Information and Analytical Center of Nizhny Novgorod Society for Human Rights

SECTION 5

THE STATUS OF MOST VULNERABLE GROUPS AND VIOLATION OF THEIR RIGHTS

A) THE STATUS OF NATIONAL MINORITIES

The Nizhniy Novgorod region refers to regions with absolute majority of Russian population and is characterized by the tolerant relation to national minorities. Russian population forms 94,7% of all inhabitants of the region. Other population has a motley national composition: 28 national communities are registered.

The displays of intolerance to minority carry household character and are connected with occurring vicious stereotypes and traditions, basically it concerns displays of anti-Semitism.

At the same time right protective practice of the state also contains elements of intolerance to "foreigners". For example, basic impulsive causes of limitation of the right to freedom of election the place of living are connected with such intolerance. Besides that there is a regulated order of special control from the side of law enforcement bodies for "the persons of the Caucasian nationalities", and also for comers from the countries of Asia.

B) THE STATE OF WOMEN RIGHTS AND DISCRIMINATION TO THE SEXUAL SIGN

The facts of discrimination and gross violations of women rights by state bodies are not fixed. High percent of unemployment among women evokes a serious worry.

It is necessary to consider unequal pension age established by the state for the men, which now exceeds average age of death rate as discrimination to the sexual sign.

C) THE STATUS OF CHILDREN AND VIOLATION OF THEIR RIGHTS

The involving the adolescents into felonious activity is the most difficult problem. The reasons are in general aggravation of economic situation, and in the contravention between existing system of criminal justice and priorities of prevention and principles of justice (including institute of reconciliation).

The relation of law enforcement bodies to minor offences committed by adolescents is indicative.

The inhabitant of Dzerzhinsk Dmitriy S., 15 years old, is convicted according Item 161 Part.1 of Criminal Code of Russian Federation for 1 year conditionally. Walking about Nizhni Novgorod, he took off a watch from an unfamiliar schoolboy in front of his friends. He admitted the offence, did not hide the location. The family of the sufferer refused to send an application to militia. The parents of the offender at once, up to court, compensated material and moral damage to the sufferer.

"Despite of it, soon, on June 4, 1998, the militia, not notified the parents and not showed appropriate documents, took Dmitriy S. to Nizhni Novgorod from the flat in Dzerzhinsk, where he was at this moment.

He was not allowed to ring up his parents. His mother, on her returning home, found the flat open. The son was absent, and there was a message with a telephone number from her son on the table. The interrogation was conducted with violations of statutory procedures, without presence of the parents and lawyer.

The supervisor from the Commission on Juvenile Affairs (CJA) gave the instruction to let all the teachers know about this happened fact and look after the boy to the technical college, where the boy studied. In result Dmitriy refused to visit the college".[1]

According to the information of Department of Internal Affairs of Dzerzhinsk, total of crimes accomplished by the minors (from 8 till 18 years old) increased in 1998 in comparison with the last year for 29% (from 410 up to 529 crimes). Participation of the adolescents in robberies increased for 29,2% and in thefts it increased for 17%.

Half of crimes are accomplished by the adolescents in a state of alcoholic drunkenness, 66% of crimes were group (that is more than last year for 26,7%), including an amount of crimes with participation of adults increased for 52%.

The tendency of lowering of age of adolescents committing crime evokes worry. So, in Dzerzhinsk an amount of crimes committed by pupils of schools increased for 70%.

In opinion of supervisors increased number of schoolboys involved into administrative and criminal responsibility is connected to their lack of control. For example, only one-third of infant adolescents registered at the inspection is from problem families.

An amount of materials connected with engaging parents to the administrative responsibility for absence of owing attention to education of children increased. The Commission on Juvenile Affairs makes orders as warnings, penalty or public censure.

According to the assessments of right protective organizations,[2] the public censure brings faster negative result, as environmental persons do, first of teachers and schoolboys, hang a shortcut of the criminal on the child. It gives a deep psychological trauma to the adolescent, and it usually results in further predisposition to crimes.

