Case RUS 28.02.08
Arbitrary detention/ Medical concern/ Incommunicado detention/ Fear for safety

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the Russian Federation.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source about the lack of adequate medical care and incommunicado detention of Mr. Vasily Aleksanyan, currently detained in the hospital #60 (located in Moscow).

Mr. Vasily Aleksanyan, former top executive at Yukos (former oil company), was reportedly arrested and detained in April 2006 on alleged fabricated charges of embezzlement and money laundering and remanded to prison at “Matrosskaya Tishina” prison (in Moscow). He has reportedly developed severe medical conditions (a tumor of the liver, lymph nodes, convulsions and persistent fever) while in detention but although his lawyers (several) reportedly repeatedly requested for his transfer to a civil hospital, the judge rejected the appeal on the ground that it did not have sufficient grounds to believe he was sick (correct. Was there no medical examination report?). Mr. Vasily Aleksanayan was eventually transferred to hospital #60 on 8 February 2008 (only due to huge campaign developed in his support all over Russia) but without notice to his lawyer or his family. These latters found him after visiting several hospitals.

According to the information received, Mr. Vasily Aleksanyan is reportedly not being appropriately medically treated for his tumour. Moreover, he would be under tight surveillance, not allowed to go outside. He had been also chained to the bed until several members of the Public Chamber visited him. They confirmed that Aleksanyan had been chained to the bed by his arm with one-meter chain. They also claimed that there had been several handcuffs on the chain which would make it possible to chain Aleksanayn with other parts of the body. According to Nikolay Svanidze, a member of the Public Chamber, a special commission on Aleksanyan’s conditions in pre-trial detention has started its inquiry.

The electronic light in the ward is reportedly never on as the ward is under video surveillance and the guards are always present. Furthermore, his relatives are not allowed to see him. According to Drew Holliner, his British lawyer, guards change their shifts at night which is a very noisy procedure. Thus, Aleksanyan has up to three hours of sleep. His lawyers also disseminated Aleksanyan’s appeal in which he states, “I am not allowed to take a shower. Doctors are regularly making spinal punctures, injections and trepanobiosy whereas guards do not let me take a shower before these medical procedures. Since February 8 I have had three showers only. Doctors tell that I have to take daily shower”.

The authorities have reportedly further extended his pre-trial detention until March 2008.Can you kindly confirm that he is being in pre-trial detention since 2006? Yes. The court procedures have been temporarily stopped because of his health conditions. But it has become possible only thanks to the developed public campaign.

The international Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Vasily Aleksanyan, in particular with the reported lack of appropriate medical treatment and incommunicado detention. OMCT is further concerned with regard to his arrest and detention at is seems to be politically motivated.

Action requested

Please write to the authorities in Russia urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Vasily Aleksanyan and guarantee any medical treatment he may require due to his health condition;
2. Guarantee unconditional access to his lawyer and family;
3. Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
4. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Dmitry Anatolyevich Medvedev, President of the Russian Federation, Kremlin, Moscow, Russia, Faxes:+ 7 095 206 5173 / 230 2408, Email: president@gov.ru;
• Prosecutor General of the Russian Federation, Vladimir Ustinov, 103793 g. Moskva K-31, Ul. B. Dimitrovka, d 15a, Russian Federation, Fax: + 7 095 292 88 48;
• Chairwoman of the Presidential Human Rights Commission of the Russian Federation, Ella Pamfilova, 103132 g. Moskva, Staraya ploshchad, d 8/5,pod 3, Russian Federation, Fax:+70952064855;
• Vladimir Lukin, Russian Federal Ombudsman for Human Rights, Fax: +7 495 207-53-37;
• Minister of Internal Affairs, Rashid Nurgaliev, ul. Zhitnaya, 16, 117049 Moscow, Russian Federation, Telegram: Rossiia, 117049, Moskva, Fax: + 7 095 237 49 25;
• Minister of Foreign Affairs, Sergey Lavrov, Smolenskaya-Sennaya pl, 32/34, 121200 Moscow, Russian Federation, Telegram:  Fax:+ 7 095 244 2203;
• Permanent Mission of the Russian Federation to the United Nations in Geneva Av. de la Paix 15, CH-1211, Geneva 20, Switzerland, e-mail : mission.russian@ties.itu.int, fax: +4122 734 40 44;
• Embassy of the Russian Federation in Brussels, 31-33 boulevard du Régent, 1000 Brussels, Belgium, Fax: + 32 2 513 76 49.

Please also write to the diplomatic representations of Russia in your respective countries.

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Geneva, 28 February 2008

Kindly inform OMCT of any action undertaken quoting the code number of this appeal in your reply.