WRITTEN QUESTION E-3383/02

by Olivier Dupuis (NI) to the Commission

(28 November 2002)

Subject: Torture in the Russian Federation

Two 17 year-old Russian nationals, Andrei Victorovitch Osenchugov and Alexei Vladimirovitch Shishkin, were arrested on 5 March 2002 on suspicion of robbery and were transferred two days later, on the order of the prosecutor of the Sormovski District of the city of Nizhny Novgorod, to the Nizhny Novgorod regional pre-trial detention center (sledstvennyi izolyator) IZ -52/1, in Novgorod.

At the pre-trial detention centre, Mr Osenchugov and Mr Shinshkin were allegedly tortured by two other adult inmates, one of whom was Mr Petrov Michail Germanovitch, without the prison guards intervening, with the aim of forcing them to confess to other thefts. The parents of the young detainees asked the detention centre's director to investigate the matter, but no action was taken and the director simply argued that there were no grounds for such an investigation. Subsequently, the Public Prosecutor's Office instituted criminal proceedings on the ill treatment inflicted on Andrei Victorovitch Osenchugov and Alexei Vladimirovitch Shishkin and opened an official inquiry. However, on 21 October 2002, at the end of a trial riddled with legal irregularities (e.g. the submissions made by the witnesses for the defence were not recorded in the minutes of the proceedings), Judge Grigoriev of the Sormovski District Court in Nizhny Novgorod found Mr Osenchugov and Mr Shinshkin guilty of theft, on the basis of the confessions obtained under torture, and sentenced them to eight years' imprisonment.

What information does the Commission have on this further serious violation of fundamental rights in the Russian Federation? What steps has it undertaken or does it intend to undertake to obtain a retrial for Mr Osenguchov and Mr Shinshkin in accordance with internationally recognised rules on fair legal proceedings? In view of the numerous other cases which illustrate the fundamental problems affecting the administration of justice in the Russian Federation, does the Commission not consider that its entire policy vis-à-vis the Russian federation needs to be reviewed?

Answer given by Mr Patten on behalf of the Commission

(20 December 2002)

The Commission does not have any specific information regarding this case. The Commission is, however, well aware of the shortcomings affecting the judicial and penitentiary system in Russia and equally shares the concern of the Honourable Member concerning reports by prominent human rights non-governmental organisations of torture and other abuses of inmates.

The Commission has consistently stressed that it is in Russia's interest to develop a society based on respect for democratic principles and human rights. The development and consolidation of an independent, objective and efficient judiciary is indispensable in this respect. EC financial assistance is increasingly directed to supporting ongoing judicial reform in Russia, including training of judges, court administrators, bailiffs and other legal professionals. As much as EUR 10 million is being allocated through TACIS each year for this purpose. In parallel, the promotion of human rights in Russia will continue to be a priority in the framework of the European Initiative for Democracy and Human Rights (EIDHR), under which Russia has been identified as a focus country for the period 2002/2004.

At a more political level, within the framework of its intensive political dialogue with Russia, the Union will continue to raise its concerns regarding human rights in Russia, including the right to due process and the need to prevent torture. In this context, the Union will continue to stress that the effective partnership that the Union and Russia are trying to establish must necessarily be based on a series of fundamental core values, among which full respect for human rights, in accordance with the major international and European human rights conventions that Russia has ratified. In parallel, the Union will continue to promote further work in this direction within the Council of Europe and the Organisation for Security and Co-operation in Europe (OSCE).