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Betreff: [ANAR.wien] MBHR Statements
Datum: Mittwoch, 18. Jänner 2012 18:32
Moscow bureau for human rights
115455 Moscow P.O. Box No 6.
Tel.: (495) 670-69-75, +7-926-936-72-36
E-mail: humanrights@list.ru
Website http://antirasizm.ru
Director of MBHR Alexander Brod
For reprinting the reference to MBHR is compulsory
Statement of Moscow bureau for human rights in
connection with mitigation of regime for Norwegian terrorist Anders Breivik
“Norwegian shot” Anders Breivik got permission for
meetings with visitors and for contacts with mass media representatives. Ban for
inspection of his mail was cancelled.
It should be reminded that on July 22, 2011 Breivik
arranged a double terrorist act and 77 people perished and more than 50 were
wounded as a result of it. At present the terrorist is in the block for
especially dangerous criminals in “Ila” prison not far from Oslo.
Decision about mitigation of regime for Breivik causes
contradictory feelings. On one hand, the terrorist obviously differs from other
serial murderers that killed children, schoolchildren, students, visitors of
cafes and gas stations in various countries of the world. They were people
either with chronic mental deviations or those who had lived through a sharp
psychosis connected with problems in private life or at work. Breivik also
differs from terrorists-shahids who are ready to give their lives in the name of
their religious views and for the sake of the heavenly paradise.
It was not enough to commit the monstrous terrorist act
for Breivik. Moreover, there is an impression that the terrorist act itself was
just a prelude for possibility to propagate his ideas for him and to tell the
world about his views. Having got a good education, read philosophic literature
a lot and disseminated a treatise of 1500 pages on the Internet, Breivik
declares himself to be an intellectual who warns the world about danger of
Islamization that threatens it. And attempts to rank him among the mental sick
people are hardly appropriate (not just considering the actions for cold-blooded
murder to be a mental deviation but psychiatrists deny this). It was no
coincidence that initial diagnosis about Breivik’s insanity for the moment of
committing crime and his disease of paranoid-schizophrenic character caused
doubt of a group of four doctors-psychiatrists that observed Breivik’s behavior
in the prison for a long time and came to conclusion that he “did not suffer
from mental deviations and needed no treatment medicamentally”. The commission
members also doubt that Breivik may commit suicide. As a result, the decision is
expected about necessity of repeated psychiatric expert examination of Breivik.
Thus Breivik being of sound mind may address the world
with misanthropic ideas freely and with no restrictions, and explain in detail
why Moslems and agents of “Islamization” should be killed. Such an advocacy may
have extremely dangerous consequences just increasing the number of Breivik's
followers that are numerous in England, France and Germany as they are. They are
also available both in Baltic countries and in Russia. And surely mentally
unbalanced people or those as positive of their rightness as their teacher may
be found among them and start to shoot at people. And the fact causes big doubts
whether it ought to provide such freedom of statement to Breivik.
On the other hand the decision about mitigation of regime
for Breivik fits in with the general picture of legal proceedings and state of
prisoners in democratic countries of the West where human rights are piously
observed whoever they would deal with – even with an inhuman murderer. These are
both conditions of keeping in prison that would seem to be a heavenly resort to
Russian prisoners and possibility of contacts with the world – everything that
Breivik got. And no doubt that Breivik knew when he was getting ready to the
terrorist act that his rights including those for the most monstrous propaganda
would be protected by the laws of a democratic state. For example, being in
Russia and knowing what conditions expected him in the prison he would think
dozen times whether his “ideological” crime was worth committing.
Director of Moscow bureau for human rights Alexander
Brod: “Thus the democratic system of society can sometimes cut its own
foundations like this may quite occur in the Breivik’s story. On the other hand,
Russia should also learn how immutable the laws of a democratic state are
requiring rigorous observance of any human rights. At the same time one should
agree with the Secretary-general of Norwegian Press Association Per Edgar
Kokkvold who called upon the journalists to rejecting the interview with Breivik
before the trial. He fairly noted that one must be “idiot and morally blind” not
to understand what a stroke this would be for relatives of victims of the
terrorist act”.
