31/01/2008 - Detention of Aleksanyan in defiance of European Court decision, contrary to both international and Russian law
Prosecution statementMOSCOW. Jan 31 (Interfax) - The Russian Prosecutor General's Office said it found no violations of the law in the way Yukos Executive Vice President Vasily Alexanian is being held in custody.
"In the course of a check, no violations of the law on conditions for holding suspects and defendants in custody or the conditions for providing medical treatment to Alexanian were uncovered," the Prosecutor General's Office said in a statement posted on its website on Thursday.
Press Rebuttal
Responding to the statement released today by the Russian Prosecutor General’s Office, Drew Holiner, advocate and representative of Vasiliy Aleksanyan at the European Court of Human Rights, issued the following statement on his behalf.
“Vasily Aleksanyan, my client and the former Executive Vice President of Yukos Oil Company, is currently being detained in remand contrary to the binding decision of the European Court of Human Rights – repeated on four separate occasions, and most recently on 28 January 2008 – that the Russian Government must immediately transfer Mr Aleksanyan to a hospital specialised in the treatment of AIDS. This is notwithstanding claims by the Russian government before the European Court that he can be treated adequately in prison. Consequently it is astonishing that that the Russian Prosecutor General’s Office has issued a statement today finding that no violations of the law have been made regarding Mr Alexsanyan’s detention in custody.
“The European Court’s decision is binding on Russia as a matter of both international law and Russian domestic law. When Russia ratified the European Convention in 1998, it unconditionally recognised the jurisdiction of the European Court. The detention of Mr Aleksanyan in remand prison also contravenes Russian penal law which clearly states ‘inpatient treatment of [HIV] patients shall be carried out in a specialised clinic’ .
“On 21 December 2007 the European Court stated that if Mr. Aleksanyan dies or his health continues to deteriorate in detention due to the Russian Government’s failure to implement the court’s binding decision, it may find a breach of his right to life and to not be subjected to inhumane and degrading treatment.
“It is astounding that the Russian Prosecution General’s Office can claim that the conditions in the remand prison are adequate. On the contrary, Mr Aleksanyan is suffering from full-blown AIDS and is not receiving treatment urgently needed to save his life. Even worse, he is currently detained in the infectious diseases section of the prison hospital, a situation quite incomprehensible given the fact he has been diagnosed with acute immune deficiency. He has suffered from a persistent fever of over 38 degrees for over three months, and during his court hearing yesterday an ambulance had to be called to the courthouse. Emergency personnel declared him unfit to continue. Clearly, measures must be taken for my client’s immediate release to specialist care. In his statement to the Supreme Court on 22nd January, Mr Aleksanyan stated ‘I consider there is no legal basis for continuing my detention in my current condition……there is only grounds for continuing this if you want to kill me behind bars. There can be no other motive’.
“Mr Aleksanyan categorically denies the claim that he receives comprehensive medical help but refuses to receive antiretroviral therapy. Mr Aleksanyan has not received antiretroviral therapy at all while in remand prison, despite signing an express consent form in July 2007.
“An independent examination undertaken by specialist doctors in October 2007 concluded that Mr Aleksanyan requires treatment in a specialist AIDS centre due to the critical nature of his illness. There remains an imminent risk of death unless Mr Aleksanyan is transferred to a specialist medical facility where he can receive the treatment required to save his life.”
Drew Holiner
Advocate, St. Petersburg Bar
Mr. Aleksanyan's representative before the European Court
