A/HRC/19/61/Add.4
showing Mr. Samujlenkov hanged from his cell were staged by authorities. The
Government reported that on 22 April 2011 the Investigation Committee of the Russian
Federation decided “not to initiate a criminal case due to the absence of criminal intent.”
The Government acknowledged that “officers used physical force and special means”
against Messrs. Mamukov, Aivaseda, and Sakhabaev, which “resulted in [their] death.” The
Government reported that “[a]ll together, 18 officials of the criminal correctional system in
Chelyabinsk Region of the Russian Federation were charged with criminal offense[s] and
put on trial,” and indicated that sentencing had been set for 24 May 2011. The Government
reported that the Investigation Commission of the Russian Federation opened a criminal
case for the offenses of “exceeding official powers” and “intentional infliction of a grave
injury [involving] death of the victim by negligence.” The Government reported that the
head of the Main Directorate of the Federal Service for the Execution of Sentences
(MDFSES) was “severely reprimanded,” nine agents of the MDFSES were given a “strong
incompetence note,” and three others were “reprimanded.” The Government indicated that
in criminal court seven officers of IK-1 were charged with the offenses of murder,
exceeding official powers, preparations for a crime and attempted crimes, and official
forgery; the heads of IK-1 and MDFSES were charged with abuse of official powers,
“concealment of crimes,” “knowingly false denunciation,” and official forgery. The
Government reported that all of the named officials were dismissed from their positions,
including the Head of the MDFSES and the Head of the Security Directorate of MDFSES.
However, the Government did not address the reported death of Mr. Sergei Polyaev, nor did
it provide information regarding the alleged ill-treatment of eight other detainees during the
same incident. Based on the information received, the Special Rapporteur determines that
Mr. Sergei Samujlenkov's death in custody was likely the result of torture and ill-treatment,
and calls on the Government to seriously undertake a prompt, independent, impartial and
effective investigation of the death of Mr. Samujlenkov, leading to the prosecution and
punishment of the perpetrators, and to provide redress to his family members. He also
determines, based on the information provided, that the rights of Messrs. Aivaseda,
Mamukov, Sahkabaev, Polyaev, and the other named individuals under the UN Convention
against Torture have been violated, and calls on the Government promptly and impartially
to investigate the remaining allegations of torture, prosecute and punish the perpetrators,
and provide full redress. The Special Rapporteur is pleased to acknowledge that 18 officials
have been investigated and sanctioned for grave acts of torture as required by international
law. He also calls on the Government of Russia to provide updated information on the
outcome of the sentencing of the 18 security officials placed on trial and any measures of
redress or compensation awarded to victims.
(e) JUA 08/04/2011 Case No. RUS 6/2011 State reply: 01/06/2011 Alleged excessive use of
force by the police.
135. The Special Rapporteur thanks the Government of the Russian Federation for its
reply, dated 1 June 2011, in response to this communication in reference to the alleged
excessive use of force and ill-treatment used by security forces against Mr. Magomed
Khazbiev, member of the Expert Council under the Human Rights Ombudsperson of the
Russian Federation, and his brothers Berd and Murad. The Government indicated that Mr.
Khazbiev and his brothers organized a demonstration that illegally blocked traffic and
began throwing stones at law enforcement officers, confirmed that they were detained by
military officers, and reported that they were allowed to contact defense counsel and
relatives but that Mr. Khazbiev “refused the help of (defense) counsel.” The Government
reported that Magomed, Berd and Murad Khazbiev were found guilty of an administrative
offense (“failure to comply with the lawful demands of militia officers”) and sentenced to
10 days, 5 days, and 1 day administrative detention respectively, and the decisions were
upheld on appeal. The Government did not report on the alleged acts of ill-treatment,
including beatings and denial of medicine. The Special Rapporteur draws the Government's
59
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents