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Prison Colony for minors (LA 155/6), Almaty - Доклад Специального докладчика по вопросу о



Prison Colony for minors (LA 155/6), Almaty

^ 49. The Special Rapporteur was received by the Prison Director, Mr. Nuredilov

Malekhan Zhumanuly and Ms. Yakupova Irina, Head of the educational department

of the Regional Penitentiary Committee. The Head of the Penitentiary Committee of

Almaty, Mr. Sadiev, joined during the visit. It was clear that the staff had expected

the Special Rapporteur and had prepared the colony.

^ 50. On the day of the visit 106 boys aged between 14 and 18 were detained in the

institution. Detainees with a good behavioural record could request to stay in the facility

until the age of 20. The dormitories were in a good condition. The facility was

spacious, and comprised a yard for sports and other activities. The staff comprised

^ 150 members, among them 109 certified officers. There were six doctors, three of

them employed on a full time basis. New arrivals were held for three (convicts) or

six (“recidivists”) months in a “general regime” before being transferred to a more

relaxed regime. Detainees in the general regime were entitled to two short visits, two

long visits, and eight parcels a year; those held in the relaxed regime could receive

twelve short visits, four long visits, and twelve parcels a year. Phone calls were permitted

on a daily basis. The medical unit was in acceptable condition, with wellorganized

medical files, a supply of drugs for usual clinical situations and some basic

medical equipment. Consultation of medical records showed that medical checkups

were done regularly.

^ 51. According to the authorities, detainees who had attempted to commit suicide

or were suffering from “exceptional psychological circumstances” were locked up in

quarantine. Furthermore, detainees could be held there as a punishment for a maximum

period of seven days. Upon the arrival of the Special Rapporteur, the cells were

under renovation. In order to punish detainees, they could also be put under a “special

condition” (similar to a regime), which entailed separation from the general

prison population for up to six months and confinement to a specific dormitory. It

also meant deprivation of any outside recreation, sport activities etc.

^ 52. Upon the arrival of the Special Rapporteur, seven detainees were held under

this “special” condition. Attendance at four-hour psychological sessions three times

per week was compulsory; however the detainees were not allowed to go to school.

^ 53. In general, the detainees all reported that the conditions in the colony were

satisfactory. They all attended either secondary school or followed other vocational

training courses. Bed rest was from 10 p.m. to 7 a.m., but there were no doors to

close the dormitories. Disciplinary measures comprised warnings and reprimands,

which had a negative impact on the possibility of early release. Placement in punishment

cells was another disciplinary measure. Some of the boys had spent up to

seven days in the cell. The biggest problem in the cell was reportedly the cold during

wintertime.

^ 54. The Special Rapporteur received credible allegations of regular severe beatings

of detainees held in the punishment cells. These beatings were sometimes carried

out by up to six officers with their fists, police truncheons and cables. In some

instances detainees had been stripped naked during the beating. Educator Mr. K. was

named as one of the main perpetrators of the beatings.

^ 55. Almost all of the boys had been held in an IVS or ROVD after arrest, most of

them in cells with male adult detainees. Practically all of them reported that they had

A/HRC/13/39/Add.3

40 GE.09-17582

been beaten by police officers with police truncheons in order to extract confessions.

None of them had been asked by the judge in court if they had been subjected to illtreatment

by the police. Some of them were attached with handcuffs to a radiator for

hours or longer in the police offices. All of them were informed about their right to

have a lawyer only after they had confessed.

Almalinsky ROVD, Almaty

^ 56. The Special Rapporteur was received by the chief of the police station, Murat

Ibraev and Officer Erlan Mashazhanov. The Special Rapporteur had received many

allegations that torture took place in the offices of this ROVD. On the second floor,

the Special Rapporteur coincidentally encountered a police officer who was just

leaving his office while taking away another person. When approached, the officer

explained to the Special Rapporteur that the person was “just a good friend”. In a

private interview with the person it was discovered that the person was a suspect and

had actually been detained at the Reception and Distribution Centre under the Ministry

of Interior which had been visited by the Special Rapporteur earlier. He reported

that he had been beaten up on 27 April in an office on the third floor of the same

building. The Special Rapporteur was furthermore denied access to one office by Officer

^ Mr. Asyl Chokbaro. Eventually, the Special Rapporteur found several persons,

including two men locked up in the room. Although none of them complained about

any ill-treatment, at least one of them had spent the whole night in the police office

and their names were not recorded.

