Information and Analytical Center of Nizhny Novgorod Society for Human Rights
R E P O R T
ON TORTURE APPLYING IN NIZHNY NOVGOROD REGION
(revised version)
Approved by the Commission on Human Rights
of Nizhny Novgorod Administration on February 18, 1998
as Special Report of the Commission
Nizhny Novgorod, 1998Introduction Beatings during arrest Cruel treatment during investigation Beatings in reformatories Using spetsnaz (operative groups) Prison conditions as a torture "No one shall be subjected to torture or cruel, inhuman or degrading treatment and punishment" (Art. 5, The Universal Declaration of Human Rights; Art. 7, The International Covenant on Civil and Political Rights)
"No state may permit or tolerate torture or other cruel, inhuman or degrading treatment and punishment" (Art. 3, The United Nations Declaration on the Protection of All Persons from Torture and other Cruel, Inhuman or Degrading Treatment)
Since 1992 Nizhny Novgorod Society for Human Rights (NNSHR) has been gathering information on applying tortures by law enforcement employees. Evaluation and analysis of numerous cases of tortures let us sum up and make some conclusions. For the last five years the situation has changed. In particular, more cases of using special means of torture such as electrical shock, strangling along with physical abuse have been recorded in the practice of applying the so called "sophisticated torture". The number of violent and cruel beatings on the part of prison administration has somewhat decreased, thus letting us suppose that our penitentiary system has become a little more «humane». On the other hand, the number of beatings by "spetsnaz" officers has increased. Such tendency can be explained by a sharp growth of the number of "spetsnaz" detachments (special operative groups) and their wide use in events when no rude violations or uncontrollable actions take place.
However, it is difficult to make any definite conclusions about the increase or decrease in applying tortures during the five years since the NNSHR has only scraps of information which got some publicity. For example, it is known that in 1996 the Procuracy (public prosecutor’s office) of Nizhny Novgorod region held 90 inquiries and filed 27 suits on abuse of power most of which were dismissed. In 1997 much less suits filed against law enforcement employees were recorded (3 cases in the first half-year) although more applications on torture use were received during that year.
Anyhow, the majority of cases has remained "not announced". Difficulties in obtaining such information is explained by invariable reasons: victims’ fear of violence against them, no trust in fair punishment, defenselessness against pressure and threats, and legal ignorance.
It is no secret that detainees who are often unguilty are beaten up by the police. And no one knows a case when a police staff person has been ever charged with it. (Article 148, 149 of the Criminal Code).
Explaining it by latency would not be right. Though most people do not believe that those being guilty would be punished, a lot of applications on tortures, beatings, abuses and other illegal actions of law enforcement employees are received by NNSHR, one can only guess how many such applications come through the Procuracy.
Also, it could not be explained by difficulties in disclosing cases on applying violence by the police staff. It takes much more time, efforts and efficiency to disclose the crimes like robberies, thefts, extortions. However, the police employees having committed such crimes are often called to criminal responsibility.
The only explanation, in our opinion, is that applying of tortures by the police is not taken by law enforcement agencies as dangerous actions for the public. Consequently, the police employees are sure they wouldn’t have to pay for their actions.
Procuracy workers having received complaints from an arrestee about beatings during arrest and torture during the investigation find themselves in a controversial situation. The problem is that Procuracy in Russia, supervising the lawfulness of the preliminary investigation, acts as a state prosecutor in court hearings on criminal cases. Thus, acknowledging facts of beating during preliminary investigation the Procuracy weakens, in this way, the prosecution party raising doubt on lawfulness of evidences obtained and possibility to use them in court.
Therefore, it is evident that the Procuracy - a potential prosecutor - is not interested in conducting a thorough investigation on the complaint about use of torture. That is why in many cases as, for example, in case of Sokolov V.R. the Procuracy refused to bring an action against officers of Sormovsky OVD (Department of Internal Affairs) of N.Novgorod. In this case arrestee Sokolov V.R. who was later convicted had no possibility to present evidence and witnesses and, thus, was left absolutely defenseless due to Procuracy non-interference.
We are quite aware of the fact that only the Procuracy is empowered to change the situation when during preliminary investigations tortures are often applied as the most effective means for obtaining evidence. It should be noted that all the materials of verification of the cases given in the report have been sent to the Procuracy. However, the Procuracy work on verifying applications on illegal actions of the police employees cannot be considered quite satisfying. As a rule, proceedings on such complaints are not instituted and all the examinations provided in Article #109 are brought to receiving from the police the act of official confirmation of the complaint. Even if the action against the police employee is brought measures necessary for effective investigation are not taken and the case is dismissed at the first opportunity (as an example, Cheremnykh’s case when the city Procuracy has been declining his complaint for three times). In some cases (as for example, Vorobyov’s case) police employees advise the defendants that they should not appeal to the police with their complaints, otherwise it would turn out even worse for the defendants themselves. Effectiveness of such examinations is rather doubtful.
