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You can not bow his head, get on the neck (Case number 21)

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According to Azat, ten prison officers beat him for what he suffered neck chondrosis.

 

 

2 March 2004 at Human Rights Centre of Kazan received a statement from Safuanova Rinat to conduct a public investigation into the use of staff UE 148 / T Tchistopol illegal measures of physical and psychological impact on his brother Safuanova Azat, serving a sentence in the institution.
From conversations with Safuanovym Rinat has learned that on Feb. 20, 2004, in the area 12 hours on his cell phone call from an unknown woman. She reported that on the morning February 20, 2004 when they searched the chamber staff UE 148 / T Tchistopol was beaten by his brother
Safuanov Azad, who is serving a sentence in the facility. February 21, 2004 Rinat arrived in Tchistopol in UE 148 / T to learn about the circumstances of the incident. But none of the administration UE 148 / T to communicate with him did not agree. Two days later he again came to the institution, at the entrance, he was informed that Safuanov Azat is in isolator (punishment cell). The same day, Rinat met with Deputy Attorney Tchistopol, which informed him that on his brother opened a criminal case under part 1 of article. 318 of the Criminal Code (use of violence against the authorities). After visiting the prosecutor Rinat has contracted with an attorney on the provision of interest Safuanova Azat. February 25, 2004, counsel and the investigator Chistopol prosecutors arrived at the UE 148 / T Tchistopol, but to enter the territory agencies have failed. The governor explained his refusal to let them to Safuanovu Azat fact that the Prison works committee. February 27, 2004 Safuanov Rinat came to the chief agency for private reception, where he learned that on Feb. 20, 2004 during a search of the camera, his brother Safuanov Azat wantonly attacked the guard and began to choke him. The same day, Rinat met with the investigator Chistopol prosecutors, who said that he had sent a criminal case to prosecutors Azat Nizhnekamsk Supervisory IW. March 1, 2004 Safuanov Rinat hired a new lawyer, who on the same day went to prison to Safuanovu Azat
Safuanov Azad said that on Feb. 20, 2004 in 8 hours and 15 minutes during a personal search conducted by members of UE 148 / T, the officers demanded that the prisoners at the exit from the chamber to bow his head forward. Since Azat in this period developed cervical chondrosis, to bow her head low, he could not. Safuanov Azad tried to explain it to the guard. In response, it became immediately beat 8-10 employees standing near the prison. The beating lasted about two minutes until Safuanov Azat lost consciousness. To name names, positions, characteristic signs of staff Safuanov Azat can not, because at the time of the first attack buried his face in his hands, and during body searches, he stood back to them. Prison officials struck indiscriminately: the face, head, back, hands, legs, all over. Punched feet, hands, rubber truncheons. From the words, Azat, during the beating in his address on the part of prison staff were threatened: "Now your head so you just throw that never lift!" Insults in the form of foul language. He came from a sharp smell of ammonia, which gave him a nurse. After Azad came to, he was taken to the medical room, where they stitched on the upper lip.
After the incident, Safuanova Azat put in isolation cell for 15 days, anything with him without explanation. During the inspections, which take place in isolation cell twice a day, Azat, he said, also was beaten. It lasted four days: from 20 to 24 February 2004. Safuanov Azat can not identify beating him SHIZO staff, as before entering the chamber, they demanded from Azat, stand facing a wall.
In order to verify information received from Safuanovyh Rinat and Azat, interviews were conducted with witnesses to the incident, S. and A.
We studied the documents:
1.Vypiska of medical records Safuanova Azat Yolduzovicha;
2.Postanovlenie to bring charges Safuanova Azat Yolduzovicha on March 10, 2004.
C. in an interview said that on Feb. 20, 2004 about 8 o'clock they were led from the chamber, one in the corridor for the search. Before SA came Safuanov Azat. The guards withdrew from the total flow C. and left the chamber as a witness during a search. Two minutes later heard a noise in the S. hallway and saw that someone beat the guards. Later, S. learned that beat this Safuanova Azata.Posle S. Azat not seen. In addition, S. reported that in the morning on Feb. 20, 2004 Safuanov Azat was in normal physical and psychological condition, no visible injuries he was not.
