Right to rehabilitation

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Transcript Right to rehabilitation

Right to rehabilitation

Interregional NGO “The Committee against Torture ”

Committee against torture

• Focus on research of torture problem • Investigation of torture claims • Rendering legal assistance for victims of torture • Represents the victim’s interests in court and in Investigation bodies • Provide medical rehabilitation • CAT work with human rights violation using specific method – method of combined mobile groups, that includes prompt reaction on mass violation of human rights in any Russian region and organization of independent investigation at the very place of incident.

Availability

• lack of comprehensive domestic regulations establishing the procedure of torture victim rehabilitation • Criminal procedure does not recognize torture victims as a category eligible for rehabilitation • Redress only the damage resulting from unlawful or unfounded criminal prosecution • Russian Code of Criminal Procedure does not provide for compensation and apologies for tortures

Appropriateness

• Russian authorities do not finance or implement services of rehabilitation for torture victims • Non-ratification of the Istanbul Protocol by Russia • Russian healthcare does not use such a notion as “torture victim” • Healthcare professionals in Russian hospitals and clinics are lacking the skills to diagnose and document torture-related injuries and question torture victims • The majority of healthcare professionals in Russia do not see the difference between a torture victim and an individual with an accidental injury

Torture-related injuries, torture victims usually suffer from psychological and psychiatric consequences of ill-treatment.

Victims another 10% stress disorder develops 90%

Accessibility

• Any citizen can count on basic somatic treatment free-of-charge.

• Torture victims as a rule need more specific and long-tern treatment due to the nature of their problems. Such treatment is not free-of-charge and can cost a fortune • Human rights NGOs take up the burden of organizing provision of medical assistance

• Medical insurance secures provision of a certain scope of medical services to a Russian citizen free-of-charge in case of insured accident (health issue), provided there is a contract with a medical insurance company If an individual does not have a policy of insurance, for instance, being a refugee, migrant, relocated person, or having a problem with documents, then this individual is outside the healthcare system

National Russia law provides for protection of victims and witnesses (but only on paper) • In a fact Human rights NGOs have hardly ever witnessed protection measures taken in respect of torture victims when there are irrefutable proofs of intimidation • Prosecutorial workers quite often do not conceal the names of applicants and witnesses from suspects Also • The state is absolutely indifferent to protect NGO members from external pressure. Nobody has incurred responsibility for murders humans rights defenders • Some of NGO members are exposed to criminal prosecution from the state (on 18 January 2012, Mr Igor Kalyapin have brought accusation in disclosure of the state secret) • “Foreign agent" law which requires non-profit organization to register as ‘’foreign agents’’ which means that the human rights organization get under pressure from the authorities

Very few people who are kidnapped survive. Only one person, as of today, is ready to cooperate with the investigation and identify the members of the police who tortured him. That person is Islam Umarpashayev.