03/06/2020

Urgent Action Update: Detained Rights Defender Denied Medical Care (Russian Federation: UA 150.19)


Server Mustafayev, a human rights defender from Crimea currently standing trial before a Russian military court, is being denied adequate medical care. He is suffering from high fever and a viral respiratory infection, similarly to two of his co-defendants. Despite their condition, they were forced to attend lengthy court hearings, without water or food.

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Lt.-Gen. Sergei Kolomiyets
Military Prosecutor
Southern Military Region
Pushkinskaya Street 72a
Rostov-on-Don 344002
Russian Federation
Fax: +7 (863) 2827968
Email: [email protected] [email protected]
Ambassador Anatoly Antonov
Embassy of the Russian Federation
2650 Wisconsin Ave. NW, Washington DC 20007
Phone: 202 298 5700 I Fax: 202 298 5735
Email: [email protected]
Twitter: @RusEmbUSA
Facebook: @RusEmbUSA
Instagram: @RusEmbUSA
Salutation: Dear Ambassador

Dear Military Prosecutor,

I am writing concerning the case of Server Mustafayev, a human rights defender from Crimea, who is currently standing trial before the Southern Region Military Court and facing up to 25 years in jail if convicted. He and two of his co-defendants, Memet Belyalov and Seyran Saliyev, have recently developed the symptoms of a viral respiratory infection (VRI). Despite this, they were brought to the court and forced to spend several hours there, suffering from their medical condition and without food or water.

On 3 March, Server Mustafayev felt ill during the court hearing, but the court denied his repeated requests for medical attention. On 4 March, he had a high fever and VRI symptoms which he reported to the penitentiary administration. He was given an injection to bring down his temperature and transferred to the court. In court, he continued to feel ill but his requests to adjourn the hearing were denied. The failure to provide adequate medical care to prisoners may violate the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment, including under Article 7 of the International Covenant on Civil and Political Rights, in particular when such failure is the result of a deliberate act by officials.

Server Mustafayev is the founder and coordinator of the grassroots movement Crimean Solidarity, created to provide solidarity and support to victims of political and religious persecution that followed Russian occupation of Crimea. The charges against Server Mustafayev are trumped up and have been levied in retaliation for his human rights work. He is a prisoner of conscience and should be freed immediately and unconditionally. I urge you to take all the necessary steps to ensure that Server Mustafayev is released immediately and unconditionally, and all charges against him are dropped. In the meantime, he and his co-defendants should be provided with adequate medical care in accordance with international human rights standard, in particular the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).

Yours sincerely,

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