No wonder, citizens nowadays are afraid of criminals as well as law enforcement employees. It is confirmed by public opinion polls results. If things progress this way crime-prevention campaign cannot be a success.
It is still a problem that the court does not consider the cases of violence infliction during testifying. At best, the court sends the information for verification to the Procuracy. Taking into consideration that the Procuracy acts in the court as a prosecutor results of such verification are obvious. Lawfulness of evidence obtained is not examined, that contradicts principles of fair legal proceedings.
The report presents some facts which have been verified and thus allow to draw some conclusions. However, the current report provides no information on violence in the army and special institutions.
Cases of unprovoked and unjustified beatings during arrest are not exceptional. As a rule, those being charged with administrative and criminal crimes become victims who are taken into custody after being severely beaten. This makes it extremely difficult to provide evidence and defense of the victims. Sometimes a victim is delivered to a hospital, thus the medical examination made becomes the reason and ground in order to bring an action. The situation is not that simple when medical examination is done by medical workers of a pre-trial institution. However, it is important to note that for the last two years prison workers have been interested in making a medical examination in order to have guarantees of their own noninvolvement.
Such vulnerable groups as homeless and unemployed are practically defenseless against violence of law enforcement workers. Beatings during special militia (police) raids are especially cruel. Information about violence and cruelty in such cases becomes known by chance since representatives of these social groups, as a rule, do not apply for help. We know, for instance, that in 1996 some cases of using violence during mass arrests of people suspected of drug abuse were recorded, often they were forced to get AIDS tested.
Law enforcement workers often apply violence using special means at railway stations. N.Novgorod Society received several similar complaints about severe beatings of homeless people at the Moscow railway station in N.Novgorod by the officers of the transport LOVD. For example, on November 10, 1994 and later on April 8, 1995, at the railway station V.A.Kozlyaninov was violently beaten. The second beating was caused by the very fact that Kozlyaninov had applied to the LOVD Chief. (In 1996 Kozlyaninov being left without medical help died of tuberculosis in the regional SIZO.)
Situation repeated with Y.Y.Vodopjanov who was detained and beaten in May 4, 1995, at the railway station in Zavolzhje on an ungrounded suspicion that he was drunk. Later he was brought to detoxification center where he was beaten by the senior sergeant for demand to bring a lawyer (he was hit on the temple and then tightly tied).
"Stretching" is one of the obligatory and necessary position used while searching prisoners and it is mentioned in internal instructions.In many cases violent actions of law enforcement workers are motivated by personal dislike or some interest. So called "razborki" (conflicts) when militiamen using their professional immunity apply violence and remain unpunished have become very widespread. As a rule, they do it professionally leaving no evidence or witnesses. The case of beating the group of people, representing Kosack public association and working as personal guards, by officers of Avtozavodsky RUVD (District Department of Internal Affairs) which took place on March 13, 1997 can serve as a good example of revealing corporate interests.
It should be noted that law enforcement workers often deviate from the norm of behavior established by law regulations while detaining people: they don't introduce themselves, become aggressive without any noticeable reason, insult and curse. In such circumstances they naturally refuse to inform detainees about the reasons of their arrest.
V. I. Larionov's evidence is a typical pattern of militiamen's behavior:
"On March 17, 1994 my neighbor hit me in reply to my complaints about his dog. In five minutes militia arrived. Without saying a word or showing any papers or documents, they put handcuffs on me, brought me to the regional militia department and then to the sobering-up station. When I tried to ask something the station workers beat me. From the sobering-up station I was brought to the officer-on-duty's assistant of the district militia department. After the question ''Why was I arrested?', I was handcuffed again and put in a cell. Then a lieutenant and a sergeant came into my cell. Lieutenant asked questions about myself while sergeant was threatening me that he would put me in prison for vandalism within a month. At night, on March 18, I was delivered to Avtozavodsky UVD in N.Novgorod and put in the basement for detainees. I asked to call for a lawyer and prosecutor. Some time later two men appeared. I asked them why I had been detained. One of them cursed in reply and the other threatened to beat me. At about four p. m. when an investigator came I asked again about the reasons for my arrest. She said she would show me the materials of my case later. Later, on signing the paper stated that I had not to live the town I was released. Diagnosis made at the traumatic department was the following: "numerous injuries including chick zones".