Frequently measures accepted by a commission to children from problem families are not effective. As a rule, children from such families are made accountable not only once. In 1998 cases for setting questions on forfeiting parental rights came to court twice more than in 1997.

Such situations, as a rule, require public interposition but families do not get any help. At the same time, the situations when it is impossible to help children from unsuccessful families are typical. For example: "...P made home-brew, stole products of feed with her children. When they were absolutely hungry, they ate dogs. After P was forfeited of parental rights her children were sent to boarding schools, from which they ran away home at once, where they live with their mother up to date".[3]

According to assessments of inspections there are some reasons, on which an amount neglected adolescents constantly increases. It is the absence of organized leisure (especially for boys), and inadequate attention from the side of parents and educational organizations.

Some specialized measures were acted with the purposes of warning of homelessness and organizing of employment of adolescents by law enforcement bodies in 1998. The operation "homelessness" was acted two times.

There are no revealed cases of brutal treatment with the pupils of children's houses, schools - boarding schools, Center of temporary interment of the infant adolescents.[4]

D) THE STATUS OF EX-PRISONERS

The absence of programs on resocializing of released from detention facilities makes them extremely unprotected. Without necessary support and state help released persons are doomed on relapses of offences. In 1998 neither on federal, nor at regional levels decisions improving the provision released were made.

A practice of violation of rights and legitimate interests of the ex-prisoners remains a problem. For example, the number of cases, when released from a conclusion does not receive sufficient remedies for returning to the habitation increase.

Difficult provision of this contingent is connected with difficulties in searching work, housing, and absence of support from the side of the cognates and close persons. In the Nizhniy Novgorod region problem of granting social housing for released, which they lose it at condemnation is not being settled. Guarantees of returning or compensation of housing for convicted, rehabilitated legislatively are not determined as a result of confession of the judicial error. In a counterbalance to legal guarantees, the obligations of the state in this case admit as social.

At accomplishment of the control from the side of law enforcement bodies the ex-prisoners are exposed to illegal limitations of their rights and degrading. So Regional Department for Internal Affairs of Avtozavodskiy area refused to register S. Kuznetsov at a place of staying, and district militia officer made a note in the passport, that if Kuznetsov is not registered he "will be sent there, where he came from". Only due to the interposition of Human Rights Society of Nizhniy Novgorod and the deputy of Legislative Assembly O. Baranova he was registered at the place of temporary staying - at the Center of social rehabilitation for the period of three months.[5]

The rights of the citizens who come back from places of forfeiting in the way of conditional parole are illegally violated. After the punishment according to criminal law V.N. Kalinin addressed to the chief of a passport beurough of Sovetskiy area. For registration at the place of living he was ordered "to be registered at the Regional Department for Internal Affairs of Sovetskiy area (at the department of safety, inquest, inspection of correctional labor etc.). The information on absence of a tuberculosis and AIDS were demanded also.[6]

Closed regime of the territory of Sarov limits returning after punishment of the inhabitants of this city to the place of permanent residence. In result convicted forfeit support of the cognates. According to the petition of E.I. Medvedeva,[7] her son, G.N. Medvedev after punishment "is not allowed to get home, where he was born, grown and lived till 19". He is ill with tuberculosis, requires constant treatment, and without the necessary help of the parents actually doomed "We have no cognates in Russia". Federal Service of Safety explained its refusal with limitations stipulated by the federal Act "About closed administrative and territorial formation".

E) THE STATE OF REPRESENTATIVES OF SEXUAL MINORITIES

According to the information granted by activists of sexual minority in the Nizhniy Novgorod region,[8] facts of prosecution, violations of social, political and other rights to the signs of sexual orientation in 1998 were not fixed.

There is a problem in lack of experts: psychologists, sociologists, doctors, which are ready at the humanist approach, that is without attempts to cure to help the people with nonconventional sexual orientation in decision of their problems. According to interrogations of people visiting a closed discotheque, there are "fears to show sexual orientation at any other discotheques and in ordinary life".