10 May 2009

Police ROVD, Arshaly

^ 57. The Special Rapporteur was received by Mr. E. A. Mukanov, acting head of

the ROVD, Mr. Tishitinbaev Suyundik Amangeldinovitch, head of the IVS, and other

staff members. Upon arrival, two persons were held at the IVS, three had earlier

been transferred to the court to participate in their proceedings. The facility comprised

a police station and an IVS. Persons in police custody were locked up in a

small cell called “stakan” (meaning literally “glass”, referring to the narrow and high

shape of a glass) which was a barred room of about 1 square metre located in the

area of the police’s entrance counter. While the size of the cell was only suitable for

very short periods of custody, the Special Rapporteur received credible information

that suspects had been held there for days.

^ 58. During the night, persons in police custody - despite the obligation to transfer

them to the IVS - had to sleep in a cell colloquially called “monkey cage”. The acting

head of the ROVD deliberately concealed the existence of this cell. Only by following

detailed descriptions by persons earlier held there was the Special Rapporteur

able to find the cell, which was located in the entrance area of the police station under

a staircase. The cell was in a run-down condition, filthy, humid and without light.

^ There was no bed; detainees had to sleep on the concrete floor, which was only covered

with thin linoleum. Although the Special Rapporteur was told that the cell had

not been used for a long time, there were numerous indications that a person had

been held there not long before the visit (blanket on the floor, water bottle, recent

newspaper….).

^ 59. The IVS comprised six cells each providing space for two persons. The cells

were clean and the sanitary units in the rooms were in a good condition. Detainees

reported that they could leave the cell twice a day for walks of approximately 30

minutes in the facility’s yard.

A/HRC/13/39/Add.3

GE.09-17582 41

^ 60. K. K., born in 1978, was arrested in early March 2009 by the police at around

8 p.m. and transferred to the ROVD. Upon arrival he was put in the “stakan”. He was

kept in this cell until 1 a.m. and then transferred to another cell called the “monkey

cage”. At 6 a.m. he was taken out of the “cage” and put back into the “stakan”. He

was provided with a chair and also offered hot water for tea. After spending another

night in the “monkey cage” and a day in the “stakan”, he was eventually transferred

to the IVS two days after his arrest. He reported that he was not subjected to any violence

during his time at the ROVD/IVS. After 18 days in the IVS, he was transferred

to the SIZO in Astana, where he underwent several medical examinations. During his

time in the SIZO he did not hear or see any violence being inflicted among or on detainees.

^ About two weeks later, he was returned from the SIZO to the IVS in Arshaly

in order to participate in the proceedings of his case at the local court. Although food

was generally provided by the IVS, he relied on the food and other items brought by

his family and friends. At the current stage of his trial, however, he was not allowed

to meet his relatives or friends, but officers were forwarding their deliveries to him.

^ 61. Male detainee, aged 44, was arrested some days earlier by two police officers.

He was directly brought to the ROVD, where he was interrogated for 30 minutes.

He was not represented by a lawyer but was informed of his right to have a

lawyer. He did not confess to any offence. He had no complaint regarding the treatment

by the police. His family was informed of his arrest, but they were not allowed

to visit him as his detention had not yet been sanctioned by the court.

^ 62. Male detainee was arrested some days prior to the visit of the Special Rapporteur

by police officers. He was questioned for 30 minutes in an office on the second

floor. A state lawyer was present. His family was informed about his arrest and

detention. After the interrogation he was transferred to the IVS, where he was held in

custody for three days. His detention had already been sanctioned by a judge and the

detainee expected to be transferred to the SIZO soon.

^ 63. Mr. Yusiliev Yuri Petrovich, aged 32, was arrested on 2 May 2009 at 11 a.m.

in Arshaly by three police officers. He was handcuffed and taken by car to the

ROVD, where he was locked in the “stakan” for 24 hours. The small size of the cell,

did not allow him to lie down and sleep. He was allowed to go to the toilet, but not

provided with any food. Within the 24 hours he was once taken out of the cell and

brought to an office on the second floor where he was interrogated. On 3 May in the

afternoon he was again taken out of the cell and taken to another office on the second

floor, where he was interrogated again. A state lawyer was only called after he

had confessed and all documents had been produced. Mr. Yusiliev reported that no

violence was used during interrogation. After the interrogation he was transferred to

the IVS, where he had been detained during the visit of the Special Rapporteur. In

the register of the “stakan” his custody was documented from 6:35 p.m. to 9:00 p.m.

on 2 May 2009 only. Custody in the IVS started on 3 May 2009 at 11 p.m. according

to the register. His whereabouts is unaccounted for during the time between 9:00

p.m. and 11:00 p.m.

