Police Investigators Request Compulsory Psychiatry Treatment for Joke on VK Social Network OVD Info
20 August 2018
Police investigators in Petersburg have asked a court to commit Eduard Nikitin, a disabled man charged with arousing enmity by posting a joke on the VK social network, to compulsory psychiatric treatment, writes Interfax news agency.
Petersburg’s Nevsky District Court is currently hearing the case in closed chambers.
The charges against Nikitin were filed in 2017. He was accused of violating Article 282 of the Russian Federal Criminal Code for posting a caricature and joke on his personal page on the VK (Vkontakte) social network in 2015.
“He was given a psychiatric evaluation. Police investigators have asked the court not to criminally prosecute him, but to have him committed to compulsory treatment,” Maxim Kamakin, the accused man’s attorney, explained to Interfax.
Forensic examiners discovered “extremism” in a joke in which a character doubts the positive changes after an election, as well as in the use of the word vatnikin a caricature.
“This is the first time I have heard of charges like this being filed for a joke, albeit not the most decent joke and a political one to boot,” Kamakin added.
Nikitin said he was summoned by police investigators as part of an enquiry in 2016. Subsequently, the investigators did not contact him for over a year. In late 2017, however, Nikitin received notification of criminal proceedings.
Psychiatry as a Tool of Political Repression in Crimea
Special to The Russian Reader
April 9, 2017
Lawyers and human rights activists claim the Russian authorities in annexed Crimea have been persecuting human rights activists, most of whom belong to the Muslim Crimean Tatar community. The Crimean Tatars, who make up about 15% of Crimea’s population, have vocally opposed Russia’s occupation of the Ukrainian peninsula since February 2014. As a result, the group has been specially targeted by Russian authorities. Many Crimean Tatars have been forced to leave the region to avoid harassment and arbitrary arrest.
According to a new report, presented on March 23 by Ukrainian advocacy group Crimea SOS, a total of 43 local activists have been abducted since Russian troops occupied Crimea in February 2014—allegedly, by the Russian authorities and their accomplices. Eighteen of those who were abducted are still missing and six have been found dead.
Robert van Voren, a Dutch human rights activist and political scientist, said that, since the annexation, many Crimean Tatar activists who oppose the occupation have been arrested and subjected to abuse and imprisonment in psychiatric institutions.
“Since the annexation of Crimea, Russian authorities have prosecuted and forced into exile virtually all those who oppose the Russian occupation, including key leaders and activists within the Crimean Tatar community”, he said.
Emil Kurbedinov, a prominent Crimean lawyer, told the Guardian that, between December 2016 and March 2017, twelve Crimean activists were forcibly admitted to psychiatric hospitals in Crimea. Four of them remain in hospital, while the rest have either been transferred to prison or discharged.
According to Kurbedinov, Crimean activists are treated in a degrading way and face appalling conditions in psychiatric hospitals.
“Some are placed in isolation and are denied their basic needs, such as access to a toilet. Others are housed with numerous people suffering from severe mental illnesses. The activists are interrogated about their alleged involvement in ‘extremism’ and their views of the government. They are also deprived of the right to speak with their families or meet their lawyers on a one-to-one basis without a guard being present. All of this violates international law,” he said.
All of the Crimean activists were arrested on suspicion of involvement in Hizb ut-Tahrir, which Russia, unlike Ukraine and other countries, has declared a terrorist group. The Kharkiv Human Rights Protection Group (KHPG) asserts there is no evidence to suggest the organisation has anything to do with terrorism, nor is there any proof the men were even involved in the group.
Kurbedinov says their arrest was illegal and a breach of protocol, as it was not sanctioned by a judge but ordered by a police investigator.
According to KHPG, a further 19 Crimean activists are currently in custody, accused of involvement in Hizb ut-Tahrir. Memorial, a Russian human rights organization, has declared all the activists in custody political prisoners. KHPG claims that one of the detainees, Emir Kuku, was most likely arrested due to his work for the Crimean Contact Group on Human Rights, which provides legal assistance and support to members of Muslim groups.