Very often unlawful unprovoked act of cruelty is a result of "resistance" to a militiaman. In such a case a victim whose evidences differ from those of a law enforcement worker is defenceless, as well as under threat of being prosecuted, thus he can be easily blackmailed. It is obvious that under such conditions it is impossible for a victim to defend himself of illegal actions. For example, Sorokins’ family applied to the Commission on Human Rights with the complaint on being beaten up on January 28, 1998 by the militiamen. According to the evidence given by the victims militiamen called at the Sorokins’ door at 0:40 a. m. and demanded to take away children from the flat. As Mrs. Sorokina had refused to do it the militiamen dragged her downstairs and one of them hit the woman’s face with the fist having wounded her eye. Mrs. Sorokina’s husband and son were beaten up and arrested only for the attempt to stand up for their wife and mother. They were beaten up brutally by three militiamen using pistols and sub-machine-guns. During beating they threw their victims down on the floor and kicked them. Other members of the family also suffered. In this case the suit on putting up resistance to the police was filed.
Serious concern arouse courts' decisions when in the course of hearings it becomes known that suspects have been subjected to unprovoked beatings with the use of special means during arrest in the act or on suspicion. Such facts have never been considered at any court hearings known to NNSHR, thus no corresponding court decisions have been made. In these circumstances, being under permanent pressure of prosecution defendants do not report or mostly give up their complaints about violence. For instance, three young men who had been injured during arrest to a various degree by OVD officers of the Pavlovo town turned down their complaints. It should be noted that experienced practicing lawyers, as a rule, advise their defendants they would better not file the complaints.
Notably, there is still no effective legal mechanism for protecting victims of beatings during investigation. As a rule, victims' applications are not considered and criminal cases are not initiated. Meanwhile, the Criminal Code stipulates that confessions extracted with the help of torture or threats should not be considered by the court and influence their decisions. There is a respective punishment for extracting confessions in the Criminal Code, but the NNSHR has never heard of applying such a punishment. In particular, according to Art. 304, part 2 of the RF CC "forcing to make confessions" should be punished by 2-8 years of imprisonment. Even these sanctions are not applied. Art. 300 introduced in the RF CC which stipulates punishment for "unlawful discharge from criminal responsibility" (thus, for Procuracy's inaction), actually does not work, because again the decision to bring an action in accordance with this article depends on the Procuracy alone. We can illustrate this situation with A.N.Voronov's numerous applications to the Procuracy which were left without any consideration. His complaint had information on permanent beatings and tortures applied by the officers of N.Novgorod RUOP Y. Rydalin and S. Bajramov. Anton V. Shamberov’s complaint considered at the commission on Human Rights can serve as another example. Being detained as a suspect of a murder he was acquitted later in the court. According to the evidence given by Anton V. Shamberov:
"I was beaten up actually every day (in UVD and OIVS buildings) from 5. 09. 96 to 13. 09. 96 since morning till late evening. I was beaten up on my head and body with hands and feet, then with sticks on my heels and head and also at the solar plexus, with leaving no bruises. They threatened to kill me, promised to organize a meeting with my relatives and, in the case of signing all the necessary papers, to set me free". Shamberov’s request on bringing an action against the law enforcement workers was turned down for "the lack of corpus delicti". Thus he had to apply to the court on the Procuracy inaction.
Having spent much time in this position the prisoner suffocated.Impunity of law enforcement workers applying tortures during arrests and inquests, futility of official verifications is due to quite limited methods used for getting information during such verifications. Nizhny Novgorod oblast Prosecutor considering Shamberov’s case named the typical list of sources needed for confirmation of the complaints: "explanations of militiamen", "official papers on applying for medical assistance and examinations from OIVS (the United Administrative Detention Centre) and SIZO". However, any methods causing strong physical and mental sufferings which also concern "tortures" are left not considered and thus unpunished.
It should be noted that law enforcement bodies often misinterpret "presumption of innocence" with regard to a victim using it in their own interests. For example, the European Court stated on 22.07.93 the following: "As soon as it’s defined that a person has been physically injured being in custody, the police or the state is obliged to prove that those injuries have not been caused by the police actions or its negligence".
Those being detained for the first several hours or days are most often subjected to beatings and tortures. Investigators try to use a stress situation "to break" conscience and psyche of the detainee and extract confessions or information on the case. Torture is used as the most effective and quick means. Also, tortures are used to make an accused confess to several unsolved crimes. For example, E.V. Krivonogov detained on 2 July, 1996 by Gorodetsk GOVD employees was threatened to be killed (it could be forged as "the attempt to take to flight") if he would not confess to some undisclosed crimes.
