CEDAW/C/49/D/23/2009
4.7 The State party concludes that the author’s complaint under the Convention is
inadmissible. It claims that the form of the complaint and its content do not
correspond to provisions of the Convention.
Author’s comments on the observations of the State party on admissibility
and merits
5.1 In a submission dated 4 February 2011, the author reiterates her initial claims
and refutes the State party’s argument that the communication is not substantiated
and should be declared inadmissible.
5.2 She further refutes the State party’s contention that no complaints were
submitted to the administration of the temporary detention facility. The author
claims that the head of the IVS facility himself treated her badly, insulting her by
saying that she was “not a woman”. She had described all these facts in the article
“Five days” published in The Brest Courier newspaper. A copy of the article was
enclosed with the complaints she had submitted to the authorities. However, she
stated that it was useless to address complaints to the detention facility’s personnel,
including the head of the facility, in particular because national legislation prohibits
the consideration of petitions by State officials whose own actions/omissions to act
are being challenged.
5.3 The author further contests the State party’s argument that she did not submit
complaints about the conditions of her detention to the Ministry of the Interior; she
claims to have filed numerous complaints with the internal affairs organs. On
19 December 2007, a petition was submitted to the head of the Interior Department
of Lenin District and to the head of the Interior Division of the Regional Executive
Committee of Brest. On 5 February 2008, she filed a second complaint with the
head of the Interior Division of the Regional Executive Committee of Brest. All
those petitions were forwarded to the head of the Interior Department of Lenin
District. Furthermore, after the publication of the article “Five days” in The Brest
Courier, in December 2007 a member of the House of Representatives of the
National Assembly filed a deputy’s motion with the Minister of the Interior
requesting an explanation as to why minor offenders were being detained in IVS
facilities in such inhumane conditions. The Minister requested all materials
concerning the author’s case from the Interior Division of the Regional Executive
Committee of Brest. She was subsequently questioned about the conditions of her
detention and the alleged violations of her rights. This information was provided to
the Minister of the Interior. The author thus submits that her complaints were
examined by internal affairs organs at all levels: district, regional and national.
5.4 The author reiterates that she filed complaints with the internal affairs organs
and the Prosecutor’s Office, and also addressed the courts under the civil procedure
and the procedure for administrative offences. However, her attempts to exhaust
domestic remedies were futile, as none of those remedies proved to be effective.
5.5 In respect of the merits of the communication, the author recalls that the
subject of her communication under the Convention concerns primarily the
discrimination she faced as a woman during her detention in the IVS facility, and
not the conditions of detention as such. She maintains that in the IVS facility of the
Interior Department of Lenin District where she was detained from 11 to 15 October
2007, as in most temporary detention facilities of the Ministry of the Interior, the
staff was comprised exclusively of men from 2002 to 2009. This information was
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