, on the basis of article 24.1.1 of the Code of Criminal Procedure for lack of evidence of a crime. In order to conduct further investigative action to check on the claims made in the communication received from the president of the “Committee against Torture”, the preliminary investigation into the criminal case was resumed. All the arguments were examined in the course of the investigation, but no confirmation of them was found. On 14 January 2003, an application was received from A.O.’s father, requesting that no further checks be conducted and that the case be closed, since he agreed with his son’s testimony that there had been no violations of his rights. On 27 January 2003, the criminal case was again suspended on the basis of article 24.1.1 of the Code of Criminal Procedure, for lack of evidence of a crime. On 19 August 2003, in view of the incompleteness of the investigation, the decision to suspend the criminal case was overturned by the Nizhny Novgorod oblast Procurator’s Office, and proceedings in the case were resumed. On 16 September 2003, an investigator went to the correctional facility to pursue investigations with A.O. and A.S., but they refused to give testimonies. At the same time an application was received from A.S.’s aunt, his legal representative, asking not to be troubled further, since she, like her nephew, had no complaints against anyone and they were fed up with claims about non-existent facts. On 19 September 2003, proceedings in the criminal case were suspended on the basis of article 24.1.1 of the Code of Criminal Procedure, for lack of evidence of a crime. However, in view of a communication received at the oblast procurator’s office from the president of the Nizhny Novgorod regional social organization “Committee against Torture” alleging the exertion of pressure on A.O. by the investigator to write an application for the case to be closed, the preliminary investigation into the case was again resumed on 6 November 2003. The preliminary investigation found no objective confirmation of the arguments set forth in the complaints of A.O. and A.S., their legal representatives and communications from human rights organizations alleging the use of violence and torture against them. In view of the foregoing, the criminal case was closed on 24 February 2004 on the basis of article 24.1.1 of the Code of Criminal Procedure for lack of evidence of a crime. It should be pointed out that the convicted persons themselves and their relatives repeatedly changed their testimonies during the investigation.
1398. Akhmed Gisaev. He was detained on 23 October 2003 and taken to ORB-2, an unofficial place of detention in Grozny run by the Operative and Search Bureau under the Russian Ministry of the Interior, which primarily deals with organized crime and is alleged to be a notorious "torture centre" in the Chechen Republic. He was taken to a small room on the third floor where he was kept for approximately three days. The window was covered with paper. He was questioned about his affiliation with Chechen opposition fighters and why he had worked for the police under the Chechen President. During the questioning he was kicked, beaten with batons and fists, burned with cigarettes and subjected to electric shocks on his right hand and foot. Before the interrogators left the room he was fixed to a water pipe in the room. Some time later that day five or six men came into the room, blindfolded him with a plastic bag and put tape over his mouth. He was placed in the middle of the room while the men beat him from all sides and cursed at him. One man stood on his back, while others fixed a cable to his feet and to his handcuffs. He was told that if he admitted to being a member of a group of Chechen fighters, he might survive, otherwise he would die. After about three days he was transferred to another facility, believed to be the headquarters of the Russian federal forces in Khankala, where he was kept in a basement and was again beaten, tortured with electric shocks, deprived of food and sleep, verbally abused and made to drink alcohol, which is against his religious belief as a Muslim. The room in Khankala was damp and inhabited by rats. After 11 days in the basement he was transferred to another cell, where he was given food and water. He was released after his family paid a ransom. For a few days after his release he reportedly could not walk on his own. He reportedly suffered from serious headaches, insomnia and pain in his chest when breathing.
1399. The Government reported that on 23 October 2003, about 20 unidentified armed, camouflaged and masked individuals travelling in UAZ vehicles, on the pretext of checking passport formalities, entered his residence and drove Akhmed Gisaev away in an unknown direction. The Grozny Staropromyslovsky district Procurator’s Office on 1 November 2003, opened a criminal case on the basis of indications of an offence under article 126.2 (a) (abduction) of the Criminal Code. According to his relatives, on 7 November 2003, Akhmed Gisaev was brought home by unidentified persons and released. He had been severely beaten. He spent some time receiving treatment, after which he left for Moscow. No one questioned to date has information about his whereabouts. It has not been possible to question Akhmed Gisaev about the circumstances of the offence committed against him. His mother explained that her son was not detained in the settlement of Khankala, was not subjected to torture or violence, and they had paid no ransom for his release. Other relatives gave similar testimony and also explained that they had not applied to any organizations for the protection of their rights. As regards his detention in ORB-2, witnesses explained that this is only a supposition on their part. No objective data providing evidence of Akhmed Gisaev’s having been kept in ORB-2 or at the military base in Khankala, and subjected there to torture and inhuman and degrading treatment, have been established. The preliminary investigation into the criminal case has repeatedly been suspended on the basis of article 208.1.1 of the Code of Criminal Procedure in view of the impossibility of identifying persons liable to face charges. On 23 August 2004 the Chechen Republic Procurator’s Office overturned the decision on the suspension of the investigation, and proceedings in the case have been resumed. At present the investigation into the case is continuing and investigative and search operations are being conducted with a view to establishing the whereabouts of Akhmed Gisaev and the persons who committed the offence.