The ignorance of elementary real laws on ensuring the rights of minority and protection against discrimination initials making illegal decisions.

It is possible to consider the Order of administration of the Nizhniy Novgorod region from July 16, 1996 N203 About strengthening of measures on warning of distribution of an HIV-INFECTION (AIDS) in the Nizhniy Novgorod region as unprecedented. The order contains the roughest discrimination provision about enforced inspection on AIDS, which in practice limits the rights of the citizens to dignity and inviolability of person.

A free definition of the persons, which are subject to enforced inspection on suspicion in belonging to group of hazard, is applied that predetermines any discrimination in the Order. At the discretion of law enforcement bodies the definition of "suspects" (including with use of operational search methods) on relation to "the persons with disorderly sexual connections, drug addicts" is surrendered.

F) THE STATE OF REPRESENTATIVES OF NONTRADITIONAL CULTURAL COMMUNITIES

There is a single-crop community with tolerant views on culture and traditions of the representatives of nontraditional cultural communities in the Nizhniy Novgorod region. In the Nizhniy Novgorod area, for example, the area of compact residence of the tatar population Krasnooktyabrskiy area is allocated. Right protective organization did not get petitions to oppressions, limitation in cultural development from inhabitants of the area. In the area local self-government acts reflecting interests and national cultural features and searches of inhabitants of the area.

G) THE STATE OF PRISONERS

In the Nizhniy Novgorod region 20 corrective establishments act, in which about 28 thousand convicted and persons are contained on remand (not considering Isolators of the temporary contents). During 1998 25,5 thousand people were convicted on criminal cases, 36,4% of them were convicted to deprivation of liberty.[9] The number of the inmates increased for 600 men (for 5%), that considerably made their contents difficult. In the Nizhniy Novgorod region for each 100 thousand inhabitants are 731 inmates, that exceeds all Russian parameters for 7%.[10]

The problem of ensuring of owing standards of contents, general for all penitentiary establishments of Russia, stands in investigator isolator of the region.

From the letter of 42 persons on remand contained in Chamber 8/59: "Conditions of contents in the chamber intolerable - an amount of the people exceeds an amount of sleeping places in several times". "The Administration gives 15 or 20 minutes on bathing at sauna, when there are 60 men or more in one chamber". "Medical gifts, which are so necessary, are forbidden by the administration. Frequently in the chamber there is neither water nor electricity".[11]

Violations of conditions of the contents, brutal treatment characterize a status with ensuring of human rights in the places of confinement as regular and mass violations of many rights. Basic violations are:

The Program of help on treatment of a tuberculosis on a technique DOTS[13] became the positive moment in 1998, that resulted in significant lowering of death rate from a tuberculosis (in ITU-10 in five times).

In the places of confinement (in investigatory isolators), in penal and discipline isolators, in premises of a chamber type the chambers with dangerous to health by sanitary - technical conditions are widely used. The conditions of the contents in these premises in the majority of parameters do not correspond to the established standards.[14] In chambers there are concrete floor and walls, closed by boards windows, frequently ventilation and heating are absent (in result in summer convicted suffer from heat, and in winter from colds), there is no minimally necessary equipment, furniture and sleeping accessories. There are rare walks in closed from different sides ferro-concrete or stone courtyards for an hour.

With the introduction in action by Federal Act "About custody of criminal offences, suspected and charged of committing," since January 1, 1998 of new standards of the contents, the difference between real conditions and legislative standards has more increased. It is characteristic that new standards were not provided with financing and lowering of number of the inmates who are kept in custody.

Accepted January 8, 1997 criminal executive code of Russian Federation actually cancelled authorities of bodies of public control in the places of confinement. At the same time there is no real prospect of adoption of the federal act about public control in the places of confinement, which, according to the Code, should regulate such activity. Absence of possibilities for control at public organizations in the combination with obvious unwillingness of administration to have such control, considerably worsened the situation with legal protection of convicted and charities.

