On August 15, 2008 lawyers of the Committee against Torture filed an application to theEuropean Courton behalf of Anatoliy Atayev. The Committee against Torture claimed violation of art. 3 (prohibition of torture, inhuman and degrading treatment), 5 (right to liberty and personal security), 6 (right to a fair trial) and 13 (right to an effective remedy) of the European Convention. Besides the application, the Committee lodged a petition for urgent communication of the application to the Russian government and prompt measures in order to stop violation of the applicant’s rights.
Today the Committee against torture received a letter from the European Court, according to which both parties – the applicant and the RF Government – are requested to answer the following questions by August 26.
1. Is there a valid and enforceable decision ordering the applicant’s release from custody
2. Is the applicant still in detention?
i) If not, when was he released?
ii) If yes, what is his health condition? Is he in need of medical aid? What kind of treatment is he afforded at present? Does he continue his hunger strike?
At present the Committee against torture is preparing answers to the questions and still claims that these events are an outrage on human rights. The SIZO 1 head violated not only the European Convention, but also the RF Constitution by his actions.
Besides the letter from the European court, the Committee against Torture received a copy of a refusal to start criminal proceedings issued by the Investigation Committee under the RF Prosecutor’s Office for Krasnodarskiy Kray. Despite gross infringement of the court ruling and evident unlawful detention of Mr. Atayev by the head of SIZO 1 in Krasnodar, the authorities refused to initiate a criminal case. Again the RF Prosecutor’s Office dismissed the chance to restore the citizen’s rights on the domestic level and preferred public critique of the European Court.