1400. Timur Khambulatov, age 24, Savelevskaia village, Naurskii district, northern Chechnya. At approximately 2 a.m. on 18 March 2004, he was detained on suspicion of belonging to an illegal group, and taken away by about 40 masked men wearing camouflage uniforms. They reportedly threatened to kill his mother if she intervened. Later that same morning, Timur Khambulatov was found dead in a police cell by the district procurator. His mother learned that he was dead the following day. The district procurator told to her that Timur Khambulatov had fallen off a chair, but also said that Federal Security Service (FSB) operatives had been involved in his detention. The body had been taken to a military base in Mozdok in North Ossetia for a forensic examination. The pathologist told his mother that there were a lot of bruises on the body, but that they were not sufficient explanation for his death. The head of the local FSB acknowledged that 10 of the men who had taken part in the operation were from his staff.
1401. The Government reported that on 18 March 2004, during raids conducted as part of the “Vikhr-Antiterror” (“Whirlwind Anti-terror”) operation, members of the Naursky district section of the FSB Department for the Chechen Republic, together with members of a provisional combined grouping of sections and subdivisions of the Russian Ministry of Internal Affairs, the Naursky district Internal Affairs Department and military service personnel of the internal troops of the Russian Ministry of Internal Affairs, detained Timur Khambulatov and brought him to the internal affairs department. At his residence a homemade explosive device was discovered and seized. In the detective inspector’s office at the Naursky district Internal Affairs Department, when being questioned about the circumstances of the discovery of an explosive device in his possession, Timur Khambulatov suddenly fainted and fell down. A physician was therefore called to give him first aid. The medical officer explained that on 18 March 2004, she had been summoned to administer first aid to Timur Khambulatov. On his face and hands there were abrasions and contusions. Having examined the patient, she gave him a heart massage, but that did not help, and he died. According to the forensic medical examination, Mr. Khambulatov’s death had resulted from secondary cardiomyopathy complicated by the development of pulmonary-cardiac insufficiency, and this is confirmed by the findings of a histological study. The physical injuries in the form of abrasions and contusions found on the corpse are thought not to have caused serious harm to health. In connection with the infliction of phys ical injuries on Timur Khambulatov, the Naursky district Procurator’s Office in the Chechen Republic opened a criminal case on the basis of indications of an offence under article 286.3 (a) of the Criminal Code involving the excessive use of official powers. When questioned in the case as a witness, the detective inspector of the Naursky district Internal Affairs Department’s criminal section who had interrogated the detainee stated that during his apprehension and transportation to the internal affairs department the person had offered no resistance and no physical force was used against him. He had suddenly felt poorly, fallen down, and without regaining consciousness died. No unlawful methods of investigation had been used against Timur Khambulatov. Similar testimonies were given by other officers who had taken part in the operation and in the detention and transportation of Timur Khambulatov. On 29 September 2004, the preliminary investigation into the criminal case initiated in connection with the infliction of physical injuries was suspended on the basis of article 208.1.1 of the Code of Criminal Procedure in view of the impossibility of identifying persons liable to be charged with a criminal offence. On 21 October 2004, the Chechen Republic Procurator’s Office overturned the decision to suspend the preliminary investigation, and proceedings in the case were resumed. Investigative and search operations are being carried out with the aim of conducting a thorough study of the circumstances of the events and to identify the guilty persons.
1402. Zelimkhan Osmaev and another eight men from Duba-Yurt village, Chechnya. At approximately 2 a.m. on 27 March 2004, eight military vehicles, carrying a large group of masked Russian federal forces in camouflage uniforms, entered the village and conducted a targeted raid on 19 houses. The masked men entered Zelimkhan Osmaev’s house and took him away to an unknown location. His daughter tried to hold on to her father’s leg, but was pulled away by one of the men, thrown against a bedpost and suffered a head injury. In another house in the village a 71-year-old woman was reportedly beaten when she tried to stop the masked men from taking away her son. They detained nine other men aged between 28 and 44, but released three of them soon afterwards. When later that day the relatives went to report the "disappearances" to the local police and procuracy, the authorities reportedly refused to register the cases. It was only on the following Monday that their reports were recorded and the procuracy started to investigate. From a member of the procuracy in Shali the relatives reportedly received information that the eight men were being held at the headquarters of the Russian forces in the North Caucasus in Khankala, which was denied by the military procurator in Khankala. On 9 April 2004 local residents found the bodies in a ravine near Serzhen-Yurt in the Shali region. The bodies bore gunshot wounds as well as marks of torture. A ninth body was later identified as a man from Duba-Yurt who had "disappeared" from his home in Grozny between 1 and 2 April 2004.
