36
including handcuffs, rubber
batons, ... for:… suppressing
riots and group violations
of public order (group
violations of the established
regime of detention in the
penitentiary system) ... as
well as against persons
who intentionally prevent
employees from carrying
out their legal obligations”.
Since the convicted prisoners
were in the corridor of the
disciplinary cell and in the
quarantine room the convicts
were present one by one,
and there was nothing to
“deliberately impede” there,
except for the unlawful
requirements of the staff: to
wash the floor with their bare
hands in the toilet or to shout
obscenities, there were no
grounds to use special means
in relation of the convicts.
According to Paragraph
3 of Article 104 of the
Correctional Code of the RoK
“Convicted ... has no right: …
to resist the lawful actions of
the staff of the institutions”,
this means that if the actions
of the employees are illegal,
then the convicts have
the right to resist these
actions. And such resistance,
CONSOLIDATED REPORT
especially with all kinds of
humiliation of human dignity,
should be recognized as
legitimate. Of course, this is
quite a fine line of relations
between employees and
convicts, which can be
determined only by those
who know the legislation
well, constantly improve their
knowledge, correctly imagine
the goals and objectives of
the penitentiary system.
According
to
the
testimony of other convicted
respondents, those convicted
who were subjected to
torture did not take any
actions that threaten the life
or health of employees. These
convicts are not leaders of
the organized criminal group.
Some of them suffer from
serious illnesses, in particular,
one of them has the 3rd
stage of AIDS, one of them
has hemorrhoids, one of
them suffered a hypertensive
crisis, and one has a ruptured
eardrum. The victims were
escorted to a place hidden
from the eyes of the other
convicts precisely for physical
violence and intimidation,
which resulted in torture.
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