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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