|
Ukraine
1837. By letter dated 18 June 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur notified the Government that he had received allegations concerning Sergey Berdyugin, age 22. On 1 November 2003, he died as a result of the treatment he was subjected to in custody at the District Department for Internal Affairs of Leninsky district and the Investigatory Isolation Ward of Nikolaev City, as well as the Investigatory Isolation Ward of Odessa, and in Odessa City Hospital No. 11. He was severely beaten and denied medical assistance. A forensic examination reported that the causes of death were anaemia of organs, retroperitoneal haematoma, a ruptured liver, and blunt abdominal trauma. Criminal proceedings in relation to his death, initiated in November 2003, are reportedly still open.
1838. By letter dated 11 August 2004, the Special Rapporteur notified the Government that he had received allegations concerning Oleg Alekseyev, Nina Polskaya, Sergey Berdyugin, Andrey Yakovenko, Bogdan Zinchenko, Alexander Gerasimov, Evgeny Semenov, Anatoly Plevo, Ilya Romanov, Alexander Smirnov, and Igor Danilov (cited in a previously transmitted communication).
1839. By letter dated 29 October 2004, the Government informed that Mr. Semenov, was released from custody on 19 July 2004 pursuant to a decision of the Odessa oblast court of appeal. On 19 July 2004, the Odessa oblast court of appeal sentenced the persons to various terms of deprivation of liberty on counts of murder, banditry, robbery, attempts on the lives of law enforcement officers, illicit trafficking in weapons, ammunition and explosives, and other serious offences. The sentence has not entered into force, since many have appealed their sentences to the court of cassation of the Supreme Court. The information concerning violations of the law committed by law enforcement officers was repeatedly verified by the procuratorial staff of Nikolaev, Odessa and Kherson oblasts and by the staff of the Office of the Procurator General of Ukraine, who made on-site inspections. On 25 September 2004, they were examined by doctors of the medical unit of the remand service, who found their health to be satisfactory. The aforementioned persons did not make any complaints about their health or medical care. With regard to the circumstances of Mr. Berdyugin’s death on 1 November 2003 in Odessa municipal hospital No. 1, in order to prevent his escape as he was being escorted to the hospital, in accordance with Ukrainian law, special means - handcuffs - were used to restrain Mr. Berdyugin. During the operation and the post-operative period, Mr. Berdyugin was not handcuffed. However, bearing in mind the seriousness of Mr. Berdyugin’s offences and information concerning a possible attack on the convoy with a view to freeing Mr. Berdyugin, the head of Odessa remand centre No. 21, in violation of article 18 of the Pre- Trial Detention Act, gave orders to handcuff Mr. Berdyugin to his hospital bed. Five employees of the Odessa remand centre, including the head of that institution, and two employees of the State penal enforcement department in Odessa oblast were subjected to disciplinary measures for the unlawful handcuffing of Mr. Berdyugin during his treatment as an inpatient in the municipal hospital. There were no traces of physical injuries on the corpse. The conclusion of the forensic medical expert (report No. 2697 of 3 November 2003) on the connection between Mr. Berdyugin’s death and a blunt injury to the stomach was not confirmed, since there were no external traces of injury, and there is no forensic medical information concerning the possible rupture of the liver from the effect of another person’s hand. The Malinovsky district procurator’s office of the city of Odessa denied the institution of criminal proceedings against the doctors of Odessa municipal hospital No. 1 in connection with Mr. Berdyugin’s death on the grounds of lack of evidence that they had committed a crime. In view of the fact that the doctors of the medical unit of the Odessa remand centre did not make the correct diagnosis, criminal proceedings were instituted on the grounds that the medical staff of that institution had not properly performed their professional duties, which led to the death of Mr. Berdyugin. In order to clarify all the circums tances of Mr. Berdyugin’s death, a forensic medical examination was ordered; the examination established that the doctors of Odessa remand centre No. 21 had not correctly diagnosed Mr. Berdyugin’s illness because they lacked the necessary diagnostic equipment and laboratories and also did not have the members of the militia who were involved in the arrest, preliminary investigation, criminal prosecution and detention of the aforementioned persons were questioned. They all categorically denied any unlawful treatment of the aforementioned accused persons. Beslan Kutarba and Revaz Keshikashvili, who were also questioned during the investigation, did not confirm that they had been subjected to unlawful treatment by members of the militia. At the same time, detention conditions at the holding facility of the internal affairs department of currently do not conform to requirements, including the requirements established by the European Committee for the Prevention of Torture. The holding facility in question is always overcrowded (on average, over 200 persons are held in a facility intended for 82 persons), and ventilation, lighting and other conditions do not fully meet the relevant requirements. The Ministry of Internal Affairs has decided to build a new holding facility. Although resources have been allocated and cost estimates have been prepared, the construction of the facility has been hampered by insufficient funding. Thus, the allegations concerning the beating of Beslan Kutarba and Revaz Keshikashvili by members of the militia during their detention, and the allegation that they were forced to confess to undisclosed crimes, that they were subjected to pressure during questioning and that they did not receive medical assistance, was not corroborated.
