The former head of Orenburg Colony Settlement is charged with organization of sexual violence against a convict

Событие | Пресс центр

01 September 2016

Former head of Colony Settlement No.11 of the Department of Federal Penitentiary Service Filyus Khusainov, previously convicted for abuse of office performed using violence and weapon, has faced new charges related to committing grave crimes., Lawyer of the Committee for the Prevention of Torture Albina Mudarisova, representing the interests of the victim in this case, learnt about this today. The investigators charged Khusainov with abuse of office and organization of sexual battery with violence committed by the group of persons by previous concert.

(Photo: Filyus Khusainov)

Human rights activists from the Committee for the Prevention of Torture started to monitor the situation in Colony Settlement No. 11 of the Department of Federal Penitentiary Service in Orenburg region back in summer 2013 . At the time Irina Balashova first applied to human rights activists asking for legal advice and reported that her partner, Sergey Nikonorov, serving his sentence in Federal Public Institution – Colony Settlement No. 11 in Orenburg region, was systematically beaten, and threatened to be raped by the staff of the institution which is headed by Filyus Khusainov. This was caused by Nikonorov’s refusals to work at various construction sites, and his forced labor complaints lodged with the Investigative Committee and the Prosecutor’s Office. Former head of this correctional facility  Filyus Khusainov was charged with these particular criminal episodes and sentenced to three years of prison term in standard regime penal colony.

At the end of 2013 this picture of this outrageous lawlessness in Colony Settlement No. 11 was supplemented by two other convicts, K. and D. (we do not give full data for ethical reasons), who said that they had been systematically abused by the employees of this colony. They felt desperate after his attempt to break out from prison to escape beating turned out to be a failure, he was raped by the convicts from the groups of “activists” in presence and by the order of the employees of the colony recording this with the dashboard camera.

Legal experts from the Committee for the Prevention of Torture immediately sent the lawyers to the victims and then reported the crime to the Investigating Committee.

Afterwards in the course of the interrogation convict K. described the circumstances of the events that happened to him to the investigator: on 13 October 2013 Deputy Head of the Colony Settlement for Security and Field Work  major Murat Kumarov took him to the punitive isolation ward. There he gave the order to other convicts to beat him. The victim was beaten severely, no one spared him, he fainted away several times. Kumarov helped him regain his consciousness pouring cold water on him. Several employees of the correctional facility were watching this including Filyus Khusainov who was the head of the colony at that time. After the beating Khusainov gave the order: “Make them line up here!” and around fifteen employees of the correctional facility entered the room. Two convicts from the group of the activists who followed the orders of the colony administration employees were holding  K., the third one was given the order to touch the face and lips of K. with his genitals and so he did it. Deputy Head of the Colony Murat Kumarov was recording all this with the dashboard camera. And only when the torturer said that the film is ready, they stopped to abuse K. and the employees of the colony broke up.

In April this year the Investigating Committee of Russian Federation on Orenburg region opened a criminal case against Deputy Head of the Colony Settlement No. 11 for Security and Field Work Murat Kumarov. The criminal case was opened on the elements of crime described in p. “a” part 2, Article 132 of the Criminal Code of the RF (“Sexual battery performed by a group of persons by previous concert“) and p. “а” Part 3 Article 286 of the Criminal Code of the RF (“Abuse of office with performed using violence”). At present time Murat Kumarov is under arrest.

Today Albina Mudarisova, the lawyer of the Committee for the Prevention of Torture representing the interests of the victim received a copy of the formal notice of the charges against Filyus Khusainov, the former head of colony-settlement No.11. Khusainov was charged with the same articles as Kumarov: p. “а” Part 2 Article 132 of the Criminal Code of the RF (“Sexual battery performed by a group of persons by previous concert”) and p. “а” Part 3 Article 286 of the Criminal Code of the RF (“Abuse of office with performed using violence”). But the investigation considered Khusainov to be the organizer of the sexual abuse of the convict so he is charged with the relevant crime.

Mudarisova points out: “In my opinion, establishing the organizer of the crime against sexual freedom became a high point in the investigation of this criminal case. I am not surprised that the investigation considered Filyus Khusainov, now former head of the colony)  to be the organizer of this cruel crime. The Committee for the Prevention of Torture received a lot of complaints from convicts from this correctional facility where they reported the threats of sexual abuse. According to the applicants, these threats were made by Khusainov himself. The crimes against sexual freedom are latent due to their specifics, victims, as a rule, clam up and are reluctant to give evidence. I admire the fact that our applicant was courageous and brave enough to report about what was happening in Colony Settlement  No. 11. I cannot but mention the high quality of work and professionalism of Konstantin Kaskin, the investigator of the first department on special cases investigation, Criminal Investigation Division of the Investigating Committee of RF in Orenburg region”.