Orenburg penitentiary has paid for rights’ violations

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Оренбургская колония поплатилась в екатеринбургском суде за нарушение права на юридическую помощь

Today on 6 April 2015 at the Zheledorozhy courthouse in Yekaterinburg civil case was examined upon denial of access of Svetlana Malyugina to convict Pavel Neupokeoyev at the penitentiary-8 in the Orenburg region.

Let’s recall that on 22, 23 and 24 December 2014 Svetlana Malyugina as a representative of Fund «For convicts’ rights protection» as well as representative of convict Neupokeoyev was not admitted to him.

On 22, 23 December administration of the facility refused to provide Svetlana Malyugina with a meeting without any reasons and administration didn’t leave marks about reasons of denial as it is supposed to be according to p.68 of Rules of Internal Conduct.

On 24 December chief of the penitentiary-8 A.V. Kaftan left a mark: «Not allowed according to art.118 of the Correctional Code» because this convict was in solitary.

All references of Svetlana Malyugina to laws and norms and decision of the Constitutional Court in 2003 upon the case of Z.R. Shengelaya that restrictions on meetings if a convict is in solitary do not refer to meetings for the purpose of provision of legal aid.

Due to this human rights defender had to go to court with claim according to p.25 of the Code of Civil Procedure in order to declare conduct of administration and chief of the facility on 22, 23 and 24 December 2014 to be unlawful, also to encharge Chief to remedy the violation and provide defender with meeting.

So today court hearing has taken place chaired by judge of the Zheledorozhy courthouse: Elena Bochkareva who has satisfied the claims.

Court decision will be posted here as soon we get it.

Fight of Human Rights defenders of the Urals for convicts’ rights is going on. Positive court practice we would like to spread across the country.

Human rights defenders of the Urals

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