The Head of the penal colony № 62 -Gusev is a law violator


In the Ural human rights organizations there are a lot of facts and evidence of arbitrariness, happened in correctional facilities located in Ivdel, Sverdlovsk region. In fact, «IvdelLAG» — part of «Gulag» — belch of totalitarian Soviet past is preserved. Especially a lot of complaints recently received from the penal colony № 62, which has the head -Alexandr Gusev. Facts suggest that Gusev’s appointment to the post of the Head of penal colony № 62 Alexander Gusev makes the situation of human rights on the territory of the correctional even worse and worse. In penal colony № 62, in violation of the Order of the director of the Federal Penitentiary Service of Russia and the international obligations of our country in the field of human rights continue to operate so-called «section of discipline and order», members are empowered to act as administration, and the administration of the penal colony «with their hands», engaged in extortion from the convicted and their families, otherwise, prisoners are tortured, humiliated and administration fabricates disciplinary action to make worse their conditions of detention. Such actions of the administration led to extremely negative consequences, namely in the penal colony № 62 almost every year riots of prisoners occur as a result of which there are dead and injured.

A striking example: in April 2011 there was a mass fighting between «ordinary» and «prisoners- activists.» Now in the Sverdlovsk regional court criminal case on those events is being processed. In the plot of the charges in this criminal case it is written that the victims are convicted, «maintaining discipline and order in the colony.» Even Ivdel prosecutors are not independent from the penal colony № 62б, recently often forced to note the existence of huge violations of prisoners’ rights. These months (October 2012 — January 2013), there is a tendency when  the head of the colony Gusev denied access to human rights defenders and lawyers in those cases where, according to available information from human rights activists, where prisoners were beaten or humiliated. With convicts who do not complain about the violence, meetings are provided not once. We may suggest that by unreasonable refusals for meetings, Gusev is trying to hide committed crimes against prisoners, as he understands that during these visits defenders or lawyers may become unwitting witnesses of such crimes, and after the visits may file a complaint to the police.

In these cases, Gusev makes up any y illegal reasons to refuse (for example, the lawyer does not provide the agreement for legal help between prisoner and lawyer, which is the lawyer secret, if there is no by lawyer or a representative of the human rights organization the power of attorney of the convicted, if there is no a notarized statement from the relatives of the convict with a request to provide a legal help.) Any lawyer who specializes in the field of legal assistance can say that all of these «reasons» have nothing to do with the law. Typically, Gusev in order to refuse to lawyers and human rights activists also uses tactic of forcing the prisoners through the use of physical or psychological violence or threat of disciplinary violations that they do not need their help. In consequence, when such prisoners happened to be into other correctional facilities during meetings, they explain that they really did not want to refuse from lawyers and human rights activists’ help. Human rights activists have numerous claims about it. In the penal colony № 62 there is an implicit moratorium on the legal assistance to convicts. It was done on purpose, in order to make this colony close, so that no negative information about it comes out of the colony.

The main problems previously revealed by human rights activists in the penal colony are the following:

1. There are different forms of torture and violence.

In particular, the presence of physical abuse from the administration and the so-called convicted activists,» beating causing badl harm to the health of those convicts who are taking action to protect their rights (attempts complaint, attempts to meet with lawyers, etc.). Most prisoners, contrary to the Criminal executive Code of the Russian Federation, held in one man cells with the specific purpose of beating in the absence of witnesses. Moreover, such prisoners are beaten by a plastic bottle full of water, which leaves marks on the body. In terms of actual inactivity Investigation department of the Russian Federation in the Sverdlovsk region, such criminal actions are left without charge. New personnel adopt «best experience» of the previous  and «embedded» in the inhuman system of tyranny and lawlessness. A horrible example — beating of convicted D.V. Kavalerov, who went to the hospital of prison-55 from penal colony-62 with a diagnosis of abdominal trauma, a lacerated spleen, acute blood loss 2-3 stage shock 2-3 stage. This convict was in a coma, close to death, and during the operation he had been removed the spleen. However, the examination showed that the prisoner fell, leaving their toilets. All the obvious absurdity of the result of the conclusion set out the circumstances of what happened with Kavalerov. In this case Kavalerov refused to meet with a lawyer and human rights defenders, he wrote that the cause of his diagnosis were «health problems». The reasons for this refusal were not explained. Human rights activists believe that Kavalerov has been subjected to pressure in order to hide a crime against him. Next our visit convicted in the penal colony -62 prisoner L. came to meet us, who did not speak, and explained us that he had a broken jaw and it was difficult to talk for him, here we were surprised. Who broke his jaw and under what circumstances, convicted wrote in the explanation, which gave us. We immediately went to the prosecutor’s office and wrote a complaint. After that we couldn’t get to this prisoner. According to the convicts other forms of torture are used there for example, the «standing» in the so-called quarantine №2. As a result, even feet of healthy people start to hurt, swell, turn blue, there are chronic venous diseases of the legs. Also according to the convicts under the threat of physical violence, they are forced to write false explanations that they have committed a disciplinary offense for which they are illegally placed in punishment rooms, in the case of writing a truthful explanation that the convict did not commit a disciplinary offense — this explanation is thrown away.

2. The presence in the penal colony № 62 of different forms of degrading treatment.

Prisoners are forced several times a day to pass a search of body cavities where the aim is not the detection of prohibited items in the anus, but humiliation of prisoners. In addition, these searches are not even conducted by medical personnel but by convicted –activists, that make conflict situations there. A striking example is the massive bloodletting by convicted from different regions in the penal colony  -62, in February-March 2012 The reason for such situations is information about the systematic violations of the law existing in colony-62, including the practice of illegal and humiliating «anal searches.»

3. The presence in the penal colony № 62 of slave labor.

There have been numerous cases when prisoners were forced to work (not in order of improvement works — art. 106 of criminal code) in heavy and dangerous conditions without employment, wages, regularly — at night.

4. The presence in the penal colony № 62 of systemic problems with sending correspondence to the prosecutor, the police, the courts, human rights organizations. According to all the convicts with whom human rights defenders managed to meet, such claims of convicted, contrary to the Act, censored and just not being sent.

At the moment, human rights defenders sent four claims tothe courts.

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