Convicts’ rights protection in the facilities of Tavda

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On 6-8 October 2014 as a part of the project «Public service for penitentiary control» there was a human right trip of experts — Larisa Zakharova and Roman Kachanov to Tavda in the Sverdlovsk region in order to provide convicts with legal help in the penal colonies № 26, 19 and besides to participate in  a court hearing.

On 7 November 2014 attorney Roman Kachanov without any problems met with convict F. who was a subject to unlawful repressions of administration of the facility because he tries to uphold his rights with all the legal means. (he won a lawsuit against warden of the colony upon denial of admission of his defender -S. Malyugina; he won a lawsuit when Supreme Court declared p. 119 of Order of Ministry of Health to be illegal). F. himself considers that not only administration of the colony persecutes him but also the Federal Service for Execution of punishment because of human rights activity of his defender — Svetlana Malyugina in particular after convicts of the penal colony № 63 told about tortures in there; it resulted in inspections by authorities and the representatives of Ombudsman.

After legal consultation for convict F. there was a court hearing upon civil case about challenging disciplinary penalty in the form of 15 days and nights in solitary and 1 year of ward-type room detainment. These penalties were imputed because as if he didn’t say hello to jailers. Court hearing took place on the grounds of the penal colony № 19 at the office of warden with participation of a convict himself.

There was a questioning of witnesses — officers from the colony, also examination of videotape; hence it follows that convict F. greeted everyone — either officers and other inmates. Specifically for that «no hello» a convict got a disciplinary penalty for 1 year.

However somehow a court was not satisfied with that videotape — after 4-hours court session, judge has handed down a decision to reject an appeal. This decision will be challenged asap.

Larisa Zakharova has met with convict Kh.in there; we have monitored his life since 2012. After «repression» in the form of transfer from the penal colony № 47 to ward-type room of the colony № 63 where several convicts tried to protect their rights. Many times we have visited this convict.

In spring of 2014 convict Kh. was paralyzed partly but in the course of inspection he didn’t say it to members of Public Monitoring Committee that he was standing on the one leg having suffered from huge pain. Why. We might only guess.

This time relatives of this convict have addressed to us worrying for his health condition; they have asked to visit him and find out if we needed help including court procedures.

The thing is that convict Kh. has served since 1996 but an appeal he decided to write only now before release. In ward-type room he didn’t have such an opportunity.

«With convict I met without any problems, warden of the facility studied my papers, asked some questions, we talked and he allowed to have a meeting. Everything is within law. Inside of the colony there were no questions, officers were polite. At the room for short-time meetings, as it’s supposed to be. I’ve conducted legal consultation upon how to challenge a decision of court about bringing execution of sentence in compliance with new penal code, a decision of court about putting administrative supervision; also about incorrect medical delivery in the penal colony № 63 where convict Kh. has gone through disciplinary penalty in the form of ward-type room detainment twice and been a subject to physical and psychological violence by other inmates what resulted in harm to health»,- says Larisa Zakahrova.

In the penal colony № 63 there was no problem either. Officers were as usual polite, offering to expect for a while in new waiting room.

The representatives of administration showed up quickly, checked documents and walked inside where expert of Fund «For convicts’ rights protection» — Larisa Zakharova inspected convict K. who told that he fears for his life in case of transfer to ward-type room of the penal colony № 63.

These fears appeared after an officer of law-enforcement authorities has visited him. He was interested in details of investigation saying that if convict K. doesn’t speak, he won’t be released.

Conversation took place in the presence of th.e representative of the colony, as room for short-time meeting was occupied. Convict wasn’t scared to speak; obviously there was nothing to hide and asked to keep an eye on him. Before release he has 6 months left.

The representative of human right organization conducted legal consultation; gave explanation; made a decision  to provide him with legal help constantly.

Generally, Tavda colonies don’t raise concerns in the field of human rights. Some isolated cases probably happen upon some officers towards inmates.

Powered by the project » Public service for penitentiary control » and based on Agreement about allocation of Grant №179/2014 with «CIVILIAN DIGNITY».

Human rights defenders of the Urals.

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