1403. The Government reported that on 27 March 2004, in the settlement of Duba-Yurt in the Shalinsky district of the Chechen Republic, unidentified masked individuals dressed in camouflage uniforms, armed with automatic weapons and travelling in UAZ vehicles abducted eight residents of the village, including Zelimkhan Osmaev, and drove them away in an unknown direction. On 31 March 2004, the Shalinsky district Procurator’s Office opened a criminal case in connection with the abduction of Zelimkhan Osmaev and seven village residents on the basis of indications of an offence under article 126.2 (abduction of a person) of the Criminal Code. An investigative task force consisting of staff members of the procurator’s office, the internal affairs department, the FSB Department for Shalinsky district and the military procurator’s office was established to look into the criminal case. On 9 April 2004, the bodies of nine men showing signs of a viole nt death were discovered in forestland at a distance of 150 m from the Shali-Serzhen Yurt highway in the Beni- Tatol river bed. That same day the Shalinsky district Procurator’s Office opened a criminal case on the basis of indications of an offence under article 105.2 (homicide) of the Criminal Code. In the course of the investigation the persons killed were identified as being the villagers of Duba-Yurt, Shalinsky district, who had been abducted on 27 March 2004, as well as another person, who had been abducted by unidentified persons on 11 February 2004 in the city of Grozny. On 24 April 2004, the criminal cases opened in connection with the abduction and killing of the above- mentioned citizens were joined in a single proceeding. The findings of the forens ic medical examination indicate that all nine corpses have multiple gunshot wounds on various parts of the body, which caused death. No other physical injuries were discovered on the corpses. In the course of the preliminary investigation, witnesses, including eyewitnesses to the events, were questioned, forensic medical and ballistic tests were arranged and conducted, and other investigative and search operations were carried out, but identifying the persons who committed the crime appeared not to be possible. In view of the foregoing, on 5 June 2004, the preliminary investigation into the criminal case was suspended on the basis of article 208.1.1 of the Code of Criminal Procedure of the Russian Federation on account of the impossibility of identifying the persons liable to be charged with criminal offences. The Chechen Republic Procurator’s Office overturned the decision to suspend the investigation on 22 June 2004, and proceedings in the case were resumed. Investigative operations are now being conducted with the aim of shedding light on the crime. The claims as to the belated initiation of a criminal case in connection with the abduction of the villagers of Duba-Yurt and the refusal of the law enforcement authorities to accept submissions do not correspond to the actual situation, since a criminal case was opened within the statutory time limit, i.e. on 31 March 2004. Furthermore, on the day after the abduction, applications from relatives were received in the Chechen Republic procurator’s office. They were all considered and replies were sent to the applicants.
1404. By letter dated 30 November 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
1405. V.K., aged 15, from the town of Petrov Val, Volvograd. On 1 June 2004, he was detained by police in connection with a murder investigation. His mother and a lawyer were present during two sessions of questioning that took place over the following two weeks, and he reportedly appeared to be frightened on both occasions. On 15 June, he was beaten by four men, two of whom were wearing police uniforms and two wearing plain clothes. He was neither given medical aid nor was the questioning halted when his nose started to bleed and he complained of chest pains. The police investigator reportedly told him that if he admitted to the crime, he would get a conditional sentence of two years. On 30 June, he signed a statement, which is reported to be "inconsistent and unrealistic", admitting to the murder. V.K. told his lawyer that he had signed the confession because he feared he would be beaten again. However, when he met his mother again on 10 August, in the presence of a policeman, he claimed that he had been treated well, and in a letter sent to his mother from the pre-trial detention centre, he stated that he had never been beaten and that no one had pressurized him into signing a confession.
Urgent appeals
1406. On 7 January 2004, the Special Rapporteur sent an urgent appeal concerning Bashir Adamovich Mutsolgov, aged 28. According to the allegations received, he was taken away on 18 December 2003 by representatives of the FSS in the Republic of Ingushetia. He was pushed into a white car with dark windows whose number plate was partially covered with mud. Before being pushed into the car, Bashir Adamovich Mutsolgov was hit with a gun butt in the stomach. The car drove away in the direction of the Rostov-Baku motorway. Bashir Adamovich Mutsolgov was taken to the FSS department in Magas town, where he is thought to have spent a night in the basement. On the following day he was taken to the Khankala settlement in Grozny, where he is believed to be currently held. However, no official information has been provided to his relatives about his whereabouts since his alleged arrest.
1407. By letter dated 24 February 2004 the Government reported that Bashir Adamovich Mutsolgov was abducted at 2 p.m. on 18 December 2003 in the town of Karabulak, Republic of Ingushetia, by unknown individuals and driven away in a white motor car registered in Stavropol Territory but with undistinguishable number plates. The Karabulak procurator’s office on 26 December 2003 initiated a criminal case pursuant to article 126 of the Criminal Code, concerning the abduction of a person. Investigations did not uncover Bashir Adamovich Mutsolgov’s whereabouts. It has been established that the law enforcement bodies of the Republic of Ingushetia and of the Chechen Republic, and the Provisional Operations Group of the joint troops and forces of the Russian Ministry of Internal Affairs had not detained him or brought him to the settlement of Khankala in the Chechen Republic. There are no detention centres there.
1408. On 15 January 2004, the Special Rapporteur sent an urgent appeal regarding Khamzat Osmaev, a 50-year-old physiotherapist. According to the allegation received, he was was arrested on 12 January 2004 at approximately 5 p.m. in the Republic of Ingushetia by seven masked men in military uniforms believed to be members of the Russian federal forces. A white vehicle with tinted windows and no number plates stopped outside the medical massage centre that Mr. Osmaev runs in Plievo, on the outskirts of Nazran. The men forced him into the car and drove off in the direction of Nazran. His whereabouts are reportedly unknown since then.