As a rule, investigators applying such methods to disclose the crime are in good repute and appreciated by their authorities because they succeed in solving many crimes and improving the whole situation with crime disclosing. The NNSHR experience shows that the most effective and optimal sanction against militiamen applying tortures and abusing power is their discharge. But this can be achieved only with public support.
Even cases having received some publicity do not get in court rooms. This situation is to a great extend complicated by the difficulty in presenting evidence and proofs of beatings.
Here is the evidence given by Vyacheslav Postnov who was beaten on December 25, 1991:
"During the first interrogation I was severely beaten by militia employees who beat me with their fists and legs. The injuries I had got were registered in my medical file when I was delivered to SIZO-32/1. I pointed to this fact several times. But the Procuracy of Nizhegorodsky district replied that the papers provided by the medical department of SIZO-32/1 on my injuries had not been found. The lieutenant-colonel Dementjev working in SIZO-32/1 after making some checking assured me that the medical department of SIZO-32/1 had not given such information to the Procuracy at all. On this ground I can assert that the Procuracy of Nizhegorodsky district conceals investigation bodies from responsibility using forged documents".
It is extremely difficult to find evidence on tortures with applying such methods as electrical current and suffocation which do not leave any signs and are not revealed during medical examinations.
According to evidence given by the victims a gas mask (torture called "little elephant") or a cellophane parcel is used during suffocation, this is the most cruel and inhuman torture. Also, electrical current is widely used as one of the tortures. For example, only Avtozavodsky ROVD of N. Novgorod has three such complaints.
On 2 October, 1996 officers of GOM-2 of Avtozavodsky RUVD in N.Novgorod detained the minor Ivan Biryukov suspected of a car theft. During interrogation the operative workers pressed Biryukov to confess to several undisclosed robberies of flats and garages located on the territory of Avtozavodsky district. In order to extract confessions from the boy Biryukov was subjected to torture with electrical current connected up to his fingers from some electrical device. "Little elephant" torture was also applied to him that is he was put on a gas mask and deprived of air. Moreover, he was beaten on his stomach and head with legs. As a result, Biryukov got brain concussion and disruption of alimentary canal functions.
On 4 October, 1996 OUR officers of Avtozavodsky RUVD in N.Novgorod arrested Igor Peskarev. During interrogation Peskarev being handcuffed to the armchair was beaten with "a little sack filled with sand", and tortured with electricity current put through his arms. While being tortured he pulled forward so forcefully that he broke one of the handcuffs which he was fastened with. When Igor Peskarev mentioned his rights provided in Art. 51 of the RF Constitution operative workers laughed in his face saying that he had the only right "either to die or to confess".
On 14 February, 1997 officers of Avtozavodsky RUVD in N.Novgorod severely beat Vladimir Demin during investigation. Demin was tortured with electricity current and as a result of beatings he got two broken ribs.
Not only defendants but also witnesses can be subjected to beatings during interrogations. Here is the case from the NNSHR experience serving as another example:
On 10 September, 1996 Alexander Cheremnykh and Vladimir Bukarov were invited for a conversation in Sormovsky District Department of Internal Affairs of N.Novgorod. The major Parshkov A.V. and the chief lieutenant Letunov O.S. being drunk began to severely beat Cheremnykh forcing him to confess to a crime he hadn't committed. They beat him with their fists, legs, a chair, strangled him, lifted and threw him again on the floor. After that they started beating Bukarov. As they didn't manage to extract any confessions and were afraid that the two men would complain of beatings the militiamen took them under administrative arrest. Illegally detained Cheremnykh and Bukarov were later beaten once again. When after NNSHR interference the action against the law enforcement workers had been brought, the victims of the crime were subjected to pressure so that they would change their evidence.
We cannot boast of having good judicial practice in successful investigations with regard to tortures. There are very few suits filed against law enforcement employees which were a success. We know the case when in 1994, N. Kurizyn, head of the Zelenyj Gorod OVD, and G. Bibanin, district inspector, were indicted for abuse of power by the Kstovsky district court in accordance with Art. 171, part 2 of the RF Criminal Code. They were accused of severe beatings inflicted upon detainees Y. Bakharev and N. Sharakhov during interrogations. They were sentenced for four years of imprisonment. But later due to the Procuracy protest the sentence was mitigated and reduced to two years in prison.
In this case the UVD demonstrated a strong opposition to judicial power. Only obvious guilt of the two accused and grievous bodily harm of the victims made it possible to pronounce a guilty verdict.
