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Судебное дело "Бугрова против России (дело в ЕСПЧ № 12804/12) - признание бесчеловечным нормы площади на одного человека в камере для административно задержанных"


Complaint to the Supreme Court of Russia 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 (similar to the one of 13 August 2010)

 

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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