1409. By letter dated 26 February 2004, the Government reported that on 22 January 2004 the Nazran Procurator’s Office opened a criminal case in connection with the abduction of Khamzat Osmaev on the basis of an offence contrary to article 126 of the Criminal Code, concerning abduction. On 26 January he was freed by his kidnappers and returned home. He testified that, while in the vehicle, a bag was placed over his head and he was driven for two hours, whereupon he was locked in a room at an unknown location. Throughout his confinement he was visited by masked individuals who beat him and demanded that he confess to being a member of an illegal armed gang that had attacked the town of Budenovsk. After some time a bag was again placed over his head and he was taken to the outskirts of the village of Ordzhonikidzevskaya in Sunzha district, where he was freed. Khamzat Osmaev was unable to explain who had detained him and where he was held during that period. At the present time the investigation is continuing. An expert forensic examination has been scheduled to ascertain the seriousness of the bodily injuries caused to Khamzat Osmaev. A number of investigative and operational steps have been taken to identify the perpetrators of the offence, the vehicle they used and the place where he was held following his abduction.
1410. On 3 February 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on violence against women, with respect to allegations received concerning:
1411. Eliza Gaitamirova, a mother of four from the village of Gekhi, in the Urus-Martan region of the Chechen Republic. She was arrested on 2 December 2003 after she complied with an order to go to the Urus-Martan district police station (ROVD). On the following day, the head of the Department for Criminal Investigations at the ROVD told her mother that she had been detained, but did not specify on what grounds. It is reported that Eliza Gaitamirova was released from the ROVD in mid-December 2003, but that on her way home to Gekhi, she was stopped by men in camouflage, thought to be Russian soldiers, who took her away. Her whereabouts reportedly remain unknown since then.
1412. Milana Kodzoeva, Kotar Yurt, Achkhoi-Martan, Chechen Republic. She was questioned on 5 and 9 January 2004 by a member of the Russian federal forces about allegations that she wanted to become a suicide bomber and had plans to go to a training camp for Chechen fighters. She denied all the allegations and the man left. On 19 January 2004, several men in camouflage came to her house and forced her to go with them. Her whereabouts are allegedly unknown since then.
1413. By letter dated 28 April 2004, the Government reported that at about 2 p.m. on 15 January 2004, in the vicinity of her home in the village of Gekhi, Urus-Martan district, the Chechen Republic, Eliza Gaitamirova, was abducted and driven away to an unknown destination by unidentified armed individuals travelling in two motor vehicles. Her whereabouts have not to date been established. On 25 January 2004 the Urus-Martan district procurator’s office opened a criminal case on the basis of evidence of an offence under article 126 of the Criminal Code. On 19 January 2004 the Achkhoi-Martan inter-district procurator’s office opened a separate criminal case file on the basis of evidence of an offence under the same article of the Criminal Code, in connection with the abduction of Milana Ozdoeva. It has been ascertained that, at about 2 a.m. on 19 January 2004, some 15-20 unidentified masked and armed individuals in camouflage gear entered the village of Katyr-Yurt, Achkhoi-Martan district, where they abducted Milana Ozdoeva and drove her away in a motor vehicle. Her whereabouts have to date not been established. The investigation of the criminal cases in connection with the abduction of Ms. Gaitamirova and Ms. Ozdoeva is at present continuing under the supervision of the Office of the Procurator of the Chechen Republic. As the investigation proceeds, measures are being taken to establish the circumstances surrounding the abduction and possible whereabouts of the women and to identify their abductors. At the current stage of the investigation, the involvement of military personnel or officers of other law and order agencies has not been established.
1414. On 4 February 2004, the Special Rapporteur sent an urgent appeal, concerning Saarbek Sultanovich Nasarov, aged 29, and a resident of of Grozny, Chechnya. According to the allegations received, on 5 January 2004, Saarbek Sultanovich Nasarov, and his brother Zaur Emidievich Nasarov, aged 23, left their parents’ home in their car. They were stopped at around noon, arrested by police officers wearing masks, and taken to the Oktyabrsky district police office, where they were detained for five days. Their relatives did not learn of their detention until witnesses alerted them to the situation on 7 January. On 8 January, the Chief of the Investigations Department told the victims’ uncle that the brothers were being detained at the police station pending legal proceedings against Saarbek Sultanovich Nasarov for having 1.2 kg of dynamite in his car. Nasarov Zaur was released on 10 January, and showed signs of being beaten. He reported that both he and his brother were detained in the area of summer cottages (dachas) of the Oktaybrsky district, where they were beaten and tortured with electric currents for two hours by policemen. After the failed attempts by the police to make the brothers confess to storingweapons, they brought them to the police station where were held in a room which reportedly contained "chloride lime". Nasarov Zaur was not fed during the duration of his detention and was given water only once. On 16 January, Saarbek Sultanovich was allowed to see his uncle, with the investigator present. Saarbek Sultanovich told his uncle that he had been beaten and tortured with electric shocks in an attempt to make him sign a confession to the possession of weapons. He was forced to turn down the aid of a defence lawyer, as he was threatened with continued torture if he did not do so.
