CCPR/C/116/D/2411/2014
Decision on admissibility
1.
The author of the communication is V.K., a Russian national born in 1950. He
claims to be the victim of a violation by the Russian Federation of his rights under articles
7, 10 (1) and (2) (a), 14 (1), (3) (b), (d), (e) and (g) and 15 (1) of the International Covenant
on Civil and Political Rights. The Optional Protocol to the Covenant entered into force for
the Russian Federation on 1 January 1992. The author is not represented by counsel.
The facts as submitted by the author
2.1
The author served as an officer in Ministry of Internal Affairs units from 1971 to
2004, including in senior positions. On 3 April 2005, after winning the general elections, he
assumed the post of Head of Administration of Kurganinsky District, Krasnodar. On
27 July 2005, the author resigned from his post, allegedly under pressure.
2.2
On 1 September 2005, the author was arrested by the Federal Security Service on
suspicion of organizing terrorist attacks. During his detention in the Service’s remand
facility in Krasnodar, in order to obtain his confession, he was verbally offended and
psychologically pressured by Service officers and his cell mates, who were working for the
Service. On one occasion, the author was injected with psychotropic drugs, which caused a
health disorder and suicidal thoughts for two months. He also claims to have been denied
medical assistance and detained in a cell with previously convicted criminals. The author
also claims that he was treated with unnecessary violence when transported from the
remand facility to the court.
2.3
On 26 December 2006, in a jury trial, the Krasnodar Territorial Court found the
author guilty, under articles 33 (3) and 205 (3) of the Criminal Code of 27 December 1996
as amended on 9 January 1999 (terrorism), of planning terrorist attacks in the city of
Armavir on 9 and 16 January 2000.1 Both provisions were applied separately for each
attempted act of terrorism. The author was also found guilty of staging an attempt on his
life by blowing up a grenade in his apartment on 19 April 2005 and, in this connection, he
was further found guilty under the following articles of the Criminal Code: article 306 (3)
on knowingly making a false denunciation; article 307 (2) on knowingly providing false
testimony; article 167 (1) on intentionally damaging another’s property; and article 222 (1)
on the illegal acquisition, transportation and storage of ammunition. He was sentenced to 22
years in a penal colony of maximum security and deprived of the rank of colonel and of
professional awards.
1
2
Article 205 (1) and (3) of the Criminal Code reads as follows:
1. Terrorism, that is, the perpetration of an explosion, arson or any other action endangering the lives
of people, causing sizable property damage or entailing other socially dangerous consequences,
if these actions have been committed for the purpose of violating public security, frightening the
population or exerting influence on decision-making by governmental bodies, and also the threat of
committing said actions for the same ends, shall be punishable by deprivation of liberty for a term of
5 to 10 years.
…
3. Deeds stipulated in the first or second part of this article, if they have been committed by an
organized group or have involved by negligence the death of a person, or any other grave
consequences, and also are associated with infringement on objects of the use of atomic energy or
with the use of nuclear materials, radioactive substances or sources of radioactive radiation, shall be
punishable by deprivation of liberty for a term of 10 to 20 years. (See www.russian-criminalcode.com/PartII/SectionIX/Chapter24.html.)