The practice of excessive abuse by limitation of freedom during inquest did not change, and also rendition of severe verdicts on criminal offences. The excessively wide application of deprivation of liberty as the measure to secure the appearance and punishment is the basic reason of overflow of the places of confinement and absence of acceptable conditions of the contents.

Poor feeding, brutal treatment, absence of efficient medical aid defines a high rate of sickness and death rate at places of confinement. So, in the Nizhniy Novgorod region the rate of sickness of tuberculosis exceeds an average level in 89 times.[15]

The improper punishment for discipline violations is widely widespread. In particular, convicted, which do not executing improper demands of administration (for example - for the refusal from wearing of a bandage by an attendant) is exposed to punishment. Many petitions on improper and unjustifiable regime limitations, which in conditions of captivity bring excessive sufferings and become a source of the conflicts with administration. So, for example, according to an application of convicted, the time of usage a toilet (petition is from a colony UZ-62/1), using of personal things (petition from a colony UZ-62/12) is limited, it is forbidden to sit on beds in a squad (petition from a colony UZ-62/1) etc.

The rate of unemployment in colonies of the Nizhniy Novgorod region remains high. In 1998 the number of not working convicted totaled more than a half. At the same time, due to measures attempted by administration, in 1998 it was possible to increase employment of prisoners for 7,2%.[16] There is a problem of low wages of prisoners.[17] Convicted, which receive pension and invalid disbursements, are limited in their using because of the absence of real remedies.

Because of impossibility to provide acceptable treatment, in the places of confinement the provision of ill people and invalids is hard. The special alarm is called with provision of AIDS ill people; additional limitations are applied to them. Adolescents[18] suffer more than others do, which are contained at investigation isolator wards in constrained conditions, as colonies refuse to accept ill without guarantees of their interments. In real conditions of prison mode in UZ-62/5 60 convicted are contained, which are AIDS ill.

Conditions of contents at isolators of temporary contents (ITC), which are not corresponded to standards statutory "About custody of crimes, suspected and charged of committing," from July 15, 1995. Standards of limitation of crowding are exceeded not less, than twice. In the majority of ITC a single feed is provided and as a rule it is provided, at the expense of transfers and at the expense of local administration. Prisoners do not get fixed dry set of feeding and parcels of cognates are the only source of feeding.

All chambers of ITC, as well as investigation isolator wards, do not respond normative demands. The chambers are badly lightened: dense lattices (boards) close the windows, the lamps of illumination are fixed into walls. The ventilation either is absent, or does not work. Therefore at overcrowded contents the air is stuffy, humidity is raised. Bedclothes, and in many cases mattresses, utensils, the subjects of personal hygiene and first necessity are not issued. In chambers ITC there are no stipulated by standards sinks, sanitary sites, tables etc. As a rule, persons contained at ITC are dispossessed of walks, elementary possibilities for observance of personal hygiene.[19]

Staged transits of convicted is connected with hard conditions of carriage. The inmates are contained overcrowdly, in dark premises, do not have feeding, and are exposed to rough references (in particular, the order of exemption of medicines, necessary for the inmate is normatively fixed,). The order and conditions of staged transits (especially during inquest and trial) leave the person without sleeping and normal feeding and fall to the definition of "torture".

In 1998 in colonies they again began to use a squad of special purpose (SSP). Earlier the practice of "preventive" using of SSP was widely applied during 1992-1994, it was accompanied with mass beatings of inmates and it was ceased in the result of interposition of public. In 1998 the Human Rights Commission received petitions on illegal using SSP in ITU-5. "O October 1, 1998 in penal isolator SSP was entered. Their faces were closed with black masks. They expelled everybody from the chamber, accompanying impacts on hands and legs. As at this moment I did not have an acoustical apparatus on me, I did not hear their command, and when I tried to explain it, they began beating me on the ears. ...They wanted me to write a note that I do not have any petitions to health. After I answered with a refusal, SSP soldiers began beating persons, which are contented at the same chamber, they wrote that "will break all the chamber, while you will not write a note".[20] "The Local administration pointed out the prisoners that should be beaten to the soldier with a finger, and the people were beaten, they beat through the Bible not to leave traces of assault".[21] "...Into premises of penal isolators a platoon of special purpose was entered by the administration of Colony UZ-62/5 without an approbation of the procurator and without any bases... The people were put on knees, and those people, who refused to do it were atrociously beaten. The convicted were refused in medical aid...".[22] Let's notice, that practice of written refusal from all claims or written approval to obey all demands of the administration[23] is immoral. Formally, such receipts have no judicial significance, however for prosecutor's checking they are a basis for refusal in interposition.