Statement of Moscow bureau for human rights in connection
with progress of election campaign in Kazakhstan
Election campaign to mazhilis (lower chamber) of
parliament is at its height in Kazakhstan now. It is most seriously affected not
just by confrontation of various political groups but also by complicated social
situation in the country that was aggravated abruptly in connection with events
on December 16 in Zhanaozen city where police applied arms against the
demonstration of oilmen and according to some data up to 70 people were killed.
The peak of tragic events fell right on the beginning of pre-election race.
Opposition unregistered coalition “Halyk maidany – People’s front” immediately
demanded from authorities then to postpone election to mazhilis due to
disturbances that took place in Zhanaozen but in vain.
Participants of election campaign note numerous
infringements. The list of such infringements was published by a specially
formed coalition of public observation “Sailau” – its mission is to assist the
voters in implementation of their rights:
-Leaflets, banners and other agitation materials contain
no imprint;
-Use of administrative resource by the governing party
during lease of halls, arrangement of meetings and holding of rallies;
-District election committees don’t provide a chance to
familiarize with lists of voters;
-The committees don’t accept complaints;
-Invitations to election with indication of location of
district committee, date and place of voting lack;
-The election committee often consists of employees of
the same organization;
-People who died or left the country are indicated in the
lists of voters;
-Programs of candidates get uneven interpretation in
local press;
-Candidates are rejected in provision of time on TV;
-Bypassing the law, goods are provided to electors for
free or under privileged conditions, lotteries, charitable actions, payment of
money or provision of food packages are held;
-Preparation of observers is impeded, agitators and
observers are threatened etc.
Many of these accusations are serious enough and relate
first of all to the ruling party – NDP “Nur Otan”. Thus, according to one of
cofounders of “Sailau”, the ruling party hurried with the time of start of
pre-election agitation and placed banners along the road Almaty-Issyk and stuck
posters in Almaty airport not waiting till completion of registration of party
lists.
The Central election committee (CEC), according to the
oppositionists, impedes all the opposition parties and conducts “purges” of
party lists. Thus, during its next meeting CEC announced exclusion of six
candidates from the list of five parties and earlier – of 18 candidates else
basing upon allegedly undeclared big incomes though the lists were registered by
CEC before. Sometimes it deals with ridiculous sums (20 dollars) that were
allegedly concealed by candidates. The regional leader of “Alga” party was
accused of drugs sale.
The Communist party of Kazakhstan was not admitted to
election in advance; one of biggest opposition parties, “Rukhaniyat”, was
withdrawn already during the party race according to the CEC decision, and its
leader Serikzhan Mambetalin announced his intention to go on hunger strike and
called upon another big opposition Common social-democratic party (CSDP) to
withdrawing itself from election too. In fact CDSP is the only opposition party
that continues the pre-election combat, and its withdrawal from election would
make the election illegitimate according to the oppositionists (and experts of
OSCE mission confirmed this). However it seems CSDP does not intend to reject
the election and according to one of its leaders is going to “take part in
election for trying to catch the election falsifiers red-handed”.
Director of Moscow bureau for human rights Alexander
Brod: “It leaves to hope that observers of election – both local and
international – would make all the facts of infringements public and provide an
unbiased estimate of the character of election”.
Statement of Moscow bureau for human rights in connection
with decisions of European Court of Human Rights about keeping of Russian
citizens in places of custody
The problem of keeping of prisoners in Russia is one of
the most burning, and Moscow bureau for human rights tried to attract attention
of authorities and public to this problem more than once. Indeed, shocking
crowdedness of investigatory isolation wards and prisons, lack of proper
sanitary-hygienic conditions and appropriate medical aid make the keeping of
prisoners inhuman. It is no mere chance that so many deaths from diseases are
recorded in places of custody. In addition Russian legislation permits to choose
preventive punishment in the form of custody for persons accused of economical
crimes, and thousands people wait for trial under such conditions as a result of
this, and they are also subject to outrage of personnel. Some people are finally
acquitted without even an apology for long-term keeping in custody and others
don’t manage to live till trial – like in recent sensational cases with S.
Magnitsky and A. Kudoyarov.
