On an inspection for compliance with the rights of citizens in enforced detention in Pre-Trial Detention Centre No. 3 Chelyabinsk (Federal Penitentiary Service for Chelyabinsk Region)
Date of inspection: 21 June 2013
Address of the institution: 66A, Artilleriskaya Street, Chelyabinsk, 454038
Director of the institution: Polyansky, Aleksandr Mikhailovich
Maximum number of detainees 723 individuals; at the time of inspection there were 804.
Members of the Independent Monitoring Commission Latypova D.A., Shchur N.A., Shchur T.M. inspected the institution from 12.30 until 15.51.
Purpose of the inspection – to investigate the reaction to the previous inspection.
RESULTS OF THE INSPECTION
List of places inspected: rooms for investigative procedures, transit section, women’s section duty office, duty office No. 10, cells 23, 045, 100, 112, 117-119, 132, 136.
The Commission notes the following:
1. There had been no reaction to the observations made by the former inspection concerning the rooms for investigative procedures: these rooms continue as before to have not even the basic conditions necessary for prisoners to be able to examine the materials of their case.
2. On the premises of the pre-trial detention Centre the construction of a new building has begun for 250 detainees. It is planned to open the new building in 2015.
3. At the women’s section duty office and next to the office of the investigative department were found so-called “glasses” that had the appearance of being lived in. In the presence of the commission in the “glasses” of the women’s section’s duty office, metal benches were cut up using an industrial torch.
4. A number of persons who had been convicted were found in the pre-trial detention centre who, without being given any explanation of their procedural status, had been removed from penal colony No. 6 in the Chelyabinsk penitentiary system on 25 April this year for certain “investigative procedures” to be conducted. No investigative procedures had been conducted with them since they had arrived at the pre-trial detention centre. Reports on this were given to the administration of the pre-trial detention centre.
At the time that the reports were made, the period for which these persons could be held in the pre-trial detention centre as established by the investigator, had expired, but the prisoners had not been sent back to the penal colony.
5. Arniudaev H.L. was discovered in the pre-trial detention centre who had been brought from penal colony NO. 6 on 18 April 2013 “on the basis of an instruction by the federal penitentiary service for Chelyabinsk region № 76/ТО/18-5907 dated 10.04.2013,” according to the records of the administration of the pre-trial detention centre.
Attitude of the colony’s administration to the Commission’s work
The administration of the pre-trial administration centre, and the head of the isolation block in person, assisted the work of the commission in every way possible and conducted themselves helpfully and correctly.
Kadnikov A.A., an officer of the federal penitentiary service, accompanied the commission in during the inspection.
The administration of the pre-trial detention centre promised to hold a reconstruction of the rooms used for investigations within one week (before 1 July 2013) in accordance with the observations of the commission.
CONCLUSIONS OF THE COMMISSION
1. Citizens of the Russian Federation were found in the pre-trial detention centre whose constitutional rights (Articles 21, 22, 50 of the Russian Constitution) are being violated by the administration of the federal penitentiary system in Chelyabinsk region.
2. The commission demands that prosecutors investigate the fact that Arniudaev N.L, who has been convicted by a court, was placed in a pre-trial detention centre for a prolonged period on orders of the federal pentitentiary service. In practice, the leadership of the federal penitentiary service on their own initiative changed the regime under which Arniudaev N.L was being held in accordance with his sentence.
3. The premises for the conduct of investigations need to be immediately reconstructed.
Members of the Public Oversight Commission
26 June 2013
Public Oversight Commission
For conducting public oversight of compliance with human rights standards in places of enforced detention in Chelyabinsk region45, Elkina Street, Chelyabinsk, 454000
Group of observers under the leadership of N. A. Shchur
(Latypova D.A., Prikhodkina V.Yu., Shchur N.A., Shchur T.M.)
Chelyabinsk regional public foundation for the support of democracy‘Urals Democratic Foundation’ 16-A, Ostrovsky Street, Chelyabinsk, 454008
Tel/Fax (351)7910522, e-mail: email@example.com
Published on Human Rights Defenders of the Urals