In 1992, 15 prisoners from correctional institution #62/12 lodged the complaint about beatings of the convicted Kuznetsov A.A. inflicted by Larionov, the head of the detachment, and an operative group which took place in punishment cells on November 7, 1992. As a result of using rubber clubs Kuznetsov was severely injured and sent to the prison hospital. At the decision of the head of this institution Burkov L.A. the internal investigation was conducted and the conclusion was given. Point 1 of this conclusion, in particular, reads: "There were no actions violating the law on the part of the administration and checking guards of company 3 of military detachment #7408, installing prisoners in punishment cells". Procuracy workers didn't find any violations either.
For the last six years the NNSHR has been regularly receiving many complaints from places of detention and verifying them whenever possible. The information compiled lets us assert that supervising procurators' attitude to beatings in places of detention has not changed.
Out of twenty cases of unprovoked beatings with physical injuries which were known to the NNSHR only one was somewhat adequately regarded. The reason for it is quite traditional and tolerant attitude to violence in our correctional system. Great dependence and sometimes informal relationships between prison administration and supervising procuracy also can result in negligence of violence in the reformatories. It is almost impossible to imagine that an action is brought against a director of a reformatory, if not for the order from a superior.
According to the information compiled within six years the following institutions are known for the most cruel treatment: UZ 62/1 (Semyonovsky region), UZ 62/4 (Tonshajevsky region), UZ 62/5 (Kanavinsky region), UZ 62/7 (Varnavinsky region), UZ 62/8 (Tonshajevsky region), UZ 62/9 (the Dzerzhinsk town), UZ 62/12 (Tonshajevsky region), UZ 62/15 (Vadsky region) and UZ 62/20 (the Lukjanov town).
Situation in UZ #62/5 in Nizhny Novgorod region can be regarded as the most typical one. The NNSHR members managed to visit this colony several times and verify complaints on the spot. In most cases the conflict between a group of prisoners, which is often mentioned in the reports of Ministry of Home Affairs as "negatively disposed", and the administration (or more exactly - operative services) of the institution was the cause of the most cruel beatings. As a rule, applying violence the administration aimed at solving, or to be more accurate, suppressing this conflict.
From the mid 1993 we received letters from prisoners of UZ #62/5 on beatings and ungrounded punishments inflicted by prison staff. Information about excessive use of special means by prison staff was confirmed: within nine months of 1993, 78 cases were officially registered which was ten times higher than in other colonies.
From December 9 to 18, 1994 prisoners of the LPU (local-preventive zone) where a group of "negatively minded" prisoners was isolated went on hunger-strike. At the end of January prisoners who had refused to wear an arm strip indicating that they were on duty were deprived of food. They ate only what they got in their parcels delivered by their friends and relatives. One of the prisoners, Terekhov by name, being emaciated was sent to the prison hospital. The conflict was put down and prisoners were provided with food due to interference of their relatives and the NNSHR.
On July 10, 1994, while being in ShIZO (penalty solitary confinement cell), captain Sechkin started unprovoked beating of the prisoner Terekhov inflicting serious bodily harm to him. On May 15, 1995, in the Leninsky public court captain of internal service Sechkin was sentenced to one year in prison for abuse of power in aggravating circumstances (Art. 171, part 2). This decision brought to restriction of violence applying in UZ #62/5.
Nevertheless, during inquiry victim Terekhov and witness Kharlamov were sentenced to a more strict prison regime, and victim Petrov was sentenced to one year of strict regime according to Art. 188, part 3 (violent opposition to the administration requirements).
In spite of rude and provocative persecution of the victims this is the first case when ungrounded beatings of prisoners in N.Novgorod region became the subject of court hearings. All previous procurator's investigations including mass beatings of prisoners with the use of spetsnaz gave no results.
In 1997 in reformatories, in particular in UZ #62/20, new kinds of tortures during searching procedures were indicated.
V.V.Rusakov who was kept in LPU of this colony reported: "On January 29, 1997, at 5.30 a. m. captain Pischenkov N.I. and the colony head assistant Lomtev V.N. accompanied by inspectors came in right after waking-up. Potapov L. and I were brought to a canteen, ordered to stretch our legs and beaten so that we made the splits. They kept us in this position for 30 minutes... Every two hours we were ordered to face the wall and squat for 30 minutes. Search was the only ground for that."
Procuracy reaction to these methods was always the same - after verifying the facts, "no violations were recorded". It’s quite natural and explicable for "stretching" is one of legal, obligatory and even necessary actions used while searching prisoners and it is mentioned in official instructions. However, physical sufferings inflicted on a person during search are not regulated and thus not considered by the Procuracy. Any attempt of a person being searched to change his position results in being beaten. This certainly leads to abuse on the part of prison staff and can be regarded as a kind of torture.
Regular use of spetsnaz (operative groups) as a preventive measure has been a local initiative in N.Novgorod region since 1992. Alongside with establishing LPUs (local-preventive zone) spetsnaz was widely used for suppression and threatening prisoners to the end of 1994.