1415. By letter dated 28 April 2004, the Government reported that the two men were arrested on 6 January 2004, at around 1 p.m., by officers of the Oktyabrsky district Internal Affairs Office. An inspection of the car belonging to S.S. Nasarov revealed five sticks of dynamite and an electronic detonator under the back seat. Once it was established that Z.E. Nasarov was not connected with the objects found, he was released after questioning that same day. After S.S. Nasarov had explained how he had come by and transported the explosives, it was suggested that he should go home and return to the District Internal Affairs Office the following day. He refused to leave the building, however, saying it was dark outside and he feared for his life, so the officers at the Oktyabrsky District Internal Affairs Office offered him a bed for the night. The following day he left the District Internal Affairs Office premises, forewarned of the need to report to the official investigator on 8 January 2004. On 8 January 2004, S.S. Nasarov was detained and offered a lawyer. However, in the lawyer’s presence, he wrote out a statement declining the services of a defence lawyer on the grounds that he was capable of conducting his own defence. On 12 January 2004, the Oktyabrsky District Court ordered S.S. Nasarov to be held in custody as a preventive measure. On 3 March 2004, final charges were filed against Mr. Nasarov under articles 208, paragraph 2, and 222, paragraph 2, of the Criminal Code. The charges were laid and the case-files subsequently made available to the accused. On 10 March 2004, the case was submitted to the Oktyabrsky District Federal Court for consideration on the merits. During the pre-trial investigation S.S. Nasarov did not file any petitions or make any allegations about the use of physical violence, torture or other unauthorized conduct. On 26 January 2004 S.A. Nasarov, S.S. Nasarov’s uncle, submitted an appeal to the procurator’s office alleging unauthorized conduct and physical and psychological violence against S.S. Nasarov during the investigation. In response to that, the Oktyabrsky District Procurator’s Office carried out a check and decided, on 29 January 2004, not to institute criminal proceedings on the grounds that no crime had been committed. On 11 March 2004, the Oktyabrsky District Procurator revoked the decision not to institute proceedings, and the case-files were sent for further checking. On 16 March 2004, it was once again decided not to institute proceedings for the use of violence and unauthorized conduct during the investigation of S.S. Nasarov for the same reasons as above. During the checks, S.A. Nasarov explained that he had submitted the appeal on behalf of his nephew, Z.E. Nasarov, who had been arrested on 6 January 2004 together with S.S. Nasarov. He had learned from his nephew that officers at the district internal affairs office had treated him violently. Z.E. Nasarov did not report the use of violence by the law-enforcement agencies himself. He has now gone to Moscow with his mother and S.A. Nasarov does not know when he will return. According to the person in charge of the temporary holding facility, upon arrival S.S. Nasarov was examined by a doctor who found no signs of bodily harm. During his detention S.S. Nasarov did not complain about the use of unlawful methods during the investigation nor about his state of health owing to the use of violence. During the checks that were carried out, S.S. Nasarov refused to provide any explanation on the matter. Z.E. Nasarov did not report the use of any physical violence or torture against him to the law enforcement agencies. Thus the checks carried out did not corroborate the allegations that violence and unlawful methods were used during the investigation of S.S. Nasarov.
1416. On 1 March 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, regarding Ruslan Soltakhanov, of Mozdok, Republic of North Ossetia. According to the allegations received, on 13 February 2004, he was arrested by five Russian security officers in plain clothes at his house. No reason was given for the arrest, and several hours later they returned to search the house, and claimed they found two hand grenades. He is currently held incommunicado at an unknown location. Ruslan Soltakhanov has been known to foreign journalists, who often used his services as a driver to accompany them on independent visits to Chechnya. Most recently, he worked with Cox Newspapers’ correspondent Rebecca Santana, and travelled with her to Grozny from 8 to 11 February 2004.
1417. By letter dated 13 May 2004, the Government reported that the alleged arrest of Mr. Soltakhanov in Mozdok on 13 February 2004 and his subjection to illegal treatment by the law enforcement authorities have not been confirmed. On 11 February 2004, after making statements at the Mozdok district procurator’s office, Mr. Soltakhanov and Ms. Santana returned to Mr. Soltakhanov’s home. Since 12 February, Mr. Soltakhanov has been living in Mozdok, with the exception of trips to Grozny and Belarus. During this time, the law enforcement authorities have not taken any action against him. He has not been subjected to harassment for accompanying Ms. Santana to Grozny from 8 to 12 February 2004.
1418. On 4 March 2004, the Special Rapporteur sent an urgent appeal concerning Saarbek Sultanovich Nasarov (see above). According to the allegations received, his lawyer has been prevented from meeting with him by the administration of the investigative prison of Grozny, Republic of Chechnya. He was told that S.S.Nasarov was moved to the Temporary Police Office (VOVD) of Oktyabrsky district, Grozny. However, it is reported that the VOVD was disbanded in March 2002. Therefore, fears have been expressed that S.S. Nasarov has been moved to an officially non-existent police office.
