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Committee of Ministers Secrétariat Du Comité Des Ministres SECRETARIAT / SECRÉTARIAT SECRETARIAT OF THE COMMITTEE OF MINISTERS SECRÉTARIAT DU COMITÉ DES MINISTRES Contact: John Darcy Tel: 03 88 41 31 56 Date: 12/02/2020 DH-DD(2020)134 Document distributed under the sole responsibility of its author, without prejudice to the legal or political position of the Committee of Ministers. Meeting: 1369th meeting (March 2020) (DH) Communication from the applicant (10/02/2020) in the case of Buntov v. Russian Federation (Application No. 27026/10) Information made available under Rule 9.1 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements. * * * * * * * * * * * Document distribué sous la seule responsabilité de son auteur, sans préjuger de la position juridique ou politique du Comité des Ministres. Réunion : 1369e réunion (mars 2020) (DH) Communication du requérant (10/02/2020) relative à l’affaire Buntov c. Fédération de Russie (requête n° 27026/10) [anglais uniquement] Informations mises à disposition en vertu de la Règle 9.1 des Règles du Comité des Ministres pour la surveillance de l’exécution des arrêts et des termes des règlements amiables. DH-DD(2020)134: Communication from the applicant in BUNTOV v. Russian Federation. Document distributed under the sole responsibility of its author, without prejudice to the legal or political position of the Committee of Ministers. DGI 10 FEV. 2020 TO THE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE SERVICE DE L'EXECUTION DES ARRETS DE LA CEDH DEPARTMENT FOR THE EXECUTION OF JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS 1369th meeting, March 2020 (OH) MEMORANDUM Execution of Buntov v. Russia (Application No. 27026/10) final on 5 September 2012 Submissions un der Rule 9(1) of the Ru les of the CMDH Applicant BuntovV.M. Lawyer Moskalenko K.A. Representative Buntova I.A. February 10, 2020 MOSCOW DH-DD(2020)134: Communication from the applicant in BUNTOV v. Russian Federation. Document distributed under the sole responsibility of its author, without prejudice to the legal or political position of the Committee of Ministers. TO THE ATTENTION OF THE HONORABLE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE lnstead of real actions, effective and positive steps directed at restoring the position of the Applicant expected by the Committee of Ministers, the Applicant and his defenders, the authorities have placed the Applicant into a "legal vacuum" and have provided the Committee with the patently false report OH-DD(2020)24 which has no touch with reality and endanger the Applicant's life. This Memorandum contains new independent lawyers' reports, testimonies of the "Ural Human Rights Group" to the Committee of Ministers and irrefutable documentary evidences of the Applicant's total deprivation of domestic remedies from tortures and inhuman treatment, which the authorities continue to apply against the Applicant on the territory of Verkhneuralsk prison in violation of specific requirements adopted by the Committee further to 1355th meeting. The leaders of the "Ural Hu man Rights Group" are also concerned about the Applicant's situation: "the Main Directorate of FSIN RF in the Chelyabinsk Region, white preparing a report on measures directed ot ensuring the safety of Buntov V.M., wosn't concerned about the void correction of Buntov V.M. situation in detention facilities, but on the contrary had the abject to hide the true situation." TORTURES IN VERKHNEURALSK PRISON 1. On 04 October 2019 the Applicant was taken to the Verkhneuralsk Prison and re-handed over by the authorities to a high ranking officer, personally interested in revenge and humiliation of the Applicant, - the Head of the Main Directorate of FSIN RF in the Chelyabinsk Region, who is responsible for tortures of the Applicant in Donskoy Correction Facility No.1 in 2010, that were unanimously recognized by the European Court in Case No.27026/10. The Applicant well-timed notified the Committee about these threatening circumstances in OH-00(2019)1099. 2. On the day of arrivai, the Applicant was deprived of all available medications and painkillers {#1), officially authorized for transportation and storage (#2) and 95% of his persona! belongings. From 04/10/2019 and up to date, the Applicant has been illegally detained in a complete solitary isolation, in cold, in inhuman conditions, without any medical assistancë and treatment. A seal on the Applicant's persona! file was broken in order to enter false psychological characteristics into it, while the medical record card is regularly falsified. 