Using spetsnaz was a planned event aimed at "confiscating illegal things" in accordance with order #267 of Ministry of Home Affairs.
More than 20 complaints from 10 ITUs of Nizhny Novgorod region on unlawful actions of spetsnaz were received. NNSHR members and regional Council deputy Vinokurov Y. L. made site visits and verified these facts. Information on cruel treatment, beatings, unlawful use of special means, damage of personal things and, in particular cases, torture on the part of spetsnaz officers was confirmed.
All the information from prisoners on unlawful actions including physical injuries inflicted by officers of spetsnaz in ITK-1, ITK-4 on June 4, 1992, in ITK-6 on June 25, July 20-23, 1992; in ITK-12 on June 2, 1992; in ITK-20 in August, 1992 and March 29, 1994 was almost completely confirmed. In some cases unlawful actions of spetsnaz were confirmed by ITU staff (UZ-62/4, 7, 12). In two cases the Procuracy instituted legal proceedings but later dismissed the cases.
So called "searching events" usually arranged by spetsnaz in punishment cells and LPUs should be especially considered. Searching prisoners spetsnaz officers drive them out of their cells. Meanwhile, they beat prisoners, use special means (clubs, dogs, gas) and damage personal things. Any protests are cut rudely.
Having finished their "job" (as it was, for example, in UZ #62/20) spetsnaz employees make prisoners write statements that they have no claims against spetsnaz actions. Prisoners are often punished when they apply for medical confirmation of their injuries.
The use of spetsnaz in ITK-4 on January 29, 1993 can serve as a typical pattern of resorting to spetsnaz help. This day prisoners in PKT and ShIZO went on hunger strike to menefest their protest which was supported by the majority of prisoners the next day. To suppress the inmates spetsnaz started beating them using special means. According to official information one prisoner being severely injured was sent to the prison hospital, according to prisoners' evidence there were three of them. Eye witnesses reported that all protesters had been beaten to various extent and some of them tortured. Some soldiers from the ITK's guarding troops also were injured.
From prisoners' letters:
"Spetsnaz soldiers came equipped with landing knives and began beating and torturing ShIZO and PKT inmates. They beat them with their legs and clubs, strangled with a towel until a man got unconscious and then poured cold water on him. They did it like this: ask the article, the term of imprisonment and then started beating. Several people had been beaten till they got unconscious and then got their heads sunk in the open toilet..."
"They also used a "Chinese" torture throwing a prisoner on the table and beating him with a club on the heels. Also, they forced a man to make the splits beating him. They came in, asked inmates who would clean the floor and those who refused were driven in the corridor and beaten. Having thrown a prisoner on the floor and holding his hands and legs they stood on his back or chest and jumped. Inmates were stripped naked and beaten. Spetsnaz employees stood on the table and beat with their feet on the prisoner’s face. Prisoners are not allowed to report about injuries, either they are not given paper and pens to write a complaint."
"In the evening that day eight spetsnaz soldiers came in accompanied by inspectors. Being heavily drunk spetsnaz soldiers were provoking prisoners." (from the letter signed by 60 prisoners) dated January 29, 1993.
"In the morning after breakfast six or seven people came in, all of them wearing masks, began to beat us. They had been beating us till we fell. After pouring water on us they beat again. Then we were dragged in the cells. Screams were heard in the isolation cell till noon. Later, at about five, they came again. The procedure repeated all over again."
A similar situation happened in ITU-20 (the Lukoyanov town) where on March 29, 1994 a spetsnaz group was brought in according to the plan. During four days "searching and patrol actions" were held. While searching prisoners in PKT, ShiZO and LPU, spetsnaz soldiers beat inmates using special means. This was confirmed by prisoners' evidence. Prisoners reported that they had been beaten mostly on the stomach, chest and on the back of the head. On being threatened prisoners refused to apply for the medical examination.
On May 17, 1994 a spetsnaz group was brought in again. Alongside with search, spetsnaz soldiers made special "working up" of "negatively minded" prisoners calling them one by one to the headquarters of the institution and in the LPU.
At the beginning of May the public procurator of N.Novgorod region supervising the observance of law in ITUs visited the above mentioned colony. Prisoners alleged that the procurator had advised them "not to complain anywhere" referring to their written statements that they had no claims against spetsnaz actions.
Notably, during two-three years of resorting to spetsnaz as "preventive measure", no mass riots or disorders took place in the regional colonies (with the exception of cases being provoked by spetsnaz itself). The practice of such "preventive" use of spetsnaz was stopped only due to considerable public efforts after deputies hearings and appeals to the Governor.