1419. On 2 April 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention with respect to allegations concerning:
1420. Petimat Gambulatova, and her three daughters, Luiza, Lisa and Salmatu Musaeva, and son Magomed Musaev. On 4 January 2004, they were arrested by Russian soldiers in Grozny and taken away in a military van. Her other son, Achmad Musaev, was arrested on 25 December 2003.
1421. Luiza Mutaeva, village of Assinovskaya. On 19 January 2004, she was taken away from her home by 20 Russian soldiers, all but six of whom were masked. They initially sought to detain all the male members of the fmily, but because the only males were a young boy and a disabled man, they demanded that Luiza Mutaeva and her younger sister go with them. The soldiers were persuaded to leave behind the younger sister. The cars they drove did not have licence plates.
1422. Milana Ozdoeva (cited in a previously transmitted communication; see above).
1423. By letter dated 30 June 2004, the Government reported that at about 1 p.m. on 25 December 2003, two unidentified armed and camouflaged individuals abducted Achmad Musaev from the “Stary poselok” bus stop in Grozny, and drove him away in an unknown direction in a VAZ-21099 motor vehicle with tinted glass windows and no licence plates. He was taken to the settlement of Khankala and then to another place. The Grozny Staropromyslovsky district procurator’s office on 9 January 2004 initiated a criminal case based on evidence of an offence under article 126, concerning abduction. Despite the investigation and search operations conducted in relation to the case, it has not been possible to identify the persons who abducted him or to determine his whereabouts. On 15 January 2004, in connection with the abduction of Petimat Gambulatova, and her three daughters, Luiza, Lisa and Salmatu Musaeva, and son Magomed Musaev (see above), the Grozny city procurator’s office initiated a criminal case based on evidence of an offence of abduction. During the preliminary investigation it was established that, on the night from 3 to 4 January 2004, unidentified armed, camouflaged and masked individuals broke into the apartment of the Musaevs in the Mayakovsky suburb of Grozny. They abducted them and took them away to an unknown destination. The abductors were speaking in Russian with a Chechen accent. A range of investigation and search operations have been conducted in connection with the abduction of the Musaev family, from which it has not been possible to identify the perpetrators of the abduction or to determine the whereabouts of the Musaevs. The involvement of military personnel of the federal forces and officers of the internal affairs bodies in the commission of these crimes has not been established. The preliminary investigation into both criminal cases is continuing. The investigation is being supervised by the Office of the Procurator of the Chechen Republic of the Russian Federation.
1424. On 14 April 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson of the Working Group on Enforced or Involuntary Disappearances, and the Special Rapporteur on the right to freedom of opinion and expression, regarding Rashid Borisovich Ozdoev, deputy procurator of the Republic of Ingushetia. According to the allegations received, he was stopped near a petrol station in Verkhnye Achaluki by three cars on 11 March 2004, after returning to Magas from Nalchik, Republic of Kabardino-Balkaria. One of the cars was identified as belonging to the Ingush Department of the FSS. Rashid Ozdoev was arrested, and his car was seen in an FSS car park in Magas. Rashid Ozdoev may have been taken to Vladikavkaz, Republic of North Ossetia, and later to the main headquarters of the Russian Federal Forces in the North Caucasus, in Khankala, Chechen Republic. A criminal case for abduction was opened on 15 March 2004. Rashid Ozdoev recently raised with the Ingush authorities, the General Procuracy and the head of the FSS of the Russian Federation his concerns about a number of unlawful actions reportedly committed by members of the FSS. He had received warnings that he would put his life in danger by reporting about these issues.
1425. By letter dated 30 June 2004 the Government reported that on 11 March 2004 Rashid Ozdoev was reported missing. Accordingly, on 14 March 2004 the procurator’s office of the Republic of Ingushetia initiated criminal proceedings concerning abduction, and an investigative team was set up to handle the case. The investigation found that on the morning of 11 March 2004, on the instructions of the Ingushetia procurator’s office, R.B. Ozdoev travelled to the town of Nalchik as a member of an Ingushetia government commission, and at around 5:10 p.m. on the same day returned to the town of Magas, where the members of the commission parted on the square in front of the government building. R.B. Ozdoev was not seen again. During the investigation, relatives of the victim as well as members of the commission who had travelled to Nalchik with R.B. Ozdoev were questioned, issues related to R.B. Ozdoev’s official duties were examined, and requests and instructions were addressed to the law enforcement agencies of the republic and neighbouring areas. Currently all necessary investigations and inquiries are being carried out in this case in order to establish the whereabouts of R.B. Ozdoev and the persons who carried out this abduction.
