CAT/C/47/D/428/2010
communication, in which counsel for Mr. Kalinichenko expressed concern that his client
could be in danger of being subjected to torture if extradited to the Russian Federation. The
delay in dealing with the communication harmed his standing in the criminal case, since the
search and arrest warrant issued by the Russian courts was the only document justifying his
detention. Moreover, the Supreme Court had turned down an application for his temporary
release on the ground that the judicial process had run its course.
9.3
The State party notes that it does not have any information since 14 May 2011 about
the complainant’s whereabouts or his state of health. It notes that the Russian authorities
have given an undertaking to ensure the complainant’s right to a defence, including the
right to receive the assistance of lawyers in the Russian Federation in accordance with
international law norms and the right not to be subjected to torture or to inhuman or
degrading treatment in accordance with article 3 of the European Convention on Human
Rights, together with the other fundamental freedoms provided for under treaties and
related protocols adopted by the United Nations and the Council of Europe. The authorities
have stated that he will be allowed to leave the Russian Federation after the preliminary
inquiry and investigation processes have been completed or after serving his sentence, if
convicted. The Russian authorities have also undertaken to allow the Committee against
Torture to visit the complainant in the prison where he will be held and to speak to him
alone and in private. A representative of the Moroccan Embassy in Moscow will join the
Committee when it visits the prison to check on his conditions of detention and to ensure
that the necessary guarantees have been provided in this case.
Additional submission by the complainant
10.1 On 23 June 2011, the complainant submitted further information and noted that on
14 May 2011, around 6.30 p.m., he was notified of his liberation from detention; however
when he left the prison, he was re-detained in the interior court yard of the prison by four
unknown men in plain-clothes. He was handcuffed and brought to the airport in
Casablanca. At the airport, he was met by the Russian Consul and an escort. Without any
further explanations or official documents, the complainant was put on the plane and flown
to the Russian Federation.
10.2 The complainant further noted that he was detained in the remand prison No. 1 of
Yekaterinburg and that on 9 June 2011, he was taken to the psychiatric clinic. After he
refused to change his clothes for the clinic clothes and following several meetings with the
head of the clinic, the complainant was returned to the remand prison; however he
continued to be threatened with internment.
10.3 The complainant further shares with the Committee a document addressed to the
Russian investigation officials, in which he states that he will refuse to cooperate in any
investigation until he is provided with the official documentation by the Ministry and the
Moroccan authorities on the legality of his extradition. He submits that his detention is
therefore arbitrary.
11.
On 30 June 2011, the complainant’s parents submitted that, on 27 June 2011, the
complainant was forcibly placed in psychiatric care of the Sverdlovsk Regional Clinical
Psychiatric Hospital. On 28 June 2011, his lawyer was refused a visit without permission
from the investigator. On 30 June 2011, despite the authorization of the investigator to visit
the complainant, the lawyer was refused access. The family further highlights that
according to the Law on Mental Health, any involuntary hospitalization needs to be
authorized by a court; however no court decision has been received by the lawyer or the
complainant’s parents. The complainant’s parents further submit that during his detention
on remand, the author was kept in solitary confinement in freezing conditions without
appropriate clothing, constant light and that he was ill-treated.
11