It is necessary to note that during last year the situation with directing convicted to places of confinement not too expelled from a house was improved. But at the decision of such questions the priority belongs to an operational service. Among positive moments it is possible to note lowering of convicted' petitions on beating and the absence of cases of mass beatings in 1998.

The objective factor that negatively influences the provision of persons on remand and detained in administrative order, are the remoteness investigation isolator wards from places of committing of justice and residence of the cognates. It slows down the work of tribunals (because of expenses for staged transits) and directly influences on overcrowding of regional investigation isolator wards, and also limits the right to lawful connection with the cognates and protection.

The system of criminal justice requires urgent adoption of measures connected with ensuring of normal conditions of the contents. Comprising the possibility with standards of contents, two ways are possible to allocate: maximal limitation and reduction kept in custody and decentralization of investigation isolator wards.

H) THE STATE OF SERVICEMEN ENLISHED FOR A FIXED PERIOD

Enforced sending of drafters to the military commissariats and the army

In 1998 380 men addressed to regional Committee of soldiers' mothers of Nizhniy Novgorod on invoking into army. 235 men of them addressed on questions on diseases. Basic amount of the references is connected with diseases which are not compatible to military service, such as an ulcer, defect of heart, illness of kidneys, asthmatics, hypertensive disease and ò. ä. Not trusting recruits' certificate, regional military commissariats (RMC) send recruits for additional inspection to those medical establishments, with which RMC have arrangements, or to the experts, conclusions of which medical commissions of RMC trust. As a rule, the commissions do not reconfirm diagnosis, an "underestimated" diagnosis is staked, with which the recruit is subject to the invoking. Thus parents complain on loutishness and roughness of the workers of RMC and medical establishments. The petitions to racket of bribes from medical workers often come, to which RMC send to: The confirmation of the diagnosis "ulcer", if it is, costs 12 thousand roubles, and if it is not present it costs from 15 up to 20 thousand roubles.

" The Invoking at any cost "is a motto of the majority of RMC. So, Moscovskiy RMC of Nizhniy Novgorod refused to remove Mr. Mishelov from an account in connection with his moving to old grandmother to the Moscow region, giving reasons that at first it is necessary to serve in army. Thus Item 1of Ch. 27 of Constitution of RF is violated.

In a situation of the invoking RMC press on high schools, so that, providing the invoking in time to force the students prescheduled to pass examinations. In this case rectors obey and execute demands of RMC even if a student, to the detriment of studying, offsets and examinations, is called to medical commissions.[24] For faster taking into army, a student is lost of practice deprive, which is obligatory for educational process. If it is not enough yet, they make a student come to recruiting organizations up to July 15 or 20. These dates are not in the documents, as a rule.

There is a practice of informal invitations to RMC: telephone calls, with threat of large penalties in case of the default of appearance. The majority of recruits, not knowing their rights and the order of delivery of the service of summons and realizing their powerlessness, obey.

According to the experience of public receptions, at the invoking there are typical situations of violations of the rights of recruits. "...They probably forget about a part of recruits, and on days of filling in recruiting organizations they send soldiers of Moscow Special Police Units for them. Sometimes, to enter a flat, where a recruit is found, they break a door and make him go to a recruiting organization. On objections, that he did not pass medical inspection, that he has problems with health or that there are family problems or problems connected with studying, he is answered: "They will find out there!" Sometimes they really find out and return home, but more often they send, considering nothing".[25]

In some cases at the reference to right protective organizations for right protection of recruits, the workers of RMC show recalcitrance or public offences.