Last year, Kurbedinov defended Ilmi Umerov, a Crimean Tatar activist who openly opposed the Russian occupation. Umerov was sent against his will to a psychiatric hospital in August 2016. Russia’s Federal Security Service (FSB) detained Umerov in May 2016 in the Bakhchysarai District and charged him with separatism. Umerov is also a representative in the Mejlis of the Crimean Tatar People, an elected body that was suspended by Moscow after it annexed Crimea. Human Rights Watch heavily criticized the case, calling it “a shameful attempt to use psychiatry to silence [Umerov] and tarnish his reputation.” Umerov was released twenty days after his confinement.
Kurbedinov argues that these cases have “acutely raised the issue of the vulnerability of ordinary citizens who have no civil rights whatsoever before the legal and judicial monolith.”
The practice of punitive psychiatry in the present day is particularly disturbing given its historical use as a tool of rampant political repression the in the later decades of the Soviet era. Psychiatry was used to systematically confine and punish Soviet dissidents. However, under President Vladimir Putin, cases of the alleged political abuse of psychiatry have resurfaced, leading many to believe that the Soviet-era practice has returned.
The involuntary hospitalization of protestor Mikhail Kosenko in Russia in 2012, is just one of many modern-day cases that has been widely held up as an example of the political abuse of psychiatry. Kosenko was convicted on charges of rioting and assaulting a police officer during the Bolotnaya Square anti-Putin protests in Moscow on May 6, 2012. The case sparked international attention from human rights activists, who asserted the charges were fabricated and that Kosenko’s hospitalization was unnecessary.
The abuse of psychiatry in Russian criminal trials is not uncommon, according to Yuri Savenko, psychiatrist and head of the Independent Psychiatric Association (IPA) in Russia.
“Psychiatry is now frequently part of the procedure in criminal trials where there is no concrete evidence: it is more economical in terms of time and effort just to obtain a psychiatric diagnosis,” he says.
This disturbing phenomenon is of particular concern to the Federation Global Initiative on Psychiatry (FGIP), a human rights organization that protects human rights in mental healthcare. FGIP closely monitors the practice and is currently compiling a report about cases of psychiatric abuse in the post-Soviet states, to be published later this month.
Chelaybinsk Resident Alexei Moroshkin’s Stay in Mental Hospital Extended Six Months OVD Info
January 11, 2017
On January 10, the Soviet District Court in Chelyabinsk extended Alexei Moroshkin’s forced confinement in a psychiatric hospital for another six months, according to his mother Tatyana Moroshkina. Moroshkin had been sentenced to compulsory psychiatric treatment after having been accused of calling for violation of the Russian Federation’s territorial integrity.
According to Moroshkina, the court paid no attention to any of the arguments made by the defense, neither that her son’s actions and statements did not pose a threat to others, nor that, according to his medical record and the opinion of his physician, he was not dangerous and there was no need to hospitalize him. In making its ruling, the court was guided by the unsubstantiated opinion of court-appointed experts that Alexei Moroshkin could be dangerous, said his mother.
Moroshkin was committed to Regional Clinical Mental Hospital No. 1 in Chelyabinsk in December 2015. Prior to this, a court had considered the charges of calls for separatism made against him in connection with texts, posted on the VKontakte social network, about the need to establish a Ural People’s Republic. In November 2015, a court absolved Moroshkin of criminal liability, declaring him mentally incompetent on the basis of opinions submitted by medical forensic examiners, who during the police investigation had diagnosed him with paranoid schizophrenia, adding that he suffered from the “delirium of religious reformism.” This diagnosis was occasioned, apparently, by Moroshkin’s online publications and interviews dealing with the virtual Church of the Chelyabinsk Meteorite, which he had invented. At present, acccording to his mother, the medical experts do not mention delirium, but nevertheless consider her son mentally ill and a danger to others.
Before criminal charges were filed against him, Moroshkin had never been under a psychiatrist’s care.
According to his mother, Moroshkin’s physical condition has deteriorated: he suffers from a heart disease. The court also failed to take this circumstance into account.
In October 2016, Moroshkin was suddenly transferred to a wing with worse living conditions than before. Shortly before this, the hospital’s head physician was fined for refusing to provide information about Moroshkin to his defense attorney.
Currently, another case involving Moroshkin is under investigation. He has been accused of painting a bust of Lenin in Chelyabinsk in the colors of the Ukrainian flag and charged under Article 214.2 of the Criminal Code (vandalism).
