On 13 July the court will examine the appellate complaint of the former head of the Orenburg Penal Colony-Settlement against the judgment of conviction

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11 July 2016

On 13 July the judicial panel on criminal cases of the Orenburg Regional Court will examine appellate complaints of the former head of Colony Settlement No 11 Filyus Khusainov and his defense lawyer against the judgment of conviction of the Novotroitskiy City Court. On 4 May 2016 this court declared Filyus Khusainov 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 the former head of the penal colony to three years of prison term in a standard regime penal colony. 

(Filyus Khusainov)

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.

The convicted defendant, dissatisfied with the judgment of conviction, submitted an appellate appeal against it.

This appellate appeal will be examined on 13 July 2016 at the Orenburg Regional Court at address: Orenburg, ulitsa Komsomolskaya, 52. Start at 14 hours 15 minutes.