Urgent appeals
1840. On 18 June 2004, the Special Rapporteur sent an urgent appeal, regarding Oleg Alekseyev, aged 24; Igor Danilov, aged 36; Alexander Gerasimov, aged 25; Anatoly Plevo, aged 33; Nina Polskaya, aged 18 (f); Ilya Romanov, aged 36; Evgeny Semenov, aged 31; Alexander Smirnov, aged 22; Andrey Yakovenko, aged 35 and Bodgan Zinchenko, aged 21. According to the allegations received, they were all arrested in December 2002 in Nikolaev and Odessa and accused of participation in a terrorist group created to overthrow the constitutional system by violent means. Following their arrests, they were taken to different locations, including the District Department for Internal Affairs of Leninsky district, and the Investigatory Isolation Ward of Nikolaev City, as well as the Investigatory Isolation Ward of Odessa, and the Departments of the Security Services of Odessa and Nikolaev regions. They were beaten and subjected to other forms of ill-treatment during the investigation and trial procedures. Some of them were initially denied medical assistance despite their injuries, which included fractured ribs. The case of the above-named individuals is presently before the Court of Appeal of Odessa. A sentence is expected to be announced on 2 July 2004. Seven of the accused have initiated a hunger-strike to protest against the use of testimonies obtained through torture, and they are said to be in poor condition.
1841. By letter dated 5 July 2004, the Government informed that the defendants were charged with intentional homicide, banditry, assault with intent to rob, attempted murder of law enforcement agents, illegal use of weapons, ammunition and explosives and other serious offences. All of the prisoners, with the exception of Nina Polskaya, are being held at Odessa Remand Centre No. 21. In accordance with the law on pre-trial detention, they are held in appropriate conditions and receive the necessary medical assistance. During their conversations, they did not complain about their health, the use of physical force, or conditions in the Odessa Remand Centre. Moreover, they were all examined by physicians from medical institutions of the Odessa oblast health administration and were found to be in generally good health. At the same time, some of them stated that certain internal affairs and security service agents had used physical force against them. In fact, when they were arrested on 13 December 2002, Oleg Alekseyev, Igor Danilov, Sergey Berdyugin and Nina Polskaya put up armed resistance, as a result of which two law enforcement agents received gunshot wounds. In this situation, hand-to-hand combat methods were legitimately used against them, which resulted in physical injuries. According to the records of the medical examination conducted on 14 December 2002, the physical injuries were minor. Earlier, their complaints concerning physical injuries were investigated in accordance with the provisions of article 97 of the Code of Criminal Procedure, by the procuratorial bodies of Nikolaev, Odessa and Kherson oblasts. The initiation of criminal proceedings against members of the militia and security service agents was denied on the grounds of lack of evidence that a crime had been committed. The Office of the Procurator-General of Ukraine sees no reason to overturn this decision. In September and October 2003, Sergey Berdyugin complained of stomach pains to the medical staff of remand centre No. 21 and received outpatient treatment. On 10 October 2003, he was transferred to the prison’s hospital Ward. When his health worsened, he was taken by ambulance on 15 October 2003 to the Odessa municipal hospital where, after undergoing two operations, he died on 1 November 2003. According to the findings of the forensic medical examination No. 409, which was conducted on 21 November 2003, Sergey Berdyugin died of a malignant tumor, with multiple metastases to the liver and diaphragm and areas of decay. There were no traces of physical injuries on the corpse. From 28 May 2004 to 16 June 2004, Alexander Gerasimov, Bogdan Zinchenko, Evgeny Semenov, Igor Danilov, Ilya Romanov, Alexander Smirnov and Andrey Yakovenko refused to eat, stating that they were fasting because the court permitted violations of their procedural right. At present, they are all eating and their health is satisfactory; they have not complained to the prison administration about detention conditions. The criminal case is currently before the Odessa oblast court of appeal. When the case comes to trial, the aforementioned questions will be considered.