Judicial protection at conflicts of recruits with RMC, as a rule, is inefficient. "The Recruit Alexander P. shows documents reconfirming diseases giving him the right to release of service in army. On demand of RMC send him to additional inspection. The diagnosis is reconfirmed. The doctor of RMC says that it is forgery without examination of the documents. As the evidence of his objection shows the conclusion of a doctor from hospital, at which the recruit did not pass the inspection, i.e. a false document. The recruit sends a petition to the court. The judge Mrs. E.M. Firsova without examination, only on the basis of affirmations of RMC, makes a verdict that the documents on disease are fictitious and the request for a delay ungrounded. She refuses to hear attestors from the side of a claimant".

Calling-up persons not fit for drill service

20 men, who were illegally invoked to armed forces addressed to the Nizhniy Novgorod regional Committee of soldiers' mothers and after interposition of the Committee they were commissioned. In 1997 parents of 21 servicemen illegally invoked to army addressed to the Committee. The reasons are: superficial acquaintance with medical documents of recruits, superficial medical inspection, nonconfidence for experts from polyclinics and hospitals which are not cooperated with RMC; faithing a word of recruits, that they are healthy, at his wish to serve in army.

So, the recruit Ê was invoked, though he was mentally sick and on passing medical and draft commissions named another number of school, having hidden that he studied at school for mentally retarded children. His mother did not go to RMC, as she was afraid of her son. In result he was commissioned, when in a military unit (boundary armies), the officers understood that the ordinary Ê is a sincerely ill man.

The recruit Ì was invoked into army with one kidney. The result is heavy illness and commissioning after interposition of the Committee of soldiers' mothers.

According to the data of Dzerzhinskiy Committee of soldiers' mothers 42 men were ill from 97 persons who addressed to the reception with petitions connected with invoking. Part of them was invoked and then commissioned according to the status of health. Some of them became invalids and they have no possibilities to earn their living. A part of soldiers continue serving, most part of the time they spend at hospitals or medical organizations. It is very difficult to prove, that the illness became aggravated, with which the soldier was invoked, or it is got in army. If military units did not hide true statistics, the picture would knock imagination.

Using of forced labour of servicemen established for a fixed period

The cases of using soldier as a cheap manpower are widespread.

In Pureh soldiers were used on construction of private furniture factory; in Moscovskiy area and in Kanavinskiy area of Nizhni Novgorod soldiers built markets (probably, for a defined compensation for headquarters); in Nizhegorodskiy area soldiers were used at construction of dacha of general Ivanov.[26]

Conditions of staying of servicemen of regular military service in military units

166 men from 345 men who addressed to regional committee of soldiers' mothers were exposed in the army to beatings, degrading, racket and other ways of mockery above personality. Some men returned as invalids from army (R. Ishakov, S. Hudyakov).

According to explanatory notes of soldiers who had to leave military units without permission and to applications of parents, visited parts, it is known, that many parts do not respond elementary standards on household and sanitary conditions: dirt, a rarely changed linen, rare washing at sauna result in distribution of louses and skin diseases, and bad feeding promotes lowering of immunity of servicemen to various sorts to diseases.

Cases of dystrophy are frequently met. In the result of undereating young men lose in weight and require an additional feeding and even in premise to a medical sanitary part for the correction their health.

46 servicemen and their parents addressed to the Nizhniy Novgorod regional Committee of soldiers' mothers, whose sons got diceases in army.

The salary of soldier totaled 18 Roubles, besides that they do not practically see it. Servicemen from Kantemirovskiy division, Brigade 205 of overland armies of Northern-Caucasian military district, Kamishinskaya military unit of the Volgograd area, parts of internal armies complain for an inadequate feeding.

The facts of beatings and offences of subordinated servicemen, "red-coat"

166 men on the facts of beatings, offences and degrading of personality addressed to the Nizhniy Novgorod regional Committee of soldiers' mothers in 1998.

