CAT/C/67/D/780/2016
and administrative proceedings. Such proceedings are regulated in articles 245–250 and
254–258 of the Civil Procedure Code and in chapter 22 of the Code of Administrative
Proceedings. In addition, the complainant could have complained to a court about the
conditions of detention and his medical treatment between 11 June and 9 September 2015
independently of the response from the Investigation Committees.
4.3
On the merits of the communication, the State party submits that the complainant
was under psychiatric supervision and on various occasions underwent ambulatory
treatment of emotional and volitional disorders. On 29 May 2011, a commission of forensic
psychological and psychiatric experts concluded, within the criminal investigation in the
complainant’s case, that the complainant suffered from an organic personality disorder and
mixed disorders. While serving his sentence, the complainant underwent ambulatory
treatment twice. From 4 July to 4 September 2012, he was hospitalized in KTB-1 with a
diagnosis of “organic personality disorder and mixed disorders”. From 28 April to 1 June
2015, he was admitted to the medical ward of prison No. 15 with a diagnosis of “organic
personality disorder and mixed disorders – depression syndrome, suicidal readiness”. From
11 June to 22 September 2015, the complainant was treated at the psychoneurological unit
of KTB-1 with a diagnosis of “schizotypal personality disorder, decompensation”.
4.4
The complainant’s claims have been checked by the Federal Service of Healthcare
Monitoring (Roszdravnadzor) and by medical facility No. 24 of the Federal Penitentiary
Service. They did not find any violations by the staff of KTB-1 in the provision of medical
treatment to the complainant or in his medication. The medication referred to by the
complainant as “proscribed” are duly registered and authorized for use in the Russian
Federation. The complainant’s treatment was prescribed in accordance with the respective
Ministry of Health regulations. There are no complaints about side-effects by the
complainant in the records of the psychiatrists and the neurologist who treated him. The
complainant is currently under the supervision of the prison psychiatrist with a diagnosis of
“schizotypal personality disorder, decompensation”.
4.5
The complainant’s allegations about inadequate sanitary conditions during his
hospitalization at KTB-1 in 2015 could not be confirmed during the investigation. The
complainant was held in ward No. 6. The size of the ward is 20.1 m2. The complainant had
a separate bed. Two more inmates were treated in the same ward with the complainant. The
medical unit was cleaned three times a day. Ventilation was ensured through a small
window. There were drinking water containers in the ward. The water was changed and the
containers were cleaned in accordance with the regulations. The inmates were taken to the
toilet upon request. The ward had sufficient natural and artificial light through windows and
from lamps, in accordance with the regulation of the Ministry of Justice dated 2 June 2003.
Bed linen was properly laundered and disinfected in a specially equipped laundry facility at
KTB-1. No evidence was found that the complainant’s bed linen and pajamas were
inappropriate.
4.6
The State party also addresses the complainant’s allegations that the Investigative
Committees did not duly consider his claims about unlawful hospitalization at KTB-1.
According to the State party, the complainant’s claim dated 13 January 2016 reached the
Regional Investigation Committee on 3 February 2016. The response was sent to the
complainant on 15 February 2016. The complainant’s status requests dated 18 February and
15 June 2016, were answered by the District Investigation Committee on 17 March and 8
July 2016. According to the records of prison No. 15, where the complainant was serving
his sentence, he received the letters of 15 February and 17 March 2016 (the date is not
specified), but did not receive the response from 8 July. The latter was sent by ordinary post
and impossible to track.
Complainant’s comments on the State party’s observations
5.1
On 18 September 2018, the complainant submitted his comments on the State
party’s observations.
5.2
He claims that on 27 November 2017, he brought a civil suit for compensation
against KTB-1 to the Zheleznodorozhnyi district court in Krasnoyarsk. He claimed
compensation for torture in detention between 28 April and 11 June 2015 and 11 June and
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