The defendant on a stretcher

Russian prisons - not for the disabled

The defendant Sergei Kalinin twice a week on a stretcher is brought to the Simonovsky District Court of Moscow: Kalinin can neither walk nor sit
Die behind bars. A month ago, the Government of the Russian Federation showed humanism: Decree No. 3 of January 14 gave the right to under investigation, suffering from severe diseases, for liberation from custody. However, in no entity of the Federation, medical commissions still have not been working, which should take out medical reports. What does it mean to be disabled and in prison-he recognized The New Times twice a week, on Tuesday and Thursday, a white and blue Gazelle Moscow Central Military District is approaching the building of the world section of the Simonovsky District Court of Moscow. Four employees of the convoy service get a stretcher from the car, which lies a large man in a black jacket. They bring a stretcher to the first floor, enter the courtroom and put a stretcher next to the iron cage for the defendants. They help the defendant to remove outerwear: he remains to lie in a gray-black sweater on which the corset is wearing. His name is Sergey Kalinin. He is 43 years old. He is one of the accused in the criminal case of fraud in the credit Criminal Criminal Code. The second is Stanislav Eichhorn. He sits in a cage, greeting a lying accomplice.

Interrogation on a stretcher in the hall includes judge Olga Nedelin. She deftly goes around Sergey Kalinin, who was lying on the floor, slightly touching his stretcher with floors of a long black judge mantle. The picture does not bother her, but the lawyers could not recall the those surveyed by The New Times that the accused was lying on the trial on the floor. The judge announces the meeting open

* * Judge Olga Nedelin is known that in February 2008 she refused to change the measure of restraint by the deadly sick Vasily Aleksanyan. .

NELETAIN interrogates witnesses. The lawyers of the defendants and victims ask them questions. The case of apartments is considered. In 2002–2003, the creditsuzuzkombank issued loans to customers on the security of their apartments. If customers did not return the loan on time, then the bank sold their apartments. Clients sued the court in civilian order, but, as a rule, the court was won by the bank. Dissatisfied with these decisions in 2006, the victims submitted an application to the prosecutor's office - and the bank employees were accused of fraud.

In 2010, 32 prisoners died in the prison hospital of the SIZO Sailor Sailor. And according to human rights activists, in the Mordovian prison hospital of the LPU-21 in January 2011, 11 convicts, the chief of credit department, Sergei Kalinin, was taken into custody on February 7, 2007. By that time, he had been walking with a stick for two years - after the accident, he received a serious fracture of the spine and the second disability group. The verdict of the court is 5 years in prison. Kalinin went to the zone in the Ryazan region. “He got worse in the colony,” his mother Margarita Kalinina told The New Times. - He began to walk on crutches. And then a second criminal case was opened against him and two other bank employees, and on October 5, 2008, his son was brought to Moscow. Put in a Butyrka. There he became completely ill. The legs failed. For 10 months I sought to take Sergey to MSEK

* Medical social expert commission to establish disability. . By that time, he almost could not sit. He was brought there by bus, and the doctor examined him on the bus. Then the first group of disability was determined to him. The diagnosis has become even worse: in addition to fractures of vertebrae and other complications, he found a violation of the function of the pelvic organs with severe pain. This means that he, not yet an old, 43-year-old man, incontinence. I will transfer diapers to his jail. ”

Sergei Kalinin spent two years in the nurse of the pre -trial detention center. In December 2010, he was sentenced to 8 years in prison, that is, taking into account the already served years in March 2011, he could count on parole (parole). But the Moscow City Court canceled the verdict and sent the case for a new consideration: the prosecutor's office was unhappy with a too soft sentence for the accomplice of Kalinin. The second trial began.

Without mercy, “the diagnosis of my client is mentioned in the list of diseases, which, according to the 54th decree of the Russian government, exempt a prisoner from further serving a sentence

* Decree of the Government of the Russian Federation No. 54 of February 6, 2004, says lawyer Arthur Lermontov. - We have been achieving to be released for health reasons for a year and a half. From the side of the isolator, Butyrki repair all sorts of obstacles to us. They send the papers to the wrong court, tightly tightened. Finally, on January 26, a meeting was held in the Tver court with a request to release Kalinin for health reasons. Judge Elena Stashina

* Judge in the case of Sergey Magnitsky. We refused, saying that the case file does not have enough commission examination with a diagnosis. We do not agree with this decision. We said Stashina: see what is written in the 175th article of the Criminal Executive Code: the convict can be released either on the basis of the conclusion of the ICEC, or on the basis of the conclusion of the commission. The judge dismissed the conclusion of the ITU. At the same time, she perfectly saw the state of Kalinin in. The law and all moral norms in favor of my client, the President of Russia indicates that the legislation needs to be humanized, and the judge, in fact, condemns it to new torture. The Russian prison is completely not equipped for the disabled: there are no elevators, a big problem with roller chairs, toilets are not adapted for the disabled. ”

The judge of retired judge Sergei Pashin explained the judicial logic of The New Times: “The system inertia works. Not used to letting anyone out. The notorious "accusatory slope" is affected. You will release a person from custody, what if he committed a new crime? After all, they can be fired for this, ”says Pashin. “And the merciful decision of the judge will come out sideways to him.”