1842. On 18 October 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to health, regarding Beslan Kutarba, aged 33, and Revaz Kishikashvili, aged 54. According to the allegations received, on 30 and 31 August 2004, Beslan Kutarba and Revaz Kishikashvili were detained, respectively, by police officers from the Nakhimovsky police station in Sevastopol on suspicion of petty theft and breaking and entering. They were beaten in custody, and confessed. It is alleged that police are forcing them to confess to a number of unsolved crimes. They are currently in the temporary detention facility in Sevastopol. The two men are in very poor health. Beslan Kutarba, who has Hepatitis C, had bruising and swellings and fresh injection marks on his arm, according to his lawyer’s last visit. It is alleged that because he is a drug user, the investigators may be using access to drugs as a way to exert pressure on him during interrogations. Revaz Kishikashvili’s lawyer reported that his client showed signs of having been beaten, and contracted a skin disease while in detention. He suffers the effects of a previous head injury, as well as a chronic kidney complaint. No medical examinations have been carried out on either of the men, and neither has received any medical treatment. Their lawyers and families have had limited access to them.
1843. By letter dated 18 November 2004, the Government informed that on 30 August
2004, the investigative department of the Nakhimov district unit of the Internal Affairs
Department of the Ministry of Internal Affairs in Sevastopol instituted criminal proceedings in
relation to thefts. After their arrest, they were held at the Nakhimov district unit, in the
temporary holding facility of the internal affairs department; they were repeatedly taken from
the facility in connection with the investigation being conducted in Sevastopol and the
Autonomous Republic of Crimea. As at 3 November 2004, they are still held there. When
they were placed in the facility, Beslan Kutarba and Revaz Keshikashvili underwent medical
examinations, at which time they made an entry, in their own handwriting, in the relevant
register that they had no complaints about their health. On 12 October 2004, during a routine
medical examination, the staff of the holding facility discovered minor wounds on Beslan
Kutarba’s face. When he was questioned, he explained that he had injured himself during a
fall as a result of his own carelessness, and that he had no grievances against his cell mates or
the militia. At the same time, an investigation revealed that, during a fight, a fellow prisoner
inflicted slight bodily injuries in the form of scratches and bruises on Beslan Kutarba, without impairing his health. On these grounds, a decision was taken to deny the institution of
criminal proceedings for lack of evidence that a crime has been committed. In order to prevent
the recurrence of such incidents, Beslan Kutarba was transferred to another cell and was given
the necessary medical treatment. Revaz Keshikashvili also requested medical assistance:
during his detention at the holding facility, from 13 to 16 and 19 October 2004, members of
the militia repeatedly called in an emergency medical team, at his request. After examining
Revaz Keshikashvili, the doctors made the diagnosis: “intercostal neuralgia
(osteochondrosis); no hospitalization required”. During the investigation, the members of the
militia who were involved in the arrest, preliminary investigation, criminal prosecution and
detention of the aforementioned persons were questioned. They all categorically denied any
unlawful treatment of the aforementioned accused persons. Beslan Kutarba and Revaz
Keshikashvili, who were also questioned during the investigation, did not confirm that they
had been subjected to unlawful treatment by members of the militia. At the same time,
detention conditions at the holding facility of the internal affairs department of currently do
not conform to requirements, including the requirements established by the European
Committee for the Prevention of Torture. The holding facility in question is always
overcrowded (on average, over 200 persons are held in a facility intended for 82 persons), and
ventilation, lighting and other conditions do not fully meet the relevant requirements. The
Ministry of Internal Affairs has decided to build a new holding facility. Although resources
have been allocated and cost estimates have been prepared, the construction of the facility has
been hampered by insufficient funding. Thus, the allegations concerning the beating of Beslan
Kutarba and Revaz Keshikashvili by members of the militia during their detention, and the
allegation that they were forced to confess to undisclosed crimes, that they were subjected to
pressure during questioning and that they did not receive medical assistance, was not
corroborated.
Back to Contents
Uganda
United Arab Emirates
This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.