I read in the news what happened to me today [Sunday]. I was surprised by a lot of what I read and decided to write my own account.
I had been taking pictures of an unauthorized LGBT march in support of social and labor protests on Nevsky Prospect. The march ended in the Catherine Garden. After it was over, some of the activists, who had folded up their banners and placards, and the journalists crossed the street to Malaya Sadovaya, where the National Liberation Movement (NOD) were holding a rally. The NODites and activists got into a war of words, and I pulled out my my camera. In particular, I photographed a colorful NODite in a fur hat who immediately hit my camera before kicking me several times (One of the blows was captured on Arseniy Vesnin’s video). The NODites also shouted that I was a “little Yid.”
The NODites often insult other people and let their fists and feet do the talking (the most striking example was the attack on Arseniy Vesin himself), and I asked the policemen standing nearby whether they could do something about the assailant. They refused to register my complaint, and so I called for a police patrol to come to the scene. They arrived very quickly, but they refused either to detain the assailant or even check his papers. Instead, they checked my papers. After I asked them repeatedly, they finally gave me a pen and paper so I could file a complaint.
When I had finished writing the complaint, it transpired the NODite had already escaped. I was told I could go to the police precinct [to file the complaint] whenever I liked. I stepped away to discuss with Arseniy whether it was worth going to the precinct right then. The police came over to me and said one of the female NODites had filed a complaint against me for attempting to disrupt their authorized rally. The police took me to the 78th precinct, on Chekhov Street.
At the station, the police almost immediately drew up papers stating I had been delivered to the precinct, and then I went to give testimony about my own complaint. Initially, everything was cool, only they kept asking me questions about the LGBT rally. How had I found out about it? How had I met with them? Where had been going?
I refused to answer these questions. The police responded by asking me whether I was in my right mind. Then the deputy commander of the precinct showed up. First, he demanded I turned off my phone (I refused), and then he came down hard on me, saying I was not a journalist, that I could not prove I worked for Kommersant. (I really did not have my ID on me, but I had contacted the editors, and I knew they had telephoned the precinct and confirmed my testimony.)
The deputy commander kept “poking” me, saying I had no respect for the authorities, elders, and the police. I agreed with this, reminding that my assailant had not been detained. When our argument turned more emotional, he threatened to call an ambulance brigade to check my mental competence. Then he left.
The police finished taking my testimony and left me to wait, god knows for what. The whole time Varya Mikhailova and my dad were at the front desk. They were told I had not been detained, but delivered to the police station, and that I would be released any minute now. Arseniy Vesnin, who had testified that the NODite had assaulted me and had tried to give his video to the police, was also at the station.
For a while, nothing happened. Then suddenly an ambulance brigade showed up. They immediately grabbed my papers from the table. When I protested, they told me to move to another chair. I had been sitting right under the surveillance camera and for my own safety I didn’t want to move to another chair, which I told them. So they tried to move me by force. When I resisted, the doctor attempted to strangle me, and two orderlies twisted my fingers and tried to tie my hands with a tourniquet. Yet they could not manage to move me to another chair. I stayed where I was. They also tried to confiscate my camera bag, which I held onto with my elbows. I said they would take it away from me over my dead body.
“No problem,” they replied.
The whole time I was shouting and calling for help, but the police were laughing and filming the incident on video.
Meanwhile, the orderlies whispered in my ear that they would “fuck [me] up” and “kick [me] in the balls.” Just like the NODites, the medics made fun of the fact I was Jewish. They asked me something about the “Christmas seder” (?) and made several jokes about circumcision.
As I learned later, the deputy precinct commander was chatting with my father while this was going in. The policeman was trying to persuade Dad I was a “difficult boy.” He asked him something about fights, alcohol, and drugs. He said I was behaving inappropriately: I was, allegedly, sitting hunched up and constantly making phone calls. The doctor later told my father that I had not been taken away to the insane asylum only because he, my father, had turned up at the precinct.
After half an hour of “conversing” with the medics, the sense of which I still have not figured out, I was untied and released from the precinct. The misdemeanor charges filed against me by the female NODite were dropped.