An amount of references in this occasion is comparable to an amount of references concerning offences at invoking. From stories of suffered and from other sources it is possible to make a conclusion that an amount of people who suffer because of "red coat" is incommensurably more, than an amount of persons who come with their references.

And among those who are commissioned on a status of health, as a rule, a complication of diseases is connected to beatings. Each story or written application is accompanied with descriptions of similar details. They differ, as a rule, in details of cruelties.

Standard forms of brutal treatments can be listed in the following description:

They take everything form backpacks of young soldiers down to a toothbrush, a pen, and envelopes. They beat every night or nearly every night. Frequently they make young soldiers leave a part without permission to get for "grandfathers" (second-year soldiers) without money (it is necessary to ask for money or to steal) cigarettes, alcoholic drinks, sweets. The commanders, knowing about it, try not to notice, but sometimes catch them as a warning and make them write explanations, on which the sufferer is always guilty. Instead of gratitude "grandfathers" beat for prevention.

Skilled "grandfathers" try to beat so that bruises are not left, and sometimes they console young soldiers: "when become "a grandfather", you will rule yourself". Unfortunately, it consoles some soldiers.

It is uselessly to complain to commanders and psychologists, since it becomes a property of all the part and the mockeries are gone on (and can kill). So when they speak, that it is necessary to prove, that everything took place it is frequently impossible to prove, since the same sufferers, while they are in the part, refuse even to be attestors (they will give truthful testimonies only at guarantees of their safety).

There are parts, where "grandfathers" are afraid of the commander, and, when he is on duty in barracks, the soldiers quietly sleep.

Constant effort, an expectation of next mockery results in stress, despair, and readiness for any mad acts.

Especially ill persons get. Healthy soldiers do not trust that illness is real. The presence at hospital is considered as simulation, and, thus, not rendered help can become the reason of destruction of the serviceman.

If traces of physical tortures can be fixed, moral tortures quite often resulting in mental disease, are hardly proved and are not discussed officially in the army.

Limitation of the right to non-judicial and judicial protection

Petitions and references of servicemen concerning violations of their rights are complicated by problems of legal and psychological character. The counteraction of commanders of military units to disclosure of disputed situations and facts of offences creates an atmosphere of intolerance to display of independence and results in prosecution of complainants.

The limitation of the right to non-judicial and judicial protection is defined by the Charter and makes a soldier to address to his commander with an official report, and, only having received his allowance, it is possible to address to higher authorities. In many cases, the commander is that person, on which a soldier is going to complain to court or prosecutor's office. Besides that, commanders are interested in cases of violations of the rights of servicemen in a military unit will not get publicity. To defend the rights and legitimate interests, not being exposed prosecution from the side of commanders or colleagues, serviceman has to leave a military unit without permission.

Ungrounded application of penal measures concerning servicemen of regular military service

Ungrounded or inadequate punishments are widely applied at military units, and in practice of law enforcement bodies.

In 1998 within frameworks of action "giving up" the Main military prosecutor's office made a decision on non-using measures of taking into custody and sending to guardhouse to those persons who came to military prosecutor's offices. But since the first days of this action parents, whose sons were detained at military prosecutor's office and were sent to investigation isolator wards or to guardhouses addressed to the Committee of soldiers' mothers. Only our reference to the Main military prosecutor's office with the petition on wrongful acts of the military procurator of the Nizhniy Novgorod garrison resulted in releasing detained and adoption lawful decisions.

I) THE STATE OF MENTALLY ILL PERSONS

The petitions, which are got by human rights organizations, are connected, as a rule, with illegal sending to hospital or with brutal treatment at rendering psychiatric help. The limitation of informative sources does not allow reflecting a real situation of violations of rights of insane and discrimination limitations in this report.

So according to the petition of Mrs. K on the basis of neighbours addressing, with which she was in conflict, was taken to hospital N1of Nizhniy Novgorod She was admitted healthy by the conclusion of a consilium and was let off. At the detainment in her flat she was undergone to rough treatment and beating, that medical examination reconfirmed.