The view from the window of the SIZO Sailor Silence camera Camera for the disabled Camera No. 738 in the hospital of the Sailor Silence pre -trial detention center is considered one of the best. Sergey Kalinin, who was transported from Butyrskaya prison to the hospital of the sailor’s silence on the eve, was placed in this camera because they were waiting for human rights defenders. “And it’s inconvenient for me here,” Kalinin admits The New Times, “ask to be transferred back to that camera, which is worse, there the toilet is closer to the bunk.”

Sergei Kalinin lies on the bed in the same corset and in the same clothes that he was at the trial. Near the bed - crutches and a wheelchair. The doctor Olga Yurchenko carefully looks at him: “And you were already lying with us. I remember you. Well, do you feel your legs? "

“The right leg does not work, the left leg is barely. There is no sensitivity, ”says the prisoner. “We must operate,” the doctor sighs. - We examine you. Let's take a picture, invite a neurosurgeon. ” “It would be nice,” says Kalinin. - And tomorrow I am again in court. It’s very cold at Gazelle, I'm afraid to catch a cold. The judge does not postpone the meeting, he wants to rather make a sentence. Then they will send me to the zone. We saw a document from Judge Stashina, who she sent to the Simonovsky court, where she wrote that she had not let me go due to illness. So Judge Nedelin prolonged me with a preventive measure, indicating that I can hide. How can I hide if I am still serving a sentence in the first case? "

“Our examination will take at least two weeks,” the doctor explains. To the question of the correspondent The New Times, they act

* Act - on the professional slang of jailers, it means to be released for health reasons. Lee Kalinin due to illness, the doctor replies: “This is unknown. The fact that he is a disabled person of the first group still does not mean anything, we must look in the aggregate all the diseases. ”

No one to release on January 14 published a decree of the Russian government, according to which seriously ill-patients should be released from custody. Sergei Kalinin could theoretically be released on this resolution. But as it turned out, there is no one to free seriously ill.

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The judges are not used to letting anyone out from custody. Even seriously ill. You will release a person, what if he committed a new crime?

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“The list of diseases in the Government Decree of January 14, 2011 is almost the same as in the 54th resolution,” the head of the Sailor Silence of Tagiev’s SIZO “Sailor Silence” told The New Times. - The problem is that the document has been adopted, and there is no medical commission, which should make a decision on the release of prisoners. For example, we have one seriously ill, which we would recommend for assets, but the Moscow Department of Health still has not formed such a commission. ” According to The NEW Times, such commissions are not created in any subject of the Federation. The head of the press service of the Ministry of Health and Social Development, Alexander Vlasov, told The NEW Times that this was not in the competence of the ministry: “The normative act of medical commissions was developed by us, and its implementation is already the case of local authorities.”

It happens and worse what awaits Sergei Kalinin in the coming months? In early March, the Moscow City Court should consider his complaint about the refusal of Judge Elena Stashina in release due to illness. Meanwhile, in the hospital of sailor silence, doctors will conduct his examination. And twice a week, Kalinin will be taken to the Simonovsky court, where he will lie on a stretcher on the floor, in diapers, and for the second time to listen to the case, which he had already been convicted once for eight years. After the sentence, the Moscow pre -trial detention center will sigh calmly: Kalinin will be sent to the zone, and the local medical commission and the local court will have to be decided whether to free it or not. However, this is not confident: according to human rights activists, only 20% of convicts are assigned due to illness. According to the lawyer of the Foundation “In Protecting the Rights of Prisoners” Valentin Bogdan, the sick prisoners from the walls of the colonies practically do not leave. “For example, recently, from convicted Igor Efremov from LPU-21 (prison hospital in Mordovia), we became aware that 11 people died there in January 2011,” says the human rights activist. - We sent requests to the prosecutor's office and to the FSIN - there are no answers. And Efremov was put in the penalty area so as not to complain. The local human rights activist, the head of the LPU-21, refused to accept our representative. There are many such cases, but we will learn about them only by an unofficial way. ”

In other words, the exit from the colony for seriously ill prisoners is one: forward with your feet.