30.04.2011
To Supreme Court of Russian Federation 12126, Moscow, Povarskaya str., 15 Applicant: Bugrova Lada Stanislavovna Address: 62027, Yekaterinburg, Turgeneva str., 11-1 Complainant's representative: State institution that adopted contested regulatory legal act: The Government of Russian Federation 103274, Moscow, Krasnopresnenskaya emb., 2-2 Title of contested regulatory legal act: << Statement on allowance conditions of people detained for administrative offence, nutritional standards and medical services provided to these people>> adopted by government regulation of Russian Federation No. 627 dated 15 October 2003. Source of publication: issue of <> No. 3325 dated 21 October 2003 Complaint about recognition item 11<< Statement on allowance conditions of people detained for administrative offence, nutritional standards and medical services provided to these people>> contrary to law On 7 October 2010 my husband, Bugrov Mikhail Yuryevich, was detained by the Octyabrsky District Office of the Ministry of Internal Affairs in Yekaterinburg for administrative proceedings. He was put to cell No.1 for administrative detainees in the Octyabrsky District Office of the Ministry of Internal Affairs in Yekaterinburg. The space of the cell estimates 8.6 m^2. There were at least 7 people in the cell together with my husband. Due to the lack of space in the cell, my husband was forced to sit on the flooring with other detainees and was unable to lay down. As a result, the over occupation of the cell caused the fight in the night during which M. Y. Bugrov sustained bodily injures and subsequently died. Under article 27.6 of Administrative Offences Code of the Russian Federation (hereinafter referred to as AOC RF) entities apprehended in accordance with administrative proceedings are to be contained in designated premises. The conditions of confinement for such entities are specified by the Government of Russian Federation. Under article 27,6 item 11 " Statement on allowance conditions of people detained for administrative offence, nutritional standards and medical services provided to these people", adopted by government regulation of Russian Federation No. 627 dated 15 October 2003 (hereinafter referred to as Regulation), it is stated that standard space for each administrative detainee estimates minimum of 2 sq.m^2. Article 1.1 of AOC RF states that AOC RF as well as item 11 of Regulation is based on the Constitution of Russian Federation, generally recognized rules and principles as well as any international agreements signed by Russian Federation. If international agreements of Russian Federation set rules different from Russian administrative offenses legislature then rules of international agreements are to be applied. According to European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment recommendations (hereinafter referred to as CPT), minimal permitted space of a solitary confinement is 7m^2 (it. 43 General report [CPT/Inf (92) 3]). I believe that item 11 of the disputed Regulation contravenes international acts that are compulsory for Russian Federation. Since the Russian Federation ratified the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (that is a basis of CPT) by a Federal Law No. 44-Ф3 dated 28 March 1998 as the Council of Europe member, it must apply recommendations in question in Russian law enforcement practice. More importantly, these Recommendations are based on the European Court of Human Rights practice which includes decisions that are made on cases related to Russian Federation and is a part of Russian legal system according to ratification of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Determination of a minimal space of 2m^2 per person is a violation of Article 3 of European Convention for the Protection of Human Rights and Fundamental Freedoms (No one shall be subjected to torture or to inhuman or degrading treatment or punishment) because it approves wide-scale inhuman and degrading treatment of detainee. The European Court of Human Rights has repeatedly brought to notice that minimal standard space in cell of 2m^2 is a violation of Article 3 of Convention (Kalachnikov v. Russia, no. 47095/991 S: 97; Mamedova v. Russia, no. 7064/05, S:S: 61 et seq., 1 June 2006; Khudoyorov v. Russia, no. 6847/02, S:S: 104 et seq., ECHR 2005 X (extracts; Labzov v. Russia, no. 62208/00, S:S: 44 et seq., 16 June 2005; Novoselov v. Russia, no. 66460/01, S:S: 41 et seq., 2 June 2005; Mayzit v. Russia, no. 63378/00, S:S: 39 et seq., 20 January 2005; ). Although Russian authorities have agreed and made promises to fix the situation, item 11 has never been changed. At the same time, the European Court of Human Rights does not separate criminal and administrative offence while investigating violations of Convention, a common terms < > is used. That is why item 11 of Regulation violates Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Due to the fact that M. Y. Bugrov had died, he is physically unable to challenge item 11 of Regulation. At the same time, practice of the European Court of Human Rights shows that if a third entity had a very close relationship (kinship or another) with the dead, the former is to be rendered as "indirect victim" and has a right to appeal to court for protection of the violated rights of the direct victim (Cakici v. Turkey, act of ECHR dated 07.08.1999, paragraph 98 - translated by M. de Salvia, Precedents of the European Court of Human Rights. St. Petersburg: Press Law Center. 2004. P. 820, Rantsev v. Cyprus and Russia dated 01.07.2010, paragraph 3, see the text of the Act [1]http://sutyajnik.ru/documents/3184.pdf). So in accordance with paragraph 3 of the judgment of the case of Rantsev v. Cyprus and Russia, the applicant-father was complaining as well about the violation of paragraph 2 of the Convention in connection with the death of his daughter and ineffective investigation into his daughter's death circumstances. I was the spouse of Mikhail Y. Bugrov, therefore I am an "indirect victim" and have a right to appeal to court for protection of his rights. In accordance with paragraph 4 of Article 15 of the Constitution of Russian Federation, Convention for the Protection of Human Rights and Fundamental Freedoms and the Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment are parts of the Russian Federation legal system. According to item 10 of the Resolution No. 5 Plenum of Supreme Court of Russian Federation dated 10 October 2003 < >, applying of Convention must take into consideration practice of the European Court of Human Rights in order to prevent any violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. According to item 2.1 of Russian Constitutional Court Resolution dated 2 February 2007: <<... as well as the European Convention for the Protection of Human Rights and Fundamental Freedoms, decisions made by the European Court of Human Rights ... are the part of Russian legal system and to be taken into consideration ... by law-enforcing offices while applying corresponding legal standard>>. Based on the above, subject to Article 1.1 AOC RF, clause 24 CCP RF, recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, all the above judgments of European Court of Human Rights I ASK: Item 11 of Statement on allowance conditions of people detained for administrative offence, nutritional standards and medical services provided to these people>> adopted by government regulation of Russian Federation No. 627 dated 15 October 2003 about space standards discharged for one comprehended entity detained for administrative offence to be acknowledged as contrary to Article 1.1 AOC RF taken in conjunction with recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Enclosure: 1. A copy of this complaint; 2. Payment receipt of the fee; 3. A copy of the list of entities being discharged and detained in the cell for administrative detainees by the Octyabrsky District Office of the Ministry of Internal Affairs in Yekaterinburg during the period from 10 p.m. on 7 October 2010 till 12 a.m. on8 October 2010, according to the Book of entities of Octyabrsky District Office of the Ministry of Internal Affairs in Yekaterinburg (2 copies); 4. Text of item 11 of Statement on allowance conditions of people detained for administrative offence, nutritional standards and medical services provided to these people (2 copies); 5. Text of item 43 of the General report [CPT/Inf (92) 3] of the European committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (2 copies); 6. A copy of proxy. Representative of L.S. Bugrova April 30, 2011 Ссылки 1. http://sutyajnik.ru/documents/3184.pdf
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