12 Dec 11 | Russia
Senior lieutenant Alexey Kozlov, responsible for educational work at Butyrka pre-trial prison in Moscow, has virtually lost his job after having publically criticised the penitentiary system. He has appealed to rights activists and journalists whistleblowing on prisoners’ rights abuse.
Butyrka pre-trial prison (the accused are kept there at the time of criminal proceedings) became notorious when Hermitage Capital lawyer Sergey Magnitsky died after spending almost half a year there in conditions rights activists later called torturous. Kozlov came to Butyrka soon after Magnitsky died and eyewitnessed violations which, in his perspective, could lead to similar tragedies. Alexey Kozlov told Index about his concerns and consequences of his whistleblowing.
– Why have you decided to work in the Russian penitentiary system and particularly Butyrka prison?
– I wanted to become a general one day; I found it romantic. I’ve been in the system for eight years: I worked in Moscow pre-trial prison Medvedkovo and in the convoy department. In February 2010 I came to work in Butyrka. I’ve been doing my job in line with the law and did everything to enhance its prestige.
– What made you criticise the system you worked in?
– I’ve been a witness of double standards towards prisoners. Some get everything, some are unfairly oppressed. Here’s how it works. Prison staff are supposed to convoy inmates to working places – prison premises repairs, for example. Normally they don’t do this because the prison is simply out of staff. Prisoners are unofficially told to go to their working places on their own, having to unlock the doors with handmade passkeys. If they follow the rules and don’t go alone, they may get punishment for not arriving to their working place. If they do go, they may get punishments for going alone. A prisoner is put in a position when he can have penalties imposed on him either way. This triggers corruption.
I’ve also never seen a prisoner who spent a day in court be brought to shower, although this is staff duty.
And I am concerned about medical care in prisons. One of the inmates, HIV-positive, told me he hasn’t received proper medical care for three months. He ended up having high fever and pneumonia. Only then was he delivered to hospital. I’ve also seen that when a prisoner gets sick and acute care arrives, they in the prison for an unjustified long time before taking the prisoner out to the hospital.
All these violations have been evident to the prison’s superiors, but no one seems to do anything about them.
– What are the consequences of your allegations?
– Before talking to rights activist Vladimir Osechkin I talked to my bosses about violations I saw and heard of from prisoners. First they told me to mind my own business. Then they subjected me to full examination — that is undressed me — in front of the prisoners. After I made the violations public, they called on extraordinary meeting to criticise me. The Moscow Department of the Russian Correction Service, together with Moscow Prosecutor’s Office said they investigated the facts I made public and didn’t find any confirmations. As far as I know they were uninterested and haven’t checked properly. According to my sources the head of the prison has signed papers to fire me. Actually I have already lost my job as my superiors told me I was no longer in charge of educational work and had to guard the entrance to Butyrka.
– Weren’t you going to quit yourself or do you still think the system can be improved from within?
– My bosses in Butyrka told me I shouldn’t have brought facts “to the outside”. But long before that I was taught to tell the truth, which I did. I am ready to repeat them in court if needed. it is not impossible to improve the system from within, one should just stay honest. And if they fire me, I’ll most probably become a human rights activist fighting not just for prisoners, but for honest prison workers. They do exist and they support me.
18 Nov 11 | Europe and Central Asia, Russia
Vladimir Osechkin, 30, has become one of Russia‘s most successful freedom of expression advocates.
The former businessman fell foul of Moscow’s regional authorities in 2007, Osechkin claims he was asked to pay numerous bribes after he began building one of the biggest automobile sales centres in the area. He reported these extortion attempts to the prosecutors office. Controversially Osechkin was then charged with fraud, a claim he believes was trumped up to punish him for refusing to pay bribes. He was detained for almost four years in Mozhaysk pre-trial prison. It is worth noting that since Osechkin’s 2007 arrest, many of his accusers have faced criminal suits and corruption accusations.
When Osechkin was released on parole in June 2011 he had two goals: exoneration and to fight for prisoners’ rights, namely their freedom of expression.
He began by creating Gulagu.net (“no to GULAG”), where prisoners’ relatives, attorneys and penal system workers could register and post details of violence in prisons and suggest ways to confront abuse. The information provided can then be investigated by Russian prosecutors.
It is common that prisoners’ voices cannot be heard outside prison, Osechkin explains. Prison authorities often tear up prisoners’ written complaints in front of them and resort to beating those who dare complain. In August 2011 inmates in Mozhaysk were beaten and refused appropriate medical care. Records of their complaints of cruel treatment were allegedly destroyed by prison authorities so that no investigation would be launched.
This led to Osechkin’s first major campaign. Alongside inmates’ relatives, a whistleblowing prison staffer called Alexey Ivanov, turned to Osechkin for legal assistance and help publicising their plight. Osechkin published their evidence on gulagu.net and convinced other prison staff and former inmates to come forward. He sheltered Ivanov, who was threatened by his bosses after he gave evidence to prosecturos, and sent the statements detailing other allegations of abuse he had received to the Moscow region’s Prosecutor’s Office and Investigative Committee.