^ 64. Male detainee arrested in March 2009 without any violence and taken to an

office in the ROVD building. After three days he was sent to the IVS. Three days

later, he was presented to the court. Following about 10 days in the IVS, he was

transferred to the SIZO in Astana. The conditions there were fairly good, also in

terms of access to medical services. He had signed the confession because “they will

put me behind bars anyway”.

A/HRC/13/39/Add.3

42 GE.09-17582

Special regime colony Arshaly (ЕC-166/5)

^ 65. The Special Rapporteur was received by the Director, Mr. Mukanov and Mr.

Omelnickiy Yuriy, Deputy Head of the educational department of the colony. The

Head of the Astana Penitentiary Committee, Bakhytzhan Sadybekov, arrived later.

The colony was built in 1957 and designed as a “special regime” facility with three

different “conditions” (relaxed/regular/strict). Only detainees with long term sentences

and recidivists were held here (but no life sentences); the longest sentence to

be served was 29 years. The colony had a capacity for 1010 detainees, the actual

population was 1097. On the day of the Special Rapporteur’s visit, 635 detainees

were under relaxed, 278 under regular, and 184 under strict condition. The number of

staff was 202, not including the police guards securing the premises outside. The Director

of the colony informed the Special Rapporteur that he had not received a single

complaint regarding torture or other forms of ill-treatment since he had assumed

office in 2005.

^ 66. One wing comprised cells used as quarantine for new arrivals (20 cells) as

well as punishment cells (18 cells). New arrivals had to stay in those cells for up 15

days before being transferred to the strict condition regime. Detainees who had to be

separated for security reasons could be held for up to 30 days. Detainees who were

punished for violations of the prison rules could be sentenced to between 2 and 60

days of solitary confinement. In cases of repeated violations the Criminal Code provides

for additional imprisonment terms (CC articles 360 and 36117). In both cases,

detainees are only allowed to leave the cells for the morning toilet and for a 1,5 hour

walk per day. The rest of the time they have to spend in the cell. No contact with

other detainees is permitted.

^ 67. The colony had clearly been prepared for the Special Rapporteur’s visit, e.g. a

prison band gave a concert, and most buildings had been cleaned and freshly painted.

Following a detailed check of the registers, the Special Rapporteur established that,

whereas detainees usually spend one week in the quarantine, on that morning even

the latest arrivals who had come in on 7 May, had been released. The prison administration

admitted to this during the debriefing. The Special Rapporteur concluded

that the Prison Administration had decided to remove all prisoners from solitary confinement

to avoid interviews by the Special Rapporteur.

^ 68. The Special Rapporteur received many serious and consistent allegations relating

to ill-treatment in EC 166/18, Stepnogorsk prison hospital (descriptions see

below). The officers referred to repeatedly as being responsible were Mr. Sh., Mr.

^ M., Mr. A. and Mr. M.. Many detainees indicated that they were then forced to sign

statements indicating that they had no complaints against the staff of this penitentiary

institution. The Special Rapporteur, during the debriefing with authorities, recommended

• that detainees who wish not to be transferred to this facility should not be

forced and should receive medical treatment elsewhere,

• that these allegations should be subject of an independent investigation, and

• that the alleged perpetrators should be brought to justice.

^ 69. Strepetilov Vladislav, aged 38, spent the 10 days from 30 April to 10 May

alone in a punishment cell because of the prohibited possession of a mobile phone.

Once a day, at 9 a.m., he could go alone for a walk in the yard for 60 to 90 minutes.

^ 17 On intentional refusal to follow orders of the administration, respectively on disorganizing

the order of the institution;

A/HRC/13/39/Add.3

GE.09-17582 43

The confinement was completely solitary. No reading materials etc. were provided.

The food was described as satisfactory. Mr. Mr. Strepetilov was normally held on the

first floor of wing 5 (ordinary regime), comprising eight rooms for 20 prisoners each.

^ The wing was overcrowded, but the conditions were not worse than in other colonies.

The rooms were locked from 9 p.m. to 7 a.m. Detainees could only walk around

in the yard of wing 5, and were in principle not allowed to mix with detainees of

other wings (sometimes they would meet during sports). He was allowed to receive

two long-term visits by close relatives for up to three days per year. Usually only his

wife visited him; the visiting facilities were too small for a third person (e.g. his

son). During short-term visits detainees would be separated by a glass wall from

their visitors. The medical unit was fairly badly equipped. Medical staff were reported

to only provide pills, and the dentist did little other than pulling out teeth. Mr.

