CCPR/C/118/D/2152/2012
threatened by other detainees, but the administration ignored his requests to be placed
separately from the general population. The author suffered from different illnesses
(headaches, earaches, depression) but he did not receive adequate treatment. 2 On days when
he was taken to a court hearing, he was woken up at 6 a.m., kept for three hours in a
transfer cell in the basement and transported to the court in a truck, in which he was obliged
to sit on a wooden bench. In the court building he was kept all day in a cell, which
measured 1m x 3m, despite the fact that hearings usually took only a few minutes. He was
not provided with any food and only allowed to drink water from the tap when he was taken
to the toilet. He was returned to the detention centre only after dinner time, so on days when
he had court hearings his only meal was breakfast.
5.4
On 7 September 2012, in his comments on the State party’s observations, the author
submitted that the Syktyvkar City Court had completely ignored his complaints regarding
his detention in the punishment and rubber cells and the testimonies of his cellmates that he
presented as evidence. He submits that he provided a detailed description of the interior of
the rubber cell and the punishment cell, as evidence that he had been placed in those cells.
5.5
The author also submits that on 1 March 2010, the Supreme Court of the Komi
Republic rejected his request for a supervisory review, stating that no serious violations of
the material and procedural rules had been committed by the lower courts. The author
maintains that any further appeals in the Russian Federation would be pointless. He also
submits that a request for a supervisory review by the Supreme Court of the Russian
Federation is not considered an effective remedy and that the Constitutional Court has
limited competence and would not review the issue of compliance with an international
treaty.
5.6
The author challenges the State party’s submission that article 10 (2) of the
Covenant is not applicable to him, since he was detained in the detention centre in the
capacity of an accused person between 1 September 2006 and 28 August 2007, when the
verdict against him entered into force. He also submits that his correspondence with the
European Court of Human Rights did not yield any results, since his application was
rejected because he had missed the deadline for submission.
5.7
The author further maintains that in violation of article 2 (2) of the Covenant, the
State party did not provide effective measures against the illegal or unregistered placement
of a detainee in the rubber cell. He also submits that the State party failed to provide
information on when the heating system was turned on in the detention centre and reiterates
that he was kept in underwear in the rubber cell in very cold temperatures. 3 He also
reiterates that the State party has failed to provide an explanation as to why he was detained
with mentally ill and convicted detainees. He also submits that he was placed under
monitoring on 2 September 2006 as a person inclined to commit suicide.
State party’s observations on the merits
6.1
On 28 March 2013, the State party submitted that in accordance with the internal
rules of the pretrial detention centre, approved by order No. 189 of the Ministry of Justice
of the Komi Republic on 14 October 2005, upon arrival detainees are placed in a common
cell for no more than one day. The author arrived on 1 September 2006 and was placed in
common cell No. 1. On 2 September, he was moved to cell No. 66. Upon arrival, the author
2
3
The author submitted a letter from a fellow detainee, describing the author’s poor health, which was
allegedly presented as evidence in court, but was ignored.
The author submitted a copy of a note from the medical service of the detention centre, stating that he
requested medical assistance on 20 September 2006, because he had a cold; that on 2 February 2007
he was suffering from dermatitis; and that on 16 June and 4 September 2007 he was suffering from
post-traumatic encephalopathy.
5