At the trauma bay, the bruises on my neck and arms, and the scrapes and scratches on my fingers were photographed and registered.
Such is the work of a journalist. I’ll post the report from the march a bit later.
Trampled by the Madding Herd
Darina Shevchenko 16-year-old Gleb Astafiev is being tortured in a psychiatric hospital because of his picket in support of Pyotr Pavlensky Radio Svoboda
June 11, 2016
In late May, Gleb Astafiev, a 16-year-old resident of the village of Ketovo in Kurgan Region, held a solo picket in defense of artist Pyotr Pavlensky, then on trial in Moscow for setting fire to the doors of FSB headquarters. The young man sewed his mouth shut, grabbed a placard on which he had written the inscription “Pyotr Pavlensky’s action was a replay of Varg Vikernes‘s famous gesture,” and stood next to a store in downtown Kurgan. This was a reference to Pyotr Pavlensky’s first action, Seam (July 23, 2012), in which the artist sewed his mouth shut and took to the streets of Petersburg with a placard that read, “Pussy Riot’s action was a replay of the famous action by Jesus Christ.”
Astafiev was taken to a police station, and then sent to the Kurgan Regional Neuropsychiatric Hospital.
On the day Pavlensky was released, Astafiev was able to access the Internet for the first time during the thirteen days of his incarceration at the mental hospital and contact the outside world. He told Radio Svoboda how he had wound up in the hospital and what was happening to him.
Gleb, who sent you to the psychiatric hospital?
After the police detained me when the picket was over, my mother talked for two hours with them. I think they did a number on Mom, because she came back for me accompanied by an ambulance crew, and I was hauled off to the looney bin. My mom thinks I am crazy. She is convinced that normal people don’t sew their mouths shut and take to the streets bearing placards. Mom is a simple woman, and she doesn’t understand my action was an artistic metaphor. The closed mouth is a symbol of the absence of freedom of speech in Russia. My mom watches TV too much, so her mind has been warped by propaganda. It’s very hard to explain the message of my action to her. Mother did not support my creative experiments, but after the action she got angry at me. She doesn’t even bring food to the hospital. Grandmother, on the contrary, has been treating me better since the action. Now she sympathizes with me. The relatives are not planning to spring me from the nuthouse for the time being. The doctors have not said anything to me about the subject.
You sound very calm and confident. How do you feel? Have you been forced to take meds?
They tried to vegetate me with pills, but I spit them out. The first five days I was held in the special supervision ward. They tossed me in with the worst crazies, but I was forbidden to leave the ward. I was in there with eight oldsters. Three of them rarely showed any signs of life. The other five screamed at night, beat the floor with their fists, and raved. They tried to force me to kowtow: to wash the floor and clean up. I refused. I am currently under routine supervision, but I cannot leave the wing.
Do you know that Pyotr Pavlensky has been released? Do you regret you wound up in the mental hospital because of your action in support of the artist?
Of course not. I am very glad for Pavlensky! Maybe it was thanks to the support of different people, including me, that he was released. The regime really doesn’t like people like Pavlensky, because a real actionist is a free spirit and openly declares it. I think I did my bit for free speech with my action, which was, of course, a reference to Pavlensky’s actions.
What were your feelings when you were standing there alone holding a placard, surrounded by strangers who were probably aggressive to you? Did anyone support you during the action?
I thought up and did the whole thing myself. My action was entitled F.P.P. (an abbreviation for “Free Peter Pavlensky”). Passersby reacted differently. Mainly, people were surprised. There were lots of riffraff there. One creep swore at me at the top of his lungs for twenty minutes. Some people came up to me and had their pictures taken. There was an old couple who stood next to me the whole time. Once, the old woman came up to me and said, “You’re a fool. One man does not make an army.” The old man periodically yelled loudly, “Look, people! He is holding opposition placards!” I ignored all of it.
Around thirty minutes after I started the action, two grown louts in black vests (security guards, apparently) came out of the Pushkin Shopping and Entertainment Center. One of them jumped me and tried to grab the placard. I wouldn’t give it up. A dude who was around twenty saw the scene from the window of his car. The fellow jumped out of his ride and told the guard to leave me alone. It’s a pity that many people don’t understand the difference between art and hooliganism and madness. Actionism is lovely! I really love actionism, especially Viennese actionism.