^ Strepetilov furthermore reported that since he had immediately confessed to having

committed the theft he was accused of, he had not been beaten by the police. He was

eventually sentenced to five years of imprisonment. However, on earlier occasions

he had experienced beatings by the police. During the 15 months in the colony, he

had never been beaten.

^ 70. From 26 February to 12 March 2009, Mr. Strepetilov was at the Prison Hospital

in Stepnogorsk, EC 166/18, to get treatment for his heart problems. He was transferred

with 45 other prisoners. Upon arrival, they were “treated like animals” by

other prisoners who were in charge of examining the new arrivals. Mr. Strepetilov

was brought to the punishment cells, stripped of his clothes and thrown against a

wall. Prisoners put their hands in his mouth and anus, forced him to wash the toilet,

and humiliated him with homosexual attacks while being fixed to a table. He was

threatened with rape if he would not sign an application form to become a member of

the “Association of friends of the penitentiary”. The newly arrived detainees spent

all night in the punishment cells before being taken to the hospital on the next day.

Although this humiliating treatment was carried out by prisoners of this “association”,

it was clearly authorized and condoned by the management of the colony. The

medical staff provided medical treatment without asking many questions.

^ 71. Zadorozhny Andrey Victorovitch, aged 27, was sentenced to 5 years of imprisonment

and had lived in wing 8 (relaxed condition) since 27 March 2008. Between

7 a.m. and 9.30 p.m. detainees were allowed to move freely within the wing.

He was allowed to have two long-term visits from his wife for 3 days each and receive

two parcels per year. In addition, two short-term visits of 2 hours were allowed.

Satisfactory food was provided three times a day. Mr. Zadorozhny reported

that in general, the penitentiary system was in need of humanization. In particular,

the special regime for recidivists should be reformed to allow for earlier release.

^ 72. Male detainee, sentenced to death in 1996 (and again in 1997). During the investigation

he had been beaten by the police in Aktyubinsk IVS. After appealing for

clemency, the Supreme Court commuted his death sentence to 25 years imprisonment.

From 1996 to 1998 he served in Aktyubinsk SIZO, where he spent most of the

time with other detainees in a small cell and could only go out for a walk of one hour

per day. From Aktyubinsk SIZO he was transferred to Arshaly colony, where the

conditions were much better. He had experienced no beatings but had been put in the

punishment cell.

^ 73. Mr. Ananin Vitaliy arrived on 7 May at the colony. As a new arrival he was

put into quarantine, where he was held until only a few hours before the Special

Rapporteur arrived. He was then transferred to a normal wing. In quarantine he had

been in a cell on his own. He was allowed to leave the cell twice a day to go to the

toilet, but he was not allowed to go for a walk in the small yard. Food was served

A/HRC/13/39/Add.3

44 GE.09-17582

three times per day. He was serving a 12 year sentence in relation to a drug offense.

He reported that, when arrested by the police he was sober; however he had to be

hospitalized for an overdose eight hours later, suggesting that the police actually administered

the drugs to him.

^ 74. Mr. Abakarov A.A., was held in quarantine for one week and released only

hours before the Special Rapporteur arrived. He was put in quarantine after transfer

from Zhytykara colony in Kostanay Region (UK 161/3) via Astana where he had

been held in the transit area of the SIZO. The release from quarantine came as a surprise.

Mr. Abakarov described quarantine in the colony as “inhuman” and very different

from other quarantines he had experienced. While in other quarantines, detainees

would undergo medical tests, see a psychologist, or could watch TV, he was

locked up permanently in the cell. Regarding his time (2,5 years) in Kostanay, Mr.

Abakarov reported constant beatings. The medical unit did not pay any attention or

react to the injuries of prisoners since it was “the rule”. The beatings were inflicted

mainly by police guards using truncheons. However, some months prior to his transfer,

the beatings had stopped. While in Kostanay, he had lost more than 20 kg, and

only started to regain weight following his transfer. He further described colony UK

^ 161/3 in Zhytykara as a “punishment camp for those who complained in other

camps”. The colony in Arshaly had the reputation of being “ok”. Mr. Abakarov further

reported ongoing abuses in the prison hospital of Stepnogorsk, where he once

received treatment which was conducted in a very brutal manner. Patients who complained

were beaten severely. As a result, some attempted suicide out of desperation.

Many detainees who needed medical treatment would refuse to go the hospital of

Stepnogorsk.