A similar explanation given A. In this case A. additionally reported that when the prisoners were taken out of the camera in the corridor, there were about thirty of prison staff, including the bosses. In addition, one of the prison staff, seeing Safuanova Azat, said that it should leave. Once all have brought to boxing, from the corridor were heard moaning Azat. It seems that Azat beat in the hallway. After that A. Azat no longer seen. Also, AA said that in the morning on Feb. 20, 2004 Safuanov Azat was in normal physical and psychological condition, no visible injuries he was not.
Extracts from the medical records Safuanova And bated on February 20, 2004 stated that he had found extensive bruising of the chest from behind, contusions of the lower, middle third of the right shoulder contusion in the right shoulder joint, tear-contused wound of the upper lip on the right.
Order of March 10, 2004 to prosecute an accused Safuanova Azat Yolduzovicha stated that he was accused of committing a crime under Part 1 st.318 CCRF.
Thus, analyzing the materials testing, we can assume that the actions of unidentified members of REs 148 / T Chistopol elements essential to the crimes referred to "a, b" h. 3 st.286 Criminal Code - the commission of official acts clearly outside the his powers, which involve a substantial breach of the rights and lawful interests of citizens with violence and special equipment (stick rubber).
Also in action unidentified staff UE 148 / T g.Chistopol discernible signs of art. European Convention on Human Rights and Fundamental Freedoms. Because if the individual deprived of his liberty, the use of physical force against him when it is not strictly necessary because his behavior is an affront to his dignity and a violation of the rights guaranteed by Article 3. As the members of UE 148 / t g.Chistopol were representatives of the State in the premises UE 148 / t g.Chistopol subjected Safuanova A.Y. inhuman and degrading treatment, causing him bodily harm. With regard to persons deprived of liberty, any use of physical force, which was not indispensable because of his own conduct demeans their human dignity and is in principle a violation of article 3 of the Convention (Decision of the European Court of Human Rights on December 4, 1995 "Rabici (Ribitsch) v. Austria ").
In addition, on the basis of the European Court of Human Rights, under Article 3 of the ECHR, it should be noted the vulnerability Safuanova A.Y, because he was under the control of the state. Maybe the injuries suffered by Safuanovu A.Y may seem easy enough, but they constitute evidence of physical force against him, therefore he was at a disadvantage, such treatment has the character of both inhuman and degrading (Decision of the European Court of Justice Human Rights on 27 August 1992 Tomasi (Tomasi) v. France).
Based on the foregoing, I believe:
1.Predvaritelnuyu tested on the material considered complete.
2. Based on the results of the screening can be concluded that in this case, the elements essential to a violation of Article. 3 of the ECHR.
3.Provesti public inquiry.
Specialist public inquiries
Human Rights Centre of Kazan


Chronicle Antiproizvola

2004
November 23
The lawyer provided by the city of Kazan Human Rights Center, filed a petition in Nizhnekamsk prosecutor to oversee compliance with the law in the correctional facility on the RT to prosecute officers Chistopol prison for causing bodily harm convicted Safuanovu AI

December 10
Nizhnekamsk prosecutor's office to oversee compliance with the law in RI RT ruled the refusal.
"Based on the application of special means a finding on the validity and legality of their use. Materials detention updated prosecution. Grounds for its cancellation is not available.


These are the facts gathered in the course of Human Rights Center of Kazan public investigation. All statements and explanations given to citizens voluntarily. Not all of these facts can be confirmed by state authorities. Employees of the Human Rights Centre of Kazan confident that the facts indicate misconduct of agents of the state. Human Rights Centre reserves the right to seek an effective official investigation on them, including international institutions.

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