Why are you able to see the difference?
Hard to say. I’m an ordinary schoolboy from a simple family. I read a lot, especially science fiction. I think a lot about what’s going on with my own head. I want to have a vivid, interesting life, not a life like the majority’s: home, work, and television. I can’t talk anymore. I see the medical staff coming.
Gleb Astafiev’s action has sparked a fierce debate among Kurgan Region residents on social media. Some Internet users have admired the young actionist’s audacity and honesty. Others have written that Astafiev is as abnormal as Pavlensky. Astafiev has said he is uninterested in the negative feedback of philistines. He is suffering from a lack of communication most of all now. A girlfriend has been visiting Gleb at the hospital. She asked that her name not be printed, because she did not want to attract any public attention.
“That hospital is a hellish place: closed, stuffy, and miserable. Gleb is now all alone there. He is very depressed: almost no one comes to visit him. He doesn’t even have anything to read. Gleb asked me to buy him science fiction books. Gleb’s pupils are dilated: apparently, they are medicating him. I don’t know Gleb that well. Before his incarceration in the hospital, we had seen each other only five times. We met by chance at a concert by a local band. He wanted to have his picture taken with me and my ex-boyfriend. Then Gleb seemed like a cheerful, carefree, very dear and open boy, a young idealist with a dream. He and my ex-boyfriend then traveled to a Krovostok concert. A bit later, I realized that Gleb was very independent and intelligent, and had a very strong spirit for his age. Even today at the hospital he didn’t complain and didn’t ask for anything special except a couple of books and a bit of food. I know nothing about Pavlensky, but Gleb had the right to support him. I am surprised his mother sent Gleb to the hospital, but he is definitely not a whacko, as the majority thinks. The opinion of the herd is often wrong.”
Pyotr Pavlensky is not the only artist whom Astafiev has tried to support. In November of last year, the team at the news website Mediazona shot a documentary film about Astafiev. The reporters there were touched by the story of a young man who had borrowed money to travel from his village to the trial of the band Krovostok. In November 2015, Yaroslavl Regional Court considered rescinding a district court’s decision to ban the group’s songs and block its website. The trial resembled a comedy with a happy ending: the court took the side of the musicians. The members of Krovostok liked Astafiev so much that when the trial was over they took him along with them to Moscow for a big concert.
Margarita Filippova, photo and video editor, Mediazona:
“We were making a series of documentaries about the Krovostok trial. I noticed a long commentary by Gleb on Instagram. He wanted to know when the next hearing was and whether he could come to Yaroslavl to get the autographs of the guys in Krovostok. The photographs in Instagram initially made him look too eccentric. But when we saw him at the train station, we realized he was a very modest, friendly guy. That was when it occurred to me to show this absurd trial through the eyes of a touching 16-year-old boy who made the long trip from Kurgan to support his idols. Gleb is like a kid from another world, a world distant from our reality where we lazily follow insane trials on our iPhones, sighing and voicing our dissent, at best, on Twitter.
“Gleb sees the world like an artist, but at the same time he has a very rational attitude to reality. He has a good sense of the country in which he lives, and he really wants to change his life. I’m sure it will work out for him. Gleb feels responsible and concerned about other people. When I was sixteen I wasn’t worried about protesting artists, and I sure didn’t know what a court trial was.”
Zarina Kodzayeva, camera woman, Mediazona:
“Gleb is a very independent and open person. It seemed to me that Gleb didn’t have a drop of the infantilism you would expect from a teenager. He argues things sensibly and behaves like an adult. He and I chatted a lot when we were shooting the film. I found it very interesting to listen to him. Gleb writes things himself. When he speaks, you can tell he loves the Russian language. I got the sense this kid believed in the power of deeds. It really was important to him to support Krovostok and Pavlensky. One of the most important questions in documentary filmmaking is who can be a main character, the hero, and who cannot. Aside from the context, which might turn into a story, there is always an intuitive understanding that probably has to do with a person’s energy. I think Gleb is an absolute hero. And now he continues to prove it with his actions.”