^ 75. Mr. Osanov A. K., block 5, had undergone an operation in the hospital in

Stepnogorsk in 1997/98. During his time there, he was very heavily beaten. Now, he

was scheduled to be transferred to Stepnogorsk in a few weeks time, in order to get

medical treatment. Although he described his current state of health as unbearable,

he urged the Special Rapporteur on torture to intervene in order to avoid his transfer

to Stepnogorsk. Mr. Osanov was very afraid of being held in the hospital. The Special

Rapporteur raised the case of Mr. Osanov during the debriefing with the colony’s

officials who promised to look into the matter.

^ 76. Male detainee held under the relaxed regime, where detainees were free to

leave the dormitory for most of the time, except from 6 p.m. to 7 p.m. and 10 p.m. to

6 a.m. He complained about the quality of the food. He preferred to eat only once per

day instead of having the three meals served by the authorities.

^ 77. Mr. Kleschev Pavel Aleksandrovich, had been detained since 25 January

2008 in the colony of Arshaly. He was held in the relaxed conditions wing and

worked as a cleaner in the wing with the punishment cells. He reported that the general

treatment in the colony was good and that the relationships between prisoners

were relatively peaceful as there was no gang system. The only negative issue for

him was that he was the remote location which was far from his relatives who were

unable to visit him.

^ 78. Male detainee in medical unit had been brought to the prison hospital in Stepnogorsk

for treatment. Upon arrival he was undressed and handcuffed. A convict –

with the approval of the prison administration – approached him and showed him his

penis and urged him to sign a document by which a prisoner declares that he will

stick to the rules. He was threatened with rape if he would not sign the paper.

^ 79. Shevtsov Michail Arkadievitch, aged 58, medical unit, said that he was paralyzed

and in the final stage of prostate cancer. His paralysis resulted from a car acciA/

HRC/13/39/Add.3

GE.09-17582 45

dent in 1982. He reported that, when brought to the prison hospital in Stepnogorsk in

2004, the officers poured water over him and beat him. When he was transferred to

Arshaly Colony during winter, the officers took his clothes off to wash him and left

him freezing in the cold and insulted him. The Deputy Chief of the medical unit beat

him up with a glove and said “you are only good for the grave”. He further complained

that he did not receive adequate treatment, although the overall conditions in

the medical unit were good. He wished to be released and to spend the last months of

his life with his sister and his father. The forensic doctor accompanying the Special

Rapporteur confirmed that the patient was in a bad state. The Special Rapporteur advocates

for an early release of Mr. Arkadievitch based on medical reasons.

^ 80. Sviridenko Victor Stanislavovich, aged 50, a wheelchair bound invalid. On 8

January 2009, he was transported from penitentiary facility EC 166/5 to penitentiary

facility EC 166/18 in Stepnogorsk for treatment. Upon arrival, during a body search

conducted for the purpose of enforcing obedience, the staff of the facility dragged

him down from the wheelchair and, without waiting for him to get undressed, ripped

his clothes off, threw him over a bench and, in spite of his begging and objections,

inserted a rubber hose into his anus and pumped water into it until Mr. Sviridenko

lost consciousness because of the resulting pain. Mr. Sviridenko was then brought to

consciousness with ammoniac, doused with water, forced to get dressed and dragged

along the corridor to his cell where he was locked in. After some time, Mr. Sviridenko

regained consciousness in a disciplinary cell and realized that he would be

forced to stay overnight without mattresses and blankets and knocked on the door

asking for a mattress, a blanket and a doctor. In answer to his request, Mr. Sviridenko

was insulted with obscene curses. Subsequently, about seven members of the

correctional facility’s staff rushed into his cell and started beating him and jumped

on his body and head so that he again lost consciousness. As a consequence of the

ill-treatment, blood poured out of his ears. He regained consciousness when paramedics

brought him undressed on a stretcher to the medical unit of the penitentiary

facility. When he demanded to see the public prosecutor, the deputy of the facility

for administrative-operational work “Mr. M.” started to threaten him and said that he

would die. In the evenings between 8 and 22 January 2009, Mr. Sviridenko was repeatedly

called to the office of the assistant director, where officers tried to force him

to sign a statement that he had no complaints. After his transfer back to Arshaly

prison, he sent a complaint to his wife and asked her to forward it to various institutions.

At the time of the interview, no institution had reacted to the complaint. The

findings of the forensic expert of the Special Rapporteur corroborated the allegations

of ill-treatment.

^ 81. Male detainee was taken to facility EC 166/18 in Stepnogorsk in early 2009

for medical treatment. In the arrivals’ section, he was stripped naked and a rubber

hose was introduced into his anus. He was also beaten all over his body by officers

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