CCPR/C/118/D/2152/2012
author suffered from any parasites during his time in the detention centre. At the time of
submission, the author was suffering from osteochondrosis and was having treatment.
6.6
The State party denies that the author was ever held in cell No. 35 and maintained
that in cell No. 33, which is 11.4 m2 in size, he was only held with one other detainee and
that he always had an individual bed and bed linen.
6.7
The State party maintains that the “reasonable statute of limitations” regarding the
author’s allegations has expired, since more than six years had passed since the alleged
violations of his rights and more than two years have passed since the courts rejected his
complaint. The State party also reiterates its submission with regard to the author’s
application to the European Court of Human Rights.
6.8
The State party further submits that there is no record of any conflicts between the
author and his cellmates in the detention centre and that the author himself never filed any
complaints with the administration of the centre regarding degrading treatment by other
detainees or violations by officers in the detention centres. The register of personal
complaints at the detention centre lists a number of occasions when the author addressed
requests to the administration. All those requests were dealt with in accordance with the law
and without discrimination. 4 The State party notes that the alleged violations were subject
to judicial proceedings in the law suit of the author against the administration of the
detention centre and the Ministry of Finance and the Treasury Department of the Komi
Republic. The lawsuit was rejected on 29 May 2009 by a decision of the Syktyvkar City
Court. The author also filed a complaint claiming that documents presented to the Court by
employees of the detention centre were faked and requesting their criminal prosecution.
Those claims were investigated by the Syktyvkar investigative department of the Russian
Federation Investigative Committee which refused to bring criminal charges against the
employees of the centre. The legality of that decision was verified by the General
Prosecutor’s Office of the Russian Federation and no grounds to revoke it were found. The
State party concludes that no violations of the author’s rights under articles 7, 10 (1) and (2)
and 26 of the Covenant were committed during his detention in detention centre No. 1.
Author’s comments on the State party’s observations on the merits
7.1
On 7 August 2013, the author reiterated his allegations regarding the period that he
spent in the rubber cell. He also noted that the State party had admitted that he had been
held in the punishment cell, providing the explanation that it was not recorded because he
was there not as a punishment, but for his own protection. He reiterates, however, that he
was held in the punishment cell for one and a half months and not for two days, as stated by
the State party. He further notes that the State party confirms his claim regarding the
existence of a loudspeaker in the corridor of the detention centre and reiterates that it was
used to play the radio extremely loudly in order to prevent conversations. He further notes
that even if in 2003 the shutters were removed from the windows of the detention cells, that
was not the case for the punishment cells and further maintains that the window in the
punishment cell where he was kept was covered with a metal sheet with small holes in it
that did not allow adequate light and air into the cell. He further notes that the State party
failed to provide information on when the heating season would start, reiterates his
submission regarding the cold in the rubber cell and maintain that the State party’s
submission also mentions that he was suffering from an acute respiratory infection on 20
September 2006.
7.2
The author also maintains that three of his cellmates (names on file) suffered from
psychiatric illnesses and that one of them put psychotropic substances in the author’s food.
4
The State party does not specify the nature of the requests listed in the register, nor does it provide
copies of documents or any details.
7