Tuberculosis zone UZ-62/10 (Varnavinsky region).
Correctional institution #10 is a special institution for prisoners suffering from tuberculosis of lungs. The situation here is very hard for the colony is overfilled (twice as the capacity allows) and lack money for food and medicine. In 1996 - 1997 only 2.6% of resources necessary as minimum for the medicine were allocated to the colony. For all that, prisoners are severely treated by prison administration.
Niches for lamps are barred and give almost no light.Excerpts from prisoners' letters: "As soon as a prisoner arrives in the colony he is searched, stripped off, things from the outside and clothes are taken away from him and a sick prisoner is pushed half-naked on the territory of the colony. He is not given even a uniform, because they have none in the storehouse. There are not any bedding either: no sheets, blankets, mattresses or pillows. Many prisoners sleep with padded jackets or some rags on.
In the barrack a prisoner should find a place to sleep on his own. It is almost impossible because there are no vacant sleeping places there. Thus, newcomers have to sleep on bare chairs or for several months to live in a room where prisoners watch TV.
Barracks are cold, dirty, damp, dark, smelly, with lots of lice and bedbugs, water under the floor. There is no drinking water in the barracks and prisoners have to take it from the heating pipes where it is poisoned with different chemicals. The heating system has not been repaired since the colony is built, the pipes are licking adding more humidity in the barracks. The heating system doesn't warm, that is why it is cold in the barracks and it is one of the reasons prisoners die. Prisoner Mamedov Aly Adjakhovich died on December 30, 1994. That night inspectors took away a heater from Mamedov. He tried to stop them saying that otherwise he would die. But they didn't listen to him and next day he died.
Hunger is another danger for prisoners being the main cause of death in the colony. Prisoners are mostly fed with cabbage. The daily ration of bread of 350 gr. is often reduced to 250 gr. Prisoners have been receiving no sugar, butter, milk, eggs and fish for months. Thus, strong antibiotics intended to destroy tuberculosis bacillus poison a hungry organism of a sick person.
Needless to say, medical treatment is extremely poor in the colony. There are no medicines and X-ray film there and doctors are unaware of what is going in their patients' lungs for a long time. In order to see a doctor or take medical treatment a prisoner has to spend several hours queuing in a room without chairs, very much resembling a pen for cattle. It is very difficult to call a doctor in ShIZO and PKT.
In winter prisoners try to go to the bath house not that often (it is the reason they have a lot of lice). The matter is it’s very cold in the dressing room like outdoors. After taking such a bath many prisoners get a severe cold and TB intensification."
On December 11, 1994 prisoner Vanyushin was unfairly punished and put to ShIZO. In protest Vanyushin went on hunger strike during which he asked for a doctor several times. The doctor never came and Vanyushin was beaten. The fact that Vanyushin was beaten because he had asked for a doctor could be confirmed by the prisoners from the neighboring cell. Vanyushin died right in the solitary confinement cell. His death was certified without examining the dead body having marks of beatings.
During the last three years the death rate caused by hunger and lack of medical treatment increased five times. During the first six months 1997, 96 prisoners died in the colony.
Places of pre-trial detention
In Nizhny Novgorod region places of pre-trial detention are centralized, SIZO alone holds 3/4 of all prisoners under investigation and those in administrative detention. During the last four years in the SIZO of N.Novgorod region there were 4,500 inmates per 2,500 prison places (with the norm of 2 sq. m. per inmate). Overcrowding alongside with the lack of basic conveniences create unbearable conditions which, in international experts’ opinion, are qualified as a "torture" and that is the reason for permanent protests (collective complaints and hunger strikes) provoking, in their turn, a severe reaction from the administration.
The following situation resulted in a hunger strike in 1994 is quite typical for prisoners' reports: "Violation of basic sanitary and technical norms, overcrowding in cells (2-3 inmates per one sleeping place), ill-treatment of prisoners, lack of medical assistance combined with horrible stuffiness in summer, windows heavily barred with iron lists and thus lack of fresh air, high humidity, atmosphere of psychological suppression and monotony - all this actually make pre-trial detention torture".
Moreover, prison administration itself brings additional inconveniences causing physical sufferings. For example, prisoners transported to court rooms are allowed to sleep only three hours, thus the norms of their sleeping conditions are neglected. When gathering large groups of prisoners for transferring to colonies they are kept in small special transit cells (where they can only stand) and dozens of prisoners have to spend hours and sometimes a whole day there. According to internal rules, alongside with bars the windows are screened with iron shields and "eyelashes" which do not let fresh air in. With poor ventilation prisoners often get unconscious in summer.
