Yesterday, on 22 March, 2017, the Central District Court of Orenburg awarded Sergey Nikonorov 75 thousand rubles as a compensation for moral damage inflicted by the criminal actions of former head of Penal Colony Settlement No 11 Filyus Khusainov. The victim and his representative – lawyer of the Committee for the Prevention of Torture Albina Mudarisova – think that the awarded compensation is disproportionate to the gravity of the inflicted damage and intend to appeal against this court ruling.
As we have previously reported, according to victim Sergey Nikonorov, head of this penal institution Filyus Khusainov used threats and creating unbearable conditions to force him and other convicts to perform construction works at his summer cottage (we wrote about this case).
Human rights defenders started working on this situation after 26 July 2013, when Irina Balashova applied for help. According to the woman, her partner Sergey Nikonorov was trapped in unbearable and inhuman conditions created by the staff of Penal Colony (settlement) no. 11 for Orenburg region, which is headed by Filyus Khusainov: convicts were systematically subjected to ill-treatment, including threats of sexual abuse. The treatment had been caused by Nikonorov’s refusals to work at construction sites, and his forced labor complaints lodged with the Investigative Committee and the Prosecutor’s Office.
In particular, Sergey told in details how he was building a country house and a sauna for head of Penal Colony-Settlement No.11 Filyus Khusainov. Nikonorov insisted that during the check of the testimony on site he can indicate such details which cannot be known to a stranger, and even to the owner of the constructed facilities himself, but only to the immediate performer of the construction work.
In the course of the judicial proceedings former head of Penal Colony Settlement No.11 admitted his guilt, but only partially, denying his guilt in the part of using a fire-arm for the purpose of the victim Nikanorov intimidation. However, the court, having evaluated all the cumulative evidence, came to the conclusion that Khusainov used fire-arm during committing the crime. In particular, the victim precisely described the appearance of the gun before the traumatic weapon was seized in the course of the search in the Khusainov’s apartment. In addition, witness S., who was refurbishing the internal premises of a country house, stated that he heard a loud bang during Khusainov’s visit to the construction site. A dent on the stainless steel sheet of the fencing, which, according to the expert examination, could be made by the bullet fired from a traumatic gun, completes the picture.
On 4 May 2016 judge of the Novotroitskiy City Court Ekaterina Rodygina passed a judgment of conviction to former head of Penal Colony-Settlement No.11 of the Federal Penitentiary Service of Russia for the Orenburg region Filyus Khusainov. He was declared guilty of committing the crime under item «а» part 3 Article 286 of the Criminal Code of the Russian Federation («abuse of office performed using violence or with a threat of its use») and sentenced to three years of prison term in a standard regime penal colony. In addition, Khusainov is debarred from holding a public office within two years.
On 31 August of last year the judicial panel of the Orenburg Regional Court upheld this ruling.
After the verdict has entered the legal force lawyer of the Committee for the Prevention of Torture Albina Mudarisova, representing the interests of Sergey Nikonorov, applied to court with a lawsuit on compensation of moral damage inflicted to the victim and compensation of losses incurred through Filyus Khusainov’s crime.
Yesterday judge of the Central District Court of Orenburg Albina Andronova partially satisfied the claims under the lawsuit, having awarded Sergey Nikonorov with seventy five thousand rubles out of claimed eight hundred fifty thousand rubles as a compensation of moral damage. The court dismissed the claims under the lawsuit with regard to compensation of losses.
“We do not think that the court ruling is fair and appropriate to the gravity of the sufferings which Sergey was subjected to, – lawyer with the Committee for the Prevention of Torture Albina Mudarisova emphasizes. – Sergey was constantly under pressure of the colony head who forced him to perform his illegal demands by force of arms and constant threats. In fact, the convict’s life and health were literally dependant on the colony head’s will. Such a humiliation of the man is not acceptable. We are going to appeal against the court ruling at the Orenburg Regional Court”.
As we have previously reported, at the present time another court hearing is underway at the Novotroitsky City Court (the Orenburg region) in reference to the former superiors of Penal Colony No 11. Former head of this establishment Filyus Khusainov and his deputy Murat Kumarov are on the dock. Both of them are charged under three articles of the criminal code of Russia. They share two articles: sexual battery performed by a group of persons by previous concert and exceeding official authority. In addition, Mr Khusainov is charged with abuse of office and Mr Kumarov – with bribery.