1426. On 4 May 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the right to freedom of opinion and expression, and the Special Representative of the Secretary-General on the situation of human rights defenders, regarding Stanislav Markelov. He is a human rights lawyer who has worked on behalf of victims of alleged human rights violations in Chechnya and is currently representing the family of Zelimkhan Murdalov, a Chechen student who reportedly disappeared and was allegedly tortured to death by a member of the Russian special police force, OMON, in Grozny. It is reported that he also represents a journalist who has allegedly received death threats for publishing an article in relation to the same torture case. According to the allegatio ns received, on 16 April 2004, he was travelling home on the Moscow metro when he was attacked by five men dressed in civilian clothing who surrounded him and shouted: “You got what you’re asking for. No more speeches from you in court” They hit him on the head with a heavy object causing him to loose consciousness. He regained consciousness a few hours later and discovered that his lawyers licence card, his passport and his entry card for the State Duma as well as various documents related to his cases had been stolen. Stanislav Markelov was taken to City Hospital No. 68 where he was diagnosed with a concussion. On 21 April he filed a complaint about the attack with the Moscow City Department of Internal Affairs. A criminal investigation has not yet been opened.
1427. On 22 July 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson of the Working Group on Enforced or Involuntary Disappearances, regarding Monnopzhon Rakhmatullayev, a 53-year-old Uzbek imam (cited in previously transmitted communications, E/CN.4/2003/68/Add.1, para. 1197, and E/CN.4/2004/56/Add.1, para. 1400). According to new allegations received, he was released in August or September 2003 and returned to his home in the town of Marx, after the Russian authorities refused to hand him over to Uzbekistan. On 21 July 2004, three masked men arrived at his house and hit him and his wife several times. He was pushed into a car. The assailants did not identify themselves and did not tell him or his wife where he was being taken. It is alleged that these three men are working on the instructions of the Uzbek authorities. On the same day, his lawyer made inquiries to the regional authorities, and was told that no recent extradition request had been received from the Uzbek authorities. His son-in-law, Rivazhiddin Rakhmonov, was reportedly detained in Russia in May 2003. The Russian authorities refused to hand him over to the Uzbek authorities and he was released in July 2003. On the same day he was reportedly abducted and taken to Uzbekistan. He was tried in Uzbekistan in January 2004. He was also accused of "religious extremism".
1428. By letter dated 6 October 2004, the Government reported that the Procurator- General’s Office took decisions on 2 July and 24 September 2003 not to surrender the men to the Uzbek law enforcement authorities. They were released from custody on 11 July and 25 September 2003. Subsequently, the internal affairs bodies and procurator’s office of Saratov oblast were informed of the abduction of Monnopzhon Rakhmatullayev by unknown persons and the unexplained disappearance of Rivazhiddin Rakhmonov. When it was learned that Rivazhiddin Rakhmonov had appeared in Uzbekistan, the Kirov district procurator’s office declined to open a criminal case for the lack of evidence of an offence. The Russian Federation Procurator-General’s Office is verifying the legality of that decision. Concerning Monnopzhon Rakhmatullayev, the Saratov oblast procurator’s office opened a criminal case on 21 September 2004 and an investigation is proceeding.
1429. On 7 September 2004, the Special Rapporteur sent a joint urgent appeal with the Special Representative of the Secretary-General on human rights defenders, regarding Fatima Gazieva, human rights defender and co-founder of the human rights organization Echo of War, and her husband, Ilyas Itaev, in Kalinovskaya, Naor, Chechnya. According to the allegations received, on 3 September 2004, they were arrested at their home in Kalinovskaya by Russian-speaking armed men and taken to an unknown location in military trucks. No explanation was given for the arrest. In April 2004, federal officers allegedly visited the village of Assinovskaya, where Fatima Gazieva previously lived, to ask about her activities and whereabouts.
1430. By letter dated 13 October 2004, the Government reported that they were brought by representatives of federal structures to the settlement of Khankala on 3 September 2004 to clarify any kinship relations with members of illegal armed formations. No unlawful actions were committed against them. On 4 September 2004, they were brought by helicopter to the village of Shchelkovskaya, from where they returned to the village of Kalinovskaya. They have no complaints against anyone in that regard. No violations of the law were found to have been committed.
1431. On 3 November 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, and the Special Rapporteur on the independence of judges and lawyers, regarding Oleg Evgenyevich Khoroshunin, a 19-year-old student, resident in Kiev, Ukraine, and a citizen of the Russian Federation. According to the allegations received, on 30 October 2004, he was arrested by the Essentuki (Stavropol region) local police when he went to the station to apply for an “internal passport”. He was beaten on his stomach and genitals. His family was denied access to him until 31 October. When she visited him, his mother reported that he was vomiting. No reasons have been given for his arrest and detention. He has been denied access to a lawyer.
