A/HRC/25/60/Add.2
outdated, leading to injuries and the remuneration for the work did not comply with
standards. It is alleged that complaints by Ms Tolokonnikova led to retaliation and threats
against her by the deputy governor of the colony. In protest against the conditions of work,
Ms Tolokonnikova subsequently went on a hunger strike. Her health reportedly
deteriorated and on 29 September 2013, she was transferred from solitary confinement to a
hospital, where for some time, she was reportedly denied access to visitors, including her
husband, except for doctors. In this context, the Special Rapporteur reiterates that each
Government has the obligation to protect the right to physical and mental integrity of all
persons as set forth inter alia in the Universal Declaration of Human Rights (UDHR), the
International Covenant on Civil and Political Rights (ICCPR) and the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). Further,
the Special Rapporteur draws the attention of the Government of Russia to the Standard
Minimum Rules for the Treatment of Prisoners and the Body of Principles for the
Protection of All Persons under Any Form of Detention or Imprisonment. The Committee
against Torture and the Human Rights Committee have consistently found that conditions
of detention can amount to inhuman and degrading treatment. In this context, the Special
Rapporteur also recalls article 12 of the International Covenant on Economic, Social and
Cultural Rights, ratified on 16 October 1973, which provides for the right of everyone to
the enjoyment of the highest attainable standard of physical and mental health; including an
obligation on the part of all State parties to ensure that health facilities, goods and services
are accessible to everyone, especially the most vulnerable or marginalized sections of the
population, without discrimination. Lastly, the Russian Government is referred to General
Comment No. 14 of the Committee on Economic, Social and Cultural Rights, which
provides that, “States are under the obligation to respect the right to health by, inter alia,
refraining from denying or limiting equal access for all persons, including prisoners or
detainees, minorities, asylum seekers and illegal immigrants, to preventive, curative and
palliative health services…” (para.34). In the General Comment, the Committee interprets
article 12.2(b) of the Covenant to include safe and hygienic working conditions, preventive
measures in respect of occupational accidents and diseases and the minimization, so far as
is reasonably practicable, of the causes of health hazards inherent in the working
environment (para.15). The Special Rapporteur requested that the Government to take all
necessary measures to guarantee that the rights and freedoms of the above mentioned
person are respected and, in the event that the investigation supported the allegation, the
accountability of any person responsible of the alleged violations be ensured and
preventative measure be put in place.
126. On 23 December 2013, Ms. Nadezhda A. Tolokonnikova was early released under a
newly passed amnesty bill.
(b)
UA 05/11/2103 Case No. RUS 10/2013 State reply: 03/12/2013 Allegations of forced
labor in prison camp, mistreatment, denial of access to consel, and secret transfer of
prisoner.
127. The Special Rapporteur thanks the Government of the Russian Federation for its
reply, dated 3 December 2013, to this communication in reference to allegations concerning
the treatment in detention of Ms. Nadezhda Tolokonnikova from September to October
2013. This communication was a follow-up and update on an urgent appeal submitted on 8
October 2013 related to allegations of forced labour in prison amounting to slavery, which
reportedly resulted in retaliation by prison authorities, a hunger strike by Ms.
Tolokonnikova, and her hospitalization. According to the additional information received,
after Ms. Tolokonnikova’s lawyers were denied the right to see her in prison camp hospital
LPU-21, she was transferred by means of physical force to her former prison camp IK-14
on 17 October 2013. Three days later, Ms. Tolokonnikova was reportedly taken to the
transit section of prison camp IK-18, where her lawyers were again denied access, and
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