3. The prison administration systematically exposes the Applicant to threats, humiliation, bullying and tortures: a) On 23/10/2019 from 16:45 till 17:00 in the office of the operating department, the governor of prison and together had forced the Applicant to withdraw his complaints on FSIN from the ECHR and the CMCE, accompanying everything with alternate infliction of single kicking blows into the region of the calves, DH-DD(2020)134: Communication from the applicant in BUNTOV v. Russian Federation. Document distributed under the sole responsibility of its author, without prejudice to the legal or political position of the Committee of Ministers. single fisticuff into the body region and flaps in his face - each of them gave not less than 5- 6 blows. b) On 28/10/2019 from 16:15 till 17:05 in a shower room the heads of operation department and and two unknown prison officers, after verbal abuses started to accompany their demands to withdraw the Applicant's complaints against FSIN with fisticuff into the abdomen region and flaps in his face. Each of them gave the Applicant not less than 8-10 blows. c) On 07/11/2019 from 17:00 till 17:50 the deputy warden--- and three unknown prison officers had dragged the Applicant into the shower room, flung him down and beaten him with their legs, inflicting single kicking blows, abused and frightened him, demanding to withdraw ail his complaints onto the FSIN from the ECHR and the CMCE. Each of them gave the Applicant not less than 6 blows. From time to time the Applicant was poured with ice water from shower heads. d) On 18/11/2019 from 17:00 till 18:05 in a shower room the heads of penitentiary regime department the head of operation department inspectors-and - had alternately beaten the Applicant with their legs and arms, poured him with ice water, frightened to rape with rubber truncheon (riot control weapon PR) and demanded to write the refusais from ail his complaints against FSIN and admissions in writing on, purportedly, "crimination and defamation" of the Russian authorities. e) On 21/11/2019 from 15:00 till 15:55 in a shower room the acting governor of prison --together with - and had beaten the Applicant with a plastic bottle of water in the head and with the twisted wet sheets onto his body, threatening, abusing and demanding to withdraw all his complaints against FSIN with the following self-incrimination. f) On 22/11/2019 between 13:50 and 14:50 o'clock, in the video-conferencing room the governor of prison and the deputy warden-had subjected the Applicant to abuses, threats and short beatings. blows, and lgave him 2 blows. 4. ln each of these aforementioned cases the head of the medical unit completely rejected to conduct medical examination, to record the Applicant's bodily injuries in his medical record card and restricted other healthcare workers to do so. Ali the Applicant's complaints and statements were ignored; no medical assistance was provided. 5. The Applicant twice, on 12/11/2019 and on 28/11/2019, appealed to the investigating authorities with the statements on these crimes, demanding protection from tortures and criminal proceedings against the responsible persons. The fact of the Applicant's appeals is confirmed by fiscal checks, a list of the envelopes' contents with a brief description of complaints on tortures and a note of acceptance made by the prison officer, which DH-DD(2020)134: Communication from the applicant in BUNTOV v. Russian Federation. Document distributed under the sole responsibility of its author, without prejudice to the legal or political position of the Committee of Ministers. indicates that the authorities had indeed received these statements. However, up to date the investigating authorities didn't take any actions on the indicated episodes of the Applicant's tortures, and hidden his statements dated 12/11/2019 and 28/11/2019. 6. The originals of the Applicant's statements to the investigating authorities dated 12/11/2019 and 28/11/2019 are translated into English and are attached to this Memorandum together with fiscal checks, description forms with notes of acceptance. The Applicant asks the Committee of Ministers to review with their contents in the Appendix #3, 4. 7. Prosecutors of the Magnitogorsk Prosecutor's Office for supervision over the law compliance in correctional facilities, and on 15/11/2019 and 13/12/2019 at a persona! appointment in the Verkhneuralsk prison, had refused to conduct a medical examination and to record the Applicant's bodily injuries, and hidden his complaints. The prosecutor-- stated that "in the interests of the state" the prosecutor's office will not interfere into repressions applied by FSIN against the Applicant. On 20/12/2019 the Applicant appealed against the illegal omission of the prosecutors -and--to the Chelyabinsk Regional Prosecutor's Office. This statement was also translated into English and the Applicant asks the Committee of Ministers to review with its content in the Appendix #5. 8. On 20/01/2020 the Applicant lodged a complaint to the Verkhneuralsk court in accordance with Article 125 of the Russian Federation Code of Criminal Procedure, which appeals against ignoring, non-adoption of decision, non-conducting of investigation and hiding of the Applicants statements on crimes dated 12/11/2019 and 28/11/2019 by the Lenin lnterdistrict lnvestigative Department of Verkhneuralsk, and against tortures by the Verkhneuralsk prison administration (#6).
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