It should be noted that international public paid
attention to situation in Russian places of custody more than once and demanded
changes. But either visits of foreign delegations or appeals of human rights
activists produced no special effect.
European Court of Human Rights issued decisions about
improvement of state of prisoners more than once too. Thus, as long ago as in
2002 the European Court, after examining the case “Kalashnikov versus Russia”,
acknowledged keeping of a prisoner for many months in overcrowded wards where
there was no normal ventilation and the toilet being not partitioned off the
living part of the ward in any way, was actually side-by-side with dining table,
to be inhuman. Since that time the court passed more than eighty decisions
concerning dimensions and equipment of investigatory isolation wards in Russia
as well as concerning number of prisoners that are put there. According to the
court statistics, two hundred fifty grounded complaints else about conditions of
keeping in Russian investigatory isolation wards wait for examination.
And now, literally one of these days, the European Court
passed a new decision but in fact repeated the old demands. After examination of
complaints of Sergey Ananyev, Gennady Bashirov and Gyulnara Bashirova who were
kept in custody in various regions of Russia in 2005-2008 and addressed their
complaints to the European Court about conditions of keeping, the Court noted
within the common case “Ananyev and others versus Russia” the lack of physical
space, narrowness in wards, shortage of sleeping places, restriction of access
of light and air into the wards, lack of privacy during use of toilet. As a
result the Court came to conclusion that these infringements can’t be considered
to be separate incidents or occasional coincidence: they are the consequence of
inadequate structure of Russian penitentiary system in general and touch upon
considerable number of people kept in investigatory isolation wards. Having
recognized that Russia made efforts on this way, the Court called upon making
additional efforts for solution of these problems including revision of practice
of application of an arrest. Simultaneously with decision on the case “Ananyev
versus Russia” the European Court made a decision on three other cases
concerning rights of prisoners dealing with right for medical aid and
correspondence of conditions of keeping to the state of health of the prisoner.
Director of Moscow bureau for human rights Alexander
Brod: “Compensations prescribed by the Strasbourg court for former prisoners
would hardly compensate the difficulty of staying in places of custody. Another
thing is more important: examination of their cases should push Russian
authorities to changing anything in the penitentiary system. As the experience
shows, very little is changing in it yet. And strong feeling of shame and
uneasiness appears: it is not enough that European structures must reproach
Russian authorities with inhuman treatment of prisoners (it seems it is very
difficult for Russian officials to apprehend anything themselves) but even these
advices and observations are ignored as usual. And scepsis of Russian lawyers
and human rights activists concerning slightest progress on the way of changes
is very strong: very few people believe that anything would change. It leaves to
call upon Russian ministry of justice, judicial and law-enforcement bodies for
the next time to taking radical steps for change of situation”.
Public observational commissions must play an important
role in improvement of situation. On December 10, 2011 the President of RF
Dmitry Medvedev signed the law introducing amendments into FZ No 76. This law
regulates activity of public observational commissions (POC). From now on
socially orientated NCOs will be also able to render assistance to prisoners.
As the Agency of social information informed, the
amendments introduce new principles of execution of public control as well as
Code of ethics of public observers. But ethic norms for public observers in
colonies and prisons will be determined by the Public chamber of RF but not by
POC members themselves. Head of Moscow public observational commission Valery
Borshchev: “This does not suit us. The POC members should assemble themselves
and discuss all the provisions of the document”. According to him, some members
of the PC of RF consider it necessary to prohibit the public observers to
provide information about results of inspection to the journalists. But
Borshchev is positive that it is necessary to give all the information to mass
media about such resonant cases like “Magnitsky case”.
One more amendment else to the law No 76 causes anxiety
of the expert. >From now on POC will be able to visit colonies and prisons where
emergency regime was introduced only with permission of the head of territorial
FSIN department. “But the emergency situation is the time when presence of
public observers in the colony is necessary: they may decrease the number of
misuses of power and assist in settling of conflict peacefully”, Valery
Borshchev thinks. He gave the recent situation in Butyrsky investigatory
isolation ward as an example when the prisoners started burning the mattresses.
As Borshchev explained, they expressed their disagreement with actions of
administration in this way. POC members helped the management of “Butyrka” to
settle the conflict in non-violent way.