Numerous talks and discussions do not improve the situation. Prison administration and officials don't see any other solution but to build a new SIZO for which they have no money in the budget. Anyway, they are not going to improve the conditions in SIZO though openly admitting violation of prison norms established by law. Alongside with the regional SIZO convicts and those taken into custody are held in 50 IVS (Administrative Detention Departments) including OIVS (N.Novgorod United Administrative Detention Center intended for 150 inmates) as well as in pre-trial detention cells in N.Novgorod districts and transport UVD. Within 24 hours more than 1,500 people are kept there.
Prison conditions vary there, but, as a rule, violate current norms. In many IVSs prison conditions are much worse than in SIZOs. The most unacceptable conditions were recorded in the IVSs of Sosnovsky and Navashinsky districts of the town Kstovo.
L.A.Kulymina's complaint about Sosnovsky IVS reads: "5-6 people are kept in cells of 4 sq. m. without any access of fresh air. Stone walls, floor and ceiling, no windows..., no ventilation, the doors are airtight. How do they breathe there? Being prisoners or under investigation, still they are people and they suffocate. My grandson spent two weeks there and I couldn’t recognize him: he swelled up all over, for all that he is a sick man..."
Both SIZOs and IVSs widely use complete isolation (in accordance with departmental instructions and recommendations). It means that windows in the cells are walled up, doors leading to the corridor are tightly closed, thus - no natural ventilation, niches for lamps are barred and give almost no light (see the pictures enclosed). Unbearable stuffiness and dim light create conditions similar to those in kartser that is isolation sells which are used in correctional institutions as illegal punishment. Prisoners being kept in such cells for weeks with no daily walks, bath, normal food become ill quickly. Medical service in IVSs is irregular and provided only in cases of great emergency.
Excessive overcrowding has remained the major factor causing suffering. On average they hold 1,585 people per 1,325 places a day while the norm is 4 sq. m. per inmate. Considering that various categories of detainees should be kept separately actual overcrowding is much higher.
Discouraging situation with prisoners is caused not only by poor prison conditions, but also by disdainful attitude of the staff, their ill-treatment of prisoners and indifference of supervising bodies.
While verifying a complaint in Sosnovsky IVS it appeared that the administration purposefully kept three persons under administrative arrest in cell #4 not complying with basic norms. On the day of our visit two cells out of four were empty and it was possible to allocate those arrestees to empty cells. Cell #4 intended, according to the norms, for two inmates is always overcrowded. On the day of the visit there were three inmates there and that was a usual fact. According to the IVS register book the number of detainees sometimes reached six people at a time. It is difficult to imagine in what conditions all those people were kept in that cell. There are not even bunk-beds there, so detainees spend all the time in the dark and stuff cell on the bare floor sitting on their own jackets and coats.
Food is also a serious problem in IVSs. As a rule, prisoners count on the family support. Having scarce resources local authorities spend 2 rubles per person a day on average. According to the complaint of the detainee kept in the IVS of Lyskovsky district he has not received any food for three weeks of his detention getting no support from his family. Help from his fellow-inmates didn't save him from the stomach ulcer.
The windows heavily barred with iron lists in the IVSs of Sosnovsky districts of the Kstov town.During transportation prisoners are also subjected to excessive sufferings. They are transported in small, dim vehicles, receiving no food and experiencing rude treatment (in particular, it is an adopted norm to deprive prisoners of their medicine during transportation).
The case on the IVS prisoner’s murder can be another example of causing physical sufferings and cruel treatment by law enforcement employees.
In October, 1996 N.Novgorod district court considered the case on the murder of pre-trial prisoner Chistyakov in OIVS (the United Administrative Detention Center). Being in the state of psychological stress Chistyakov demanded to let him out of the cell. Four wardens dragged him out of the cell and beat severely. Later on forensic expertise discovered 40 bruises left by clubs on his body. For all that Chistyakov was "hobbled" with rope loop and locked in the isolation cell. Having spent much time in this position he suffocated. Two prison guards being indicted were given suspended sentence from 2 to 4 years.
Though the punishment was too mild the case received some publicity and feedback from staff of penitentiary institutions. Anyway, no complaints from places of pre-trial detention have been received of late.
The only thing that should be added is that nobody out of above mentioned law enforcement employees being guilty has been fairly punished. According to the information given by the Procuracy of Nizhny Novgorod region, "no single fact of torture applying has been identified on the territory of Nizhny Novgorod region so far".
Information and Analytical Center Manager,
Nizhny Novgorod Society for Human Rights I.A.KalyapinChairman of Nizhny Novgorod Society for Human Rights,
Chairman of the Commission on Human Rights
of Nizhny Novgorod oblast Administration S.M.Shimovolos
