Appeal to death

The lawyers of the “Kazan human rights center” filed an application to the Investigative Committee with a request to institute criminal proceedings under an article on negligence on the death of a convicted person serving a sentence in the Kazan IK-2. The prisoner, who was ill in a colony with tuberculosis, died a few days before the court was supposed to consider the prosecutor’s appeal to the decision to release it.

A native of North Ossetia A. (the surname has not yet been disclosed in the interests of the investigation) was convicted under an article on the application of violence against a representative of the authorities for six years in prison in a general regime colony. According to investigators, protecting his mother and brother, he hit the policeman. Due to health problems, the judge determined him for serving punishment in medical and correctional institutions No. 1 of Tatarstan, from where Ossetian was transported several times in critical condition for treatment and examination to the hospital for convicts under IK-2. In 2013, A., at that time in the colony, was detected by tuberculosis. The condition of the prisoner has noticeably worsened.

“In the future, he wrote a petition for exemption from punishment due to illness. The administration of the colony supported him, apparently, having previously hinted him that he could submit a petition and it would be supported, ”the lawyer of the Kazan human rights center Sergei Petryakov told Mediazone.

In mid -August 2014, the Volga District Court of Kazan satisfied the request of the prisoner for the release, which received approval from the administration of the colony. At that time, he could leave for two months and seven days of imprisonment. However, unexpectedly the prosecutor's office introduced an appeal performance.

“In his complaint, the prosecutor indicated that he did not prove with his behavior that he had corrected, and also recalled the article under which he was convicted: the application of violence against a representative of law enforcement agencies. It is difficult to say what role this prosecutor’s performance played, but it was it that served as the reason for the direction of the materials of the appeal. As a result, the convict died without waiting for a decision, ”says Petryakov. The consideration of the appeal was scheduled for December 9, and the Zaleev died a few weeks before.

According to the interlocutor "Mediazons", now human rights activists are seeking a criminal case. At the same time, their claims were sent not to the prosecutor, whose appeal forced the patient prisoner to linger in the colony, but to the leadership of a correctional institution.

“Without waiting for the consideration of the materials of his case in the court of appeal, the convicted A. died. At the same time, during the consideration, the petition of the convicted person in the Volga Regional Court of Kazan established circumstances indicating the availability of officials of the medical service of the Federal Penitentiary Service of Russia in the Republic of Tatarstan in the actions of officials under Part 2 of Article 293 of the Criminal Code of the Russian Federation (negligence that entailed death), ”the statement of human rights activists (there is at the disposal of Mediasons).

“The death of A. is due to the inaction of the IK-2 administration, which allowed infection with tuberculosis, since it was in the conditions of forced content that this disease was first detected in him. He was not given proper treatment. Confirmation of this is the fact of his death, ”explains Petryakov. As the lawyer adds, the fault of the IK-2 administration is indirectly stated in the decision of the court of first instance on the release of A.: The judge decided that there was no possibility of providing qualified medical care in the colony.

In the summer of 2012, a hospital for convicts at IK-2 has already attracted the attention of human rights defenders. Then the members of the Republican Public Supervisory Commission found that one of the convicts serving a sentence in IK-2 was forcibly transferred to the psychiatric department of the hospital and for several weeks forced to take neuroleptics. After conducting an audit, the prosecutor reprimanded the then head of the medical institution, the deputy head of the colony for medical and preventive work, Marina Podolskaya.