Follow-up to previously transmitted communications
1432. By letter dated 20 January 2004, the Government provided information concerning military operations conducted in Sernovodsk and Assinovskaya (E/CN.4/2002/76/Add.1, paras. 1271-1273). The Government reported that as a result of complaints by the inhabitants of Sernovodsk and Assinovskaya that members of the Russian Federation’s federal forces exceeded their official powers, used force and unlawfully deprived persons of their liberty during special operations conducted between 2 and 4 July 2001 to seek out members of illegal armed formations, the Achkoy-Martan Inter-district Procurator’s Office opened two criminal cases on 8 July 2001. During the investigation it was established that, in accordance with military order No. 3/01846 of 1 July 2001 issued by the commander of the Unified Group of Forces, members of sub-units of the Russian Federation Federal Forces conducted special operations between 2 and 5 July 2001 to seek out members of illegal armed formations in Sernovodsk and Assinovskaya. Following the conclusion of these special operations the inhabitants of Assinovskaya and Sernovodsk submitted to the Chechen Republic’s law enforcement agencies 283 complaints of offences by members of the Russian Federation Federal Forces. With a view to the full and comprehensive investigation of the circumstances surrounding the detention of inhabitants of Sernovodsk and Assinovskaya and the identification and prosecution of the guilty officials, all the complaints submitted by citizens regarding unlawful acts by members of the Federal Forces were carefully examined, and, in a number of cases, formal decisions were taken. During the investigation into the Sernovodsk case it was established that a major and senior lieutenant, of the 46th rapid reaction special purpose detachment of the Ministry of Internal Affairs internal forces, were involved in the arrest of the missing persons A. Isigov and Z. Umkhanov. In that connection, the Procurator’s Office of the Chechen Republic instituted criminal proceedings against them on 14 April 2003. On 25 June 2003, following the necessary investigations and on the instructions of the Deputy Procurator General, the case was referred to the Military Procurator’s Office of the Unified Group of Forces for further investigation. The investigation into the case is still under way. Complaints concerning the unlawful deprivation of liberty and beating of A. Muzaev, M. Muzaev, A. Lulaev, S. Amagov, V. Madaev and M. Mazaev were also attached to the criminal case- files and were investigated. During the investigation A.R. Lulaev and S.A. Amagov stated that the information concerning their detention and beating given in their relatives’ complaints was not correct, since they had neither been taken to nor detained on internal affairs agencies’ premises and had suffered no bodily harm. Under the circumstances, the official in charge of the investigation decided that the proceedings for unlawful deprivation of liberty and bodily harm with respect to these two men should be abandoned, since no offence had been committed. The investigation of the unlawful acts committed against the Muzaev brothers, V. Madaev and M. Mazaev, is still under way. The persons Said and Soslan Bataev, M.U. Altamirov, LA. Eldiev, V.D. Susurkaev and A.M. Bataev referred to in the letter did not submit complaints concerning offences committed against them to the law enforcement agencies of the Achkoy-Martan district or the Procurator’s Office of the Chechen Republic. At the time of the special operation in Sernovodsk, V.D. Susurkaev was head of the Sernovodsk territorial unit of the militia. At the time in question, Said and Soslan Bataev and R. Yasakov were arrested by personnel from the Achkoy-Martan district temporary internal affairs office under the presidential decree of 2 November 1993 on measures to prevent vagrancy and begging since they had no identity documents. Following establishment of their identity, the supervising procurator decided to release them from police custody. None of the persons referred to in the letter sought medical assistance from the Achkoy-Martan and Sunzha district hospital. A.S. Muzaev, an employee of the Sunzha district internal affairs office, was killed in Sernovodsk at about 2 p.m. on 25 October 2003 following a shooting incident with members of a rebel gang. This gave rise to the opening by the Achkoy-Martan Inter-district Procurator’s Office on 25 October 2003 of a criminal case. It was not possible to establish the identity of A.K. Gubaev and Said Magomed Akhmedovich. According to the passport and visa service of the Achkoy-Martan district internal affairs office there was no record of these persons. In the course of the inquiry it was established that the violations of the law during the special operations became possible because of the failure of the persons in E/CN.4/2005/62/Add.1 page 316 charge of the operations to discharge their duties properly: the deputy commander of the main command of the temporary task force of the units and sub-units of the Ministry of Internal Affairs, the deputy commander of the temporary information centre serving the task force’s investigations team, and the head of operations for the mobile intelligence service of the Ministry of Justice’s department for the penal enforcement system in the Northern Caucasus. Criminal proceedings were instituted against the aforementioned persons, and on 21 February 2003 the Lenin district court in Rostov-on-Don found them guilty as charged and sentenced them. In view of the foregoing, it must be recognized that the law enforcement agencies of the Chechen Republic took the steps prescribed in the legislation relating to criminal procedure to investigate and elucidate the offences committed against the inhabitants of Assinovskaya and Sernovodsk.
1433. By letter dated 19 February 2004, the Government provided information concerning
Rafael Marsovich Fakhrutdinov (E/CN.4/2004/56/Add.1, para. 1380). The Government
reported that after he was discharged from the inter-oblast hospital (MOB) facility US-20/12
of the Central Penal Correction Department of the Ministry of Justice on 21 November 2003,
he was placed in Remand Centre No. 4 (SIZO-4) with a recommendation to continue his
treatment as an in-patient in the remand centre’s medical unit, regularly taking the prescribed
medication. On 26 December 2003, after a consultation with a cardiologist, he was sent back
for the treatment to MOB, where he is at present. No confirmation was found of the report
that Mr. Fakhrutdinov was forced by the administration of the remand centre to sign a
statement that he does not require medical assistance. While in Correctional Colony No. 12
and Remand Centre No. 4, there were no instances of the refusal of medical assistance to Mr.
Fakhrutdinov.
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This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.