|
Vasilii Georgievich Aleksanian, a lawyer and
the former vice-president of the Russian oil company YUKOS, is seriously
ill with AIDS because he is being denied adequate medical treatment in
detention.
Vasilii Aleksanian was
detained on 6 April 2006 and has been kept in pre-trial detention in
Moscow since then. He had worked for YUKOS for several years before
becoming vice-president in March 2006 at a time when the company was
about to be dissolved. He is accused of embezzlement and tax fraud. The
Russian General Prosecutor's Office is due to hand the case over to a
court in Moscow by 2 March.
In October 2006, Vasilii
Aleksanian was diagnosed as infected with HIV. This diagnosis was
subsequently made public by a prosecutor in January 2008, in breach of
confidentiality. In October 2006, his doctors recommended that he could
remain in pre-trial detention if he received antiretroviral drugs and
other appropriate treatment to stop his health from deteriorating.
According to his lawyer, Vasilii Aleksanian never received such
treatment. On 23 October 2007, several medical experts, including a doctor
from the pre-trial detention centre, assessed his condition and found
that he was in need of immediate treatment as an in-patient in a
specialist hospital. At that time the experts found that the pre-trial
detention centre could not provide the necessary treatment and
recommended he be transferred to a public hospital.
Vasilii Aleksanian petitioned
the European Court of Human Rights to intervene, and on 27 November 2007,
the European Court ordered the Russian authorities to transfer him to a
specialist hospital and to inform the Court about the treatment he has
received so far. As the Russian authorities did not respond to this
order, the European Court repeated its appeal on 6 December and set a
deadline of 10 December for Vasilii Aleksanian to be transferred to a
hospital. The Russian authorities again failed to hospitalize Vasilii
Aleksanian and provided inadequate information to the Court about his
treatment, so on 21 December, the European Court repeated its call for a
third time and stated it would consider it a violation of the right to
life and the right not be tortured or subjected to inhuman and degrading
treatment by the Russian Federation (Articles 2 and 3 of the European
Convention for Human Rights), should Vasilii Aleksanian die in detention
or should his condition deteriorate due to lack of treatment.
Vasilii Aleksanian has now
reportedly been diagnosed with tuberculosis, a cataract to his eyes, a
tumour in his kidney, an infection of his lymph nodes, and also heart
problems. Under Russian law, a person diagnosed with such serious health
problems should not be kept in pre-trial detention.
Preparations for the trial of
Vasilii Aleksanian are underway. From 20 December 2007 to 15 January
2008, Vasilii Aleksanian was expected to acquaint himself with the
details of the case against him. Prosecutors considered him to be fit for
this, even though he reportedly constantly had a high temperature and a
prosecutor had to read the documents to him as he is nearly blind. As
this was a slow process, Vasilii Aleksanian asked for the time available
to read the documents to be extended. According to his lawyers, a judge
denied this request, saying that he was misusing his right to read the
case documents, as he had insisted on breaks and days of rest during this
procedure.
In a hearing at the Supreme
Court of the Russian Federation on 16 January, in which the court was to
consider Vasilii Aleksanian's appeal against the extension of his
pre-trial detention, a prosecutor from the Office of the General Prosecutor
announced that Vasilii Aleksanian is suffering from HIV/AIDS. This was
done in breach of Vasilii Aleksanian’s right to confidentiality. He has
since given permission to publish this information.
RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in Russian or
your own language:
- urging the Russian authorities to transfer Vasilii Georgievich
Aleksanian immediately to a specialized hospital for HIV /AIDS patients
where his illness can be treated adequately;
- calling on the authorities to comply with the European Court of Human
Rights’ ruling that all necessary action should be taken to safeguard the
health of Vasilii Aleksanian, and to inform the Court about his
treatment;
- expressing concern that if Vasilii Aleksanian's trial proceeds while he
is in such poor health, he will not be able to participate effectively,
in breach of international fair trial standards;
- calling for his trial to be postponed until his health allows him to
participate in the legal process.
APPEALS TO:
Vladimir Vladimirovich Putin
President of the Russian Federation
Ul. Ilinka. 23
103132 Moscow
Russian Federation
Email: please go to http://kremlin.ru/eng/articles/send_letter_Eng1a.shtml
and post your message there.
Salutation: Dear President
Minister of Justice of the
Russian Federation
Vladimir Vlasilievich Ustinov
Ministry of Justice of the Russian Federation
Ul. Zhitnaia 14
119 991 Moscow GSP1
Russian Federation
Fax: + 7 495 955 57 79
Salutation: Dear Minister
COPIES TO:
Vladimir Petrovich Lukin
Ombudsperson for Human Rights of the
Russian Federation
Miasnitskaia ul. 47
107084 Moscow
Russian Federation
Fax: + 7 495 607 53 37 (You may hear a Russian answering machine; please
wait for the beep before sending your fax)
Yurii Yakovlevich Chaika
Prosecutor General of the Russian Federation
Office of the Prosecutor General of the Russian Federation
Ul. Bolshaia Dmitrovka 15a
125 993 Moscow
Russian Federation
Fax: +7 495 692 1725 (fax may be switched off outside of office hours
(four hours ahead of GMT)
Please
also write to the diplomatic representations of the of the Russian
Federation in your respective countries.
PLEASE SEND APPEALS IMMEDIATELY.
|