Translated by the Russian Reader. Thanks to Comrade AM for the heads-up. Photos courtesy of Radio Svoboda
Court in Voronezh Rejects Forced Psychiatric Hospitalization of Opposition Activist Rosbalt
May 12, 2016
A Voronezh court has refused to involuntarily hospitalize opposition activist Dmitry Vorobyovsky in a mental hospital. As Voronezh political activist Alexander Boldyrev has informed Rosbalt, the opposition activist has been released from the hospital.
“I did not even expect this outcome, since even the hearing was declared open. But the prosecutor’s office did not support the motion to involuntarily hospitalize Vorobyovsky,” said Boldyrev.
Commenting on Vorobyovsky’s release, lawyer Olga Gnezdilova suggested that appeals by human rights organizations played a role by forcing law enforcement officials to pay attention to the letter of the law.
On Friday, May 6, Vorobyovsky was forcibly taken to the clinic from his home. People who said they were employees of the city gas company called at the door of his apartment. When Vorobyovsky opened the door, he was restrained and dragged off to an ambulance. The administration of the Voronezh Regional Psycho-Neurological Clinic filed a petition with the court to have the man forcibly hospitalized. Doctors called the hunger strike Vorobyovsky announced after his abduction “symptoms of his illness.”
Translated by the Russian Reader. Thanks to Comrade VZ for the good news. Photo courtesy of Amnesty International
How Quiet Peace Activist Vorobyovsky Wound Up in a Mental Hospital: His Lawyer’s Story
Alla Chernyshova Activatica
May 11, 2016
On May 6, someone rang the door of Voronezh grassroots activist Dmitry Vorobyovsky. The people at the door said they were from the municipal gas company. However, as soon as they entered the apartment, it turned out they were psychiatric hospital orderlies. They suddenly restrained Vorobyovsky, despite his sister’s protests, and took him to the Voronezh Psychiatric Hospital in the city’s outlying Tenistyi neighborhood. Vorobyovsky is currently at the hospital, where he has been injected with unknown drugs.
At 2:15 p.m. on May 12, the Soviet District Court in Voronezh will hear Vorobyovsky’s case. The psychiatric hospital wants to get a legal seal of approval for his hospitalization. Civil rights activists have launched a campaign of support and have asked people to send letters to the Prosecutor General’s Office.
How legal and justified was the activist’s hasty hospitalization? To find out, I spoke with his lawyer, Olga Gnezdilova.
Was there any background or reason for what happened?
Theoretically, there is a background. The doctors cite the fact he was diagnosed in 1983, and he had been registered with the hospital. But he has felt absolutely normal for thirty years. He has not been aggressive. So now we have posed the question: if he needs treatment, then prescribe a course of treatment. He can undergo treatment at home. After all, he was not showing any signs of needing hospitalization or even treatment, meaning he interacted normally with other people and went to protest rallies. But of course he really irritated the local authorities. He has been detained by police on several occasions. But there are no grounds for subjecting him to compulsory medical treatment.
Were there incidents when he behaved aggressively?
No, Dmitry is generally a very calm person. He holds pacifist convictions. He is against violence, and he has protested the war in Ukraine. He is a very cultured, polite person. He has never had any aggressive outbursts his entire life, although formally, he had this diagnosis. On the other hand, even odd behavior is not cause in itself for forcible hospitalization.
He has been absolutely calm and living with his sister. They entered his home under false pretenses, by pretending to be city gas company employees. His sister objected to his being detained, since were no grounds for it at all. When I spoke with him, he told me the whole story himself.
Why do we have to go to court now? Because there we can voice an alternative stance. We need a platform where we can voice our arguments. Currently, he is basically being held against his will, but by law a court hearing has to verify the validity of the claims against him. In court, we can petition to conduct an alternative forensic examination as to whether he is a danger or not. Generally, being a danger to society or oneself is grounds for involuntary hospitalization: for example, if a person beats his head against the wall or plans to kill someone. This does not apply to anyone and everyone whose health is a bit quirky.
What, in your opinion, was the real reason for the hospitalization?
At first, we thought it had to with the May 9 celebrations, which were attended by various officials. Dmitry often takes to the street with placards. It is usually one and the same placard. [See the photograph, above — Editor.] They probably thought he would spoil the “view” for them.