The result was outstanding. An investigation was launched, prison head Vyacheslav Melnik was removed from his position, the beating and physical abuse of prisoners ended and inmates were given a chance to complain to prosecutors, who began prison inspections.
Osechkin says that, while Russian non-governmental supervisory committees also conduct prison checks and are required to report on and investigate prisoners’ rights abuses, they frequently turn into circus shows. Supervisors are told how perfect the prison is and inmates are often threatened physical violence for expressing their concerns. Once supervisors accepted two iPhones from one of Russian big prison’s deputies, Osechkin recalls. Having been caught on the prison’s video cameras, the supervisors would likely face a bribery accusation if they were to report inmates’ rights abuses.
The Mozhaysk Investigative Committee is due to make a decision about filing a criminal case against the prison head and his deputies. If it files the case, Osechkin’s struggle for prisoners’ freedom of expression may well trigger real change in the Russian penal system.
If not, there is one thing he has achieved permanently: he has created an online space where all Russian prisoners’ complaints about brutal treatment can be documented without fear of censorship.
03 Aug 11 | Uncategorized
Comedian Jonathan May-Bowles was yesterday sentenced to six weeks in jail for throwing a shaving-foam pie at Rupert Murdoch whilst the media tycoon was giving evidence at the Commons Culture, Media and Sport Committee.
Better known as “Jonnie Marbles”, May-Bowles was also ordered to pay £250 costs and a £15 victim fine after pleading guilty to one count of common assault and another count of causing harassment, alarm or distress under Section 5 of the Public Order Act. Of those six weeks, Jonnie will serve three. District Judge Daphne Wickham, handing down his sentence said Jonnie “attended those proceedings with only one intention, to disrupt them”. She had taken into account the “fear” Mr Murdoch must have felt when he did not know the contents of the pie and that the foam “made contact…its greater impact was stopped by the actions of others.”
So here’s the rub. For crimes of comedy, Jonnie Marbles is to spend three weeks in Wandsworth prison. His lawyer, Tim Greaves, called the sentence “excessive” and said they would launch an appeal but that nothing is likely to move on that until after Jonnie has served his time.
Jonnie’s sentence was handed down by the same judge who gave policeman Marcus Ballard 150 hours unpaid work for pushing a teenager through a shop window. She also gave James Allen QC a 12-month supervision for beating his wife over an uncooked dinner. She let off TSG Sergeant Delroy Smellie over hitting G20 protester Nicola Fisher across the face and whacking her in the legs with a baton.
As argued by Jonnie’s lawyer in court “slapstick and pie throwing is a recognised form of protest.” No injury was caused — nor was there any intent to cause it — and there was limited damage to the suit. Jonnie viewed the Select Committee proceedings as a “farce” and he “intended to express his feelings that…Murdoch should be held accountable” for allowing and engendering a culture where News of the World journalists hacking dead girls’ phones was considered acceptable practise.
It’s worth noting that Rupert Murdoch has not supported his prosecution but the Crown Prosecution Service decided to push on anyway. He was initially charged with Section 5 of the Public Order Act, a charge with a maximum penalty of £1000 commensurate with income. Jonnie’s not rich. Shortly before his first court appearance he was dished up the charge of common assault largely on the basis of a single witness statement made by Trinity Mirror journalist Rachael Bletchley. A statement that also noted that, when she noticed her husband was being pied, Wendi Deng knocked over a woman in a grey suit and launched a physical attack on Jonnie that left him with a cut to his nose.
Jonnie’s sentence joins a recent list of deterrent punishments handed down to protestors — mostly for violent disorder. But what seemed to annoy Justice Wickham the most was that Jonnie deigned disrupt the “dignity” of proceedings that were of “huge importance” and that he did so in the Palace of Westminster.
Oh. Like that time in 2004 when two Fathers 4 Justice protestors hit then-Prime Minister Tony Blair with condoms filled with purple powder thrown from the public gallery — in the middle of Prime Minister’s Questions. They were charged with disorderly behaviour. Or when Plane Stupid protester Leila Deen poured green custard over Lord Mandelson’s face over a proposed third runway at Heathrow. She was cautioned.
Whether you agree with Jonnie’s actions on 19 July or not, the message sent at Westminster Magistrates Court was clear. Don’t do it. If you want to exercise your right to protest and take your dissent beyond the tapping grumble of the internet, consider the consequences of your actions. Just like those who cut public services to boost the private sector and hack voicemails to sell newspapers.
01 Jun 11 | Index Index, minipost
A journalist who was imprisoned for 10 months for “publishing “information that discredits the state and economy” has vowed expose overcrowding in Burundi’s state prisons. Jean-Claude Kavumbagu is planning to draw on his experience of life behind bars in Mpimpa Prison to expose the issue of overcrowding. The editor of news site Net Press said: “My plan is to draw attention to this and get the authorities to put it right.” Kavumbagu was released from prison earlier this month after campaigns by human rights groups and pressure from Western governments.