After signing of amendments by the President POC members
will be obliged to visit places of custody “in correspondence with internal
regulations” of these institutions. Such restriction is imposed only on public
observers while public prosecutors and deputies are not restricted in this
right, V. Borshchev is indignant. “This means that POC members may be not
admitted during dinner, and they would not check what the prisoners are fed
with. They would not be admitted during days-off either”, the expert noted. In
general Borshchev thinks that amendments signed by the President on December 10
restrict the rights of public observers.
Statement of Moscow bureau for human rights in connection
with explosion in Moscow restaurant
It is well-known for a long time that history teaches
nothing. But usually this phrase is applicable to complicated historical
phenomena, to behavior of big groups of people during any period of history. It
seems such a rule can’t be applicable to everyday stories, to tragedies caused
by slovenliness, devil-may-care attitude to one’s duties, to non-observance of
elementary norms of community – everything that leads to human victims. But the
regretful regularity is valid here too. Even strict norms of punishment to which
people that showed negligence notwithstanding the norms of law are subject, do
not help.
It should be reminded that in December 2009 the fire in
Perm club “Lame horse” took place – the biggest conflagration in post-Soviet
Russia by number of its victims that caused death of 156 people. The tragedy
took place for a number of reasons, and each of them is a consequence of
disregard of legislative norms. Careless use of cold fireworks in premises with
low ceiling and decoration of willow twigs and canvas led to a fast
conflagration. Breach of construction norms of premises coating, plenty of
furniture and narrow door apertures, lack of emergency lighting, late arrival of
fire brigade – this all enabled big number of victims. Both owners of club and
numerous officials responsible for non-fulfillment of requirements of control
over state of building were called to criminal account.
The fire in “Lame horse” caused the broadest discussion
in the society. The officials were obliged to inspect the state of premises with
mass concentration of people around the whole country and punish strictly for
non-observance of norms of fire and construction safety. Plenty of clubs and
restaurants reported about bringing the premises to normal state. Nevertheless
real changes apparently did not take place – numerous reports from various
regions of the country are the evidence of this:
– a man suffered during gas explosion in trade pavilion
in Krasnoyarsk. It was found out that the pavilion worked illegally;
– in Chelyabinsk the Center of business cooperation burnt
down. According to unofficial data, gas balloons exploded in a restaurant on
another side of the building;
– in Rostov region an explosion took place at gas-filling
station, and two men perished as a result of it. Breach of regulations for
operation of explosive objects is named a reason for explosion;
– explosion at Bryansk poultry factory took lives of two
workers. Criminal proceedings were instituted under clause “Breach of job safety
regulations that caused death of a man through inattentiveness”;
– as a result of explosion in premises of pumping station
of SC “Khabarovsk refinery” one man perished and another one is in resuscitation
department;
– gas balloon exploded on Friday in the building of duty
unit of Railway department of Ministry of home affairs in Ulan-Ude, and five
people suffered according to preliminary data – two electricians and three
militia employees.
Finally, one tragedy else occurred literally one of these
days when explosion in restaurant in the South-West of Moscow took place. Gas
balloons exploded in the kitchen of restaurant, and two people perished as a
result of this and more than 50 people were wounded. It is characteristic that
in January 2011 inspectors of Gospozhnadzor conducted an inspection of the
restaurant building, detected 11 shortcomings and infringements and issued the
order about their removal after that. But it still remains unknown whether the
infringements were removed. It was found out that for cost savings the ovens
were connected to gas balloons, and this led to the explosion.
Director of Moscow bureau for human rights Alexander
Brod: “Would the next tragedy make the owners of public institutions and
officials executing control over them think about their duties? Hopes for this
are quite delusive. During recent year more than 31 thousand corruption crimes
were detected in the country. One third of these crimes fell on bribes.
According to Transparency International data, Russia occupies 143rd place among
182 possible places in rating of corruptness”.
Statement of Moscow bureau for human rights in connection
with situation in Belarus
During all the recent years Belarus is invariably among
the countries of the world where human rights are broken to the greatest extent:
breaches of human rights in economic sphere and first of all in social-political
sphere are the main object of criticism of international organizations. In
Belarus ideological dissension was permanently suppressed, human rights
activists were arrested and opposition journalists vanished without a trace.
