A/HRC/25/60/Add.2
placed on a convict transit train headed to the Eastern part of Russia. At the time of the
communication, Ms. Tolokonnikova’s whereabouts, which remained unconfirmed by
officials, were unknown to her lawyers and her family and serious concern was expressed
about her health and safety. In its reply, the Government verified the information contained
in the communication, and stated that on 23 September 2013, Ms. Tolokonnikova was
transferred from her prison camp, IK-14, to a secure location for a period of 30 days, after
she submitted a letter stating her intention to begin a hunger strike and containing a request
to ensure her safety because of threats and physical intimidation on the part of officials and
prisons in prison IK-14. The Government explained that Ms. Tolokonnikova’s complaint
was dismissed on 26 September in a decision not to investigate the allegations or institute a
criminal case under the Criminal Procedure Code, and safety and security measures were
discontinued. It is further provided that on 29 October 2013, the dismissal of Ms.
Tolokonnikova’s complaint was revoked by regional authorities in the Republic of
Mordovia, who requested an examination of the reasons behind the decision not to
investigate or sanction prison IK-14 officials. The Government denied allegations that any
of Ms. Tolokonnikova’s visitation requests were refused, and affirmed that she was allowed
to communicate with her lawyers and a human rights expert from the State Duma on eight
occasions. The Government holds that Ms. Tolokonnikova was legitimately denied a visit
with her lawyer on 22 October 2013 under Article 89 of the Criminal and Executive Code,
which only permits meetings with lawyers on the territory of correctional facilities, because
at the time she was in transit between correctional facilities. The Government further
submits that Ms. Tolokonnikova was provided adequate medical care and regular
examinations whilst in detention, including hospital treatment between 29 September and
17 October 2013. The Government lastly provides that due to a possible threat to Ms.
Tolokonnikova’s life and health in prison IK-14, she was ultimately transferred to the KTB1 correctional facility in the Krasnoyarsk Region, that authorities notified her relatives of
her arrival in accordance with regular procedures, and that her health condition was
considered satisfactory whilst she continued to undergo appropriate medical treatment and
examinations. The Special Rapporteur thanks the Government for its detailed response
clarifying Ms. Tolokonnikova’s whereabouts at the times referred to in the communication.
The Special Rapporteur notes that, in late 2013, Ms. Tolokonnikova was pardoned and
released from prison, for which he commends the Russian Government. Nevertheless, the
State’s response did not address the allegations of forced labour in prison amounting to
slavery, or the mistreatment of Ms. Tolokonnikova by prison authorities in the IK-14
colony as retaliation for her complaints, nor does it explain the outcome of the investigation
conducted into these allegations. In this context, the Special Rapporteur expresses
continued concern for the welfare and rights of persons who may continue to be subjected
to forced labour in this prison. The Special Rapporteur draws attention to article 4 of the
Universal Declaration of Human Rights and article 8(1), (3)(a) of the ICCPR, which
prohibit slavery, and to articles 71-76 concerning prison labour in the Standard Minimum
Rules for the Treatment of Prisoners, adopted in resolutions 663 C and 2076 of the United
Nations Economic and Social Council, which provide minimum standards related to
conditions for work and state, inter alia, that “prison labour must not be of an afflictive
nature” The Special Rapporteur calls on the Government to undertake a prompt and
independent investigation into all such allegations, leading to prosecution and punishment
of perpetrators, and to provide full redress to the victims’ families. The Special Rapporteur
also encourages the Government of the Russian Federation to continue its engagement with
the mandate.
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