Ongoing arbitrary detention in a psychiatric hospital of Ms. Larissa Arap - RUS 005 / 0807 / OBS 087.1 (ENG)

14/08/2007
Urgent Appeal

The Observatory has been informed by reliable sources about the ongoing arbitrary detention in a psychiatric hospital of Ms. Larissa Arap, a Russian journalist and opposition activist who recently denounced the treatment of children in psychiatric hospitals in the Murmansk region.

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), has received new information and requests your urgent intervention in the following situation in the Russian Federation.

New information:

According to the information received, on August 12, 2007, a local district court upheld the order for Ms. Arap’s compulsory treatment, which was initially signed on July 18, 2007 (See background information). Ms. Arap’s lawyer will appeal this decision. In addition, an appeal of the previous decision is expected to be considered by the City Court on August 17 or 18, 2007.

The Observatory expresses its deepest concern regarding Ms. Arap’s state of health and considers that her detention is arbitrary, as it appears to be directly aimed at sanctioning her activities in favour of human rights. In this regard, the Observatory recalls that the United Nations Working Group on Arbitrary Detention stated, in its report on "issues related to psychiatric detention", that "psychiatric detention shall not be used to jeopardize someone’s freedom of expression nor to punish, deter or discredit him on account of his political, ideological, religious views, convictions or activity"[1].

These acts of reprisal also blatantly violate Article 6.b of the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on December, 9, 1998, which states that "everyone has the right individually or in association with others to freely publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms".

The Observatory finally recalls that the Russian Federation was elected to the Human Rights Council in June 2006 for three years and is committed, in this regard, to "uphold the highest standards in the promotion and protection of human rights"[2].

Background information:

On July 5, 2007, Ms. Larissa Arap, a member of the United Civil Front, was arrested in a clinic in Murmansk where she had gone for a medical examination to renew her driver’s licence. Following her arrest, she was transferred to a psychiatric hospital 150 km outside Murmansk. According to the information received, Ms. Arap would be forcefully injected with drugs and she would have been beaten and tied to a bed.

On June 8, 2007, Ms. Arap’s article on the ill-treatment of children in psychiatric hospitals in the Murmansk region had been published in the day’s edition of the newspaper published by the United Civil Front, an opposition movement. In particular, she criticised the use of electroshock and alleged that patients would have been beaten and raped.

On July 18, 2007, a local district court signed an order for Ms. Arap’s compulsory treatment. Since then, she would be held in a ward for violent patients.

Actions requested:

The Observatory urges the authorities of the Russian Federation to:

i. guarantee, in all circumstances, the physical and psychological integrity of Ms. Larissa Arap as well as of all human rights defenders in the Russian Federation;

ii. Release her immediately and unconditionally since her detention is arbitrary;

iii. Put an end to all acts of harassment against her as well as all other human rights defenders in the Russian Federation;

iv. comply with all the provisions of the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on December, 9, 1998, in particular with Article 1, which provides that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels", with the above-mentioned Article 6.b as well as with Article 12.2 which reads that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration";

v. comply with the provisions of the Document of the Copenhagen Meeting of the 2nd Conference on the Human Dimension of the Cooperation and Security Conference in Europe (CSCE) (1990), and uphold in all circumstances the principles and provisions enshrined in the international and regional human rights instruments ratified by the Russian Federation and which, in particular, guarantee freedoms of association, demonstration, expression and opinion, in particular the European Convention on Human Rights and the International Covenant on Civil and Political Rights.

Addresses:

· Vladimir Vladimirovich Putin, President of the Russian Federation, Kremlin, Moscow, Russia, Faxes:+ 7 095 206 5173 / 230 2408, Email: president@gov.ru;

· Prosecutor General of the Russian Federation, Vladimir Ustinov, 103793 g. Moskva K-31, Ul. B. Dimitrovka, d 15a, Russian Federation, Fax: + 7 095 292 88 48;

· Chairwoman of the Presidential Human Rights Commission of the Russian Federation, Ella Pamfilova, 103132 g. Moskva, Staraya ploshchad, d 8/5,pod 3, Russian Federation, Fax:+70952064855;

· Minister of Internal Affairs, Rashid Nurgaliev, ul. Zhitnaya, 16, 117049 Moscow, Russian Federation, Telegram: Rossiia, 117049, Moskva, Fax: + 7 095 237 49 25;

· Minister of Foreign Affairs, Sergey Lavrov, Smolenskaya-Sennaya pl, 32/34, 121200 Moscow, Russian Federation, Telegram: Fax:+ 7 095 244 2203;

· Ambassador Leonid Skotnikov, Permanent Mission of the Russian Federation to the United Nations in Geneva Av. de la Paix 15, CH-1211, Geneva 20, Switzerland, e-mail : mission.russian@ties.itu.int, fax: +4122 734 40 44;

· Embassy of the Russian Federation in Brussels, 31-33 boulevard du Régent, 1000 Brussels, Belgium, Fax: + 32 2 513 76 49.

Please also write to the diplomatic mission or embassy of the Russian Federation in your respective country.

***

Geneva - Paris, August 13, 2007

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:

E-mail: Appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

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