Combat against opposition reached its peak in December 2010 after holding of
presidential election. Demonstrations of protest that followed them were cruelly
suppressed. According to numerous evidences of the protesting people confirmed
by video and photo documents, demonstrators were beaten, their mass arrests were
conducted and tortures were applied to them. Human rights activists and lawyers
of the arrested were subject to persecutions. Leaders of opposition including A.
Lukashenko’s competitors at the election were sentenced to lasting terms of
imprisonment.
Response of official circles of USA and European
community countries, of international public did not take long to appear. In
August 2011 during the 17th session of UN Human Rights Council the resolution
was adopted by a majority vote about situation with human rights in Belarus,
especially in connection with situation after December 19, 2010, and it contains
demand to stop the politically motivated persecution of opposition leaders and
civil society representatives, observe international standards in the field of
securing of fair and equitable justice, release all the political prisoners,
hold thorough independent investigation of ungrounded and disproportionate use
of force towards participants of the action on December 19, 2010 as well as
facts of application of tortures, to respect freedom of opinion expression, of
associations and peaceful gatherings, meet international obligations within OSCE
and admit presence of OSCE on the territory of Belarus.
Various economic and political sanctions are applied
towards Byelorussia by the international community for many years, entry of many
Byelorussian officials onto the territory of USA and EC is prohibited. But A.
Lukashenko ignores all the demands and continues strengthening the authoritarian
regime. Reciprocal steps are taken for non-admittance of officials and companies
from “hostile states” into Byelorussia. Starting from recent March, already 10
employees and experts of International Observation Mission of Committee on
International Control over the Human Rights Situation in Belarus were expelled
from the country with ban for entry during two years. The head of delegation of
Belarus sent a letter to all the Council members stating that pressure upon
Belarus using mechanisms of the Council is of no practical value and that
situation around Belarus was artificially forced in the Council by Western
countries led by their political interests and encouraging “arbitrariness and
extremism” on the part of opposition.
Moreover, Byelorussian authority just increases
international isolation of the country introducing corresponding laws in home
policy time after time too. Thus, one of these days the law “On measures for
improvement of use of national segment of Internet network” is coming into force
restricting citizens of Belarus in use of Internet. According to the law,
companies and individual enterprisers providing services or conducting other
kinds of work using Internet must implement their activity via websites having a
national domain. If networks, systems or resources are not located on the
territory of Belarus but have a foreign hosting, a penalty would be imposed for
their use. It is obvious that Byelorussian authorities evidently restrict the
freedom of information acquisition. While it is noted that the law does not
apply to the citizens of the country, its requirements touch upon owners of
Internet-cafes and Internet-clubs: they would be obliged to inform about
visiting websites containing extremist and pornographic materials in their
institutions. Thus it is supposed that owners of such cafes and clubs would
intrude upon the private life of citizens tracing websites visited by them.
Development of situation in Belarus is of great
significance also for Russia for a number of reasons. Russia and Belarus, though
quite formally yet, form a union state. Russia is connected with Belarus by
common history, close economic and military ties. Belarus has numerous
preferences in trade sphere and in purchase of energy resources. At the same
time Russian citizens and human rights activists, journalists are often subject
to persecutions in Belarus. Russian authorities officially condemned the actions
of Byelorussian authorities on December 19, 2010. A. Lukashenko ventured with
abusive statements addressed to Russia and its president more than once.
Nevertheless Russia, on one hand, tries to stand for
interests of its citizens and first of all Russian business in Belarus and on
the other hand – plays the odious role of a country supporting Lukashenko’s
regime. In is no mere chance that that Russia found itself among 5 countries
that voted against taking measures towards Belarus together with China, Cuba,
Nigeria and Ecuador.
Director of Moscow bureau for human rights Alexander
Brod: “We think that Russia should follow logically the way of democratization
of its country and at the same time get rid of double standards towards the
brotherly country that is connected with Russia historically by closest ties.
And this way would be beneficial both for us and Belarus”.