The state of mentally ill is hard because of limited financing and inadequate control of hospitals. There is information about an inadequate feeding, ensuring with clothes, possibilities to send petitions.

In 1998 seven cases of parents' addressing were fixed in connection with mental disorders their sons in the army. The information on inspection them at psychiatrist at invoking is unknown. According to information, such inspections are not practically conducted.[27]

The members of Human Rights Commission at the administration of the region asked about permission for visiting psychiatric hospital for checking petitions and studying circumstances, but received a categorical refusal. The governor of the region, to which the commission addressed for support, left the problem non-authorized.

J) THE STATE OF PERSONS KEPT IN SPECIAL GOVERNMENT INSTITUTIONS

The limitation in financing is a general problem for the persons kept in government institutions (first of all social) and there are difficulties with a high-grade feeding and service.

According to the information that comes to human rights organizations, at social centers of old men conditions of the contenting are a little better, than that, in which elderly men frequently are. This fact explains free consent of elderly man to a constant sending to a senior Home. At the same time such choice can be elected at desperate, but temporary trouble, and the returning to independent life is difficult (housing transfers to the municipal property).

ÏÐÈÌÅ×ÀÍÈß

  1. The investigation of TG Horace, a member of Human Rights Centre of Dzerzhinsk.
  2. "Our right to life and dignity". Dzerzhinsk.
  3. According to materials of E.A. Kuzmina and N.S. Sennikova.
  4. The department of Education and Science, February 18, 1999, N01-21/287.
  5. Public reception of Human Rights Society of Nizhniy Novgorod, August 1998.
  6. Human Rights Commission, Case 135, the petition of N.P. Nikitenko, March 26, 1998.
  7. The petition of E.I. Medvedeva to the Human Rights Commission, January 18, 1998.
  8. Interview of V.M. Gurskiy with representatives of sexual minority, December 25, 1998.
  9. Trial should be fast and right // Nizhegorodskiy rabochiy, 01.04.1999.
  10. A man and a prison. A collection of informational materials. Public center for assistance to reform of criminal justice, 1998.
  11. The letter the HRS of Nizhniy Novgorod, February 27, 1998.
  12. The letter to HRS of Nizhniy Novgorod "About rendering assistance to ill with tuberculosis in colonies", 1998.
  13. DOTS is directly observance treatment, brief policy. The Program is recommended by the World organization of Health.
  14. By the Federal Act "About custody of crimes, suspected and charged of committing" from July 15, 1995, Order 486 from December 20, 1995 of Ministry for Internal Affairs of RF, Internal regulations IVS of the Department for Internal Affairs, affirmed by the Order MIA of Russia from January 26, 1996 N41.
  15. Report note of medical department of DIA of the Nizhniy Novgorod region "About the state of a rate of sickness with a tuberculosis of special contingent organizations of DIA of the Nizhniy Novgorod region".
  16. Report of Ministry of Justice of RF for 1998 // Zona-plus, march 1999.
  17. The conclusion of Human Rights Commission October 15, 1997, "about violations of prisoners, convicted at UZ-62/8".
  18. In the beginning of 1998 there were 13 ill minors in investigation isolator wards, by the end of the year there were only 4 men there.
  19. The report of checking ITC on standards of content of prisoners, 1996.
  20. A.V. Ermolayev, Colony UZ-62/5, 02.10.1998.
  21. A.N. Lepilov, Colony UZ-62/5, 03.10. 1998.
  22. V.M. Dudkin, Colony UZ-62/5, 04.10.1998.
  23. The order of MIA of RF " About local preventive area", 1993.
  24. The information of Dzerzhinskiy Soldiers' mothers Committee.
  25. E.Z. Feldshtein, Dzerzhinsk.
  26. The information of the Nizhegorodskiy regional Committee of soldiers' mothers.
  27. The information of the Committee of soldiers' mothers.

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