But now it is May 11, and he still has not been released. So, basically, it is hard to say. Maybe it has something to do with the [nationwide parliamentary] elections [in September]?
Some dispatched an ambulance to his house. The hospital won’t say who it was. We think it was the work of our secret service.
How is Vorobyovsky now? Are they giving him shots of some kind?
Yes, they are injecting him with drugs. We don’t know what they are. The doctors are not telling either us or him what they are, claiming it is confidential medical information.
But have they affected his condition?
Basically, he feels okay right now. He is not sluggish or sleepy. I have spoken with him: he conversed with me normally. It is another matter how long this will last.
Tell me, how does the whole situation appear from a legal point of view? They gained entry to his home disguised as municipal gas company employees, restrained him, and took him away.
From a legal point of view, they should have put the issue to the court within forty-eight hours. We really expected a hearing on May 8. We spent the whole day running around to the on-duty prosecutor, to the court, to the hospital. Everywhere we went, we told them that since they had detained him right before the holidays, on a business day, at five in the afternoon on May 6, then be so kind as to put the issue to the court, find an on-duty judge. But we were told that on-duty judges do not rule on such matters, only on arrests. There is a law that allows judges five days to review the hospital’s petition. But at the same time, this provision had already been ruled unconstitutional a bit earlier. Generally speaking, according to the Constitution, any detention must be authorized by a court within forty-eight hours. Even if a person is considered violent, and they grabbed him and tied him up, be so kind as to put the question of his hospitalization to the court.
That did not happen, and we believe this is a serious violation. We have already obtained authorization from Vorobyovsky for an appeal to the European Court of Human Rights, at least in connection with his being detained for forty-eight hours without a court order and his being tied to the bed.
He was tied up?
Yes, for the first three hours after he was brought to the hospital, he lay tied up. His hands and feet were tied. His body went numb, of course. It is a very painful procedure. We are going to file a complaint.
Where is he now?
Vorobyovsky is at the Voronezh Municipal Psychiatric Hospital, in the Tenistyi neighborhood.
Do you think he ended up there because of his public activism?
We think someone instigated the call due to his public activism.
What protest rallies was Dmitry involved in?
Practically in everything that took place. For example, he was involved in a picket in defense of [imprisoned environmentalist] Yevgeny Vitishko, in a rally against the war in Ukraine, in a rally against proposed nickel mining in Voronezh Region. Basically, he has always joined in every opposition event. And yet on his part there have never been any conflicts or aggression, any reason to isolate him from society, like now.
But there were arrests?
Yes, there were administrative detentions. But that is a common occurrence at such events. A few people are always detained by police.
What are your next moves for getting him out?
We are now mostly waiting for the court’s decision. We cannot go any further without it.
On May 8, we appealed to the prosecutor’s office to intervene. They forwarded our appeal to the Investigative Committee. It now must make a decision within three working days, beginning yesterday. However, under these circumstances it is the prosecutor’s office and the court that will primarily be making the decision.
As soon the court’s ruling is rendered, we will be contacting the European Court of Human Rights. It cannot be done earlier.
In addition, Amnesty International has now launched a campaign for people to bombard the prosecutor’s office and the municipal health committee with requests to comment on Vorobyovsky’s case.
Journalists in Voronezh have told me that all day yesterday people were calling the city health authorities and mental health clinic. However, citing medical confidentiality, the officials refused to comment even on the fact that Vorobyovsky has been detained too long without a court hearing. Meaning they will not even answer questions have nothing directly to do with medical issues. The prosecutor’s office has been telling callers they can complain to the Investigative Committee, that they are not planning to do anything.
At the moment, we are hoping the campaign will ultimately make them start giving people answers.
How are the doctors behaving under the circumstances?
Differently. The on-duty doctor who was there when I visited the hospital and asked Vorobyovsky to come out of his room and meet me, basically agreed with me when I said he was completely normal and behaving well. Yet she said that was because he had already been receiving treatment. The deputy chief physician, with whom I spoke on the phone, told me quite confidently they would definitely file suit, and that there were grounds for compulsory treatment and confinement in the hospital. But he considers Vorobyovsky’s diagnosis such grounds. Yet the doctor could not tell me the reason for the hospitalization and said the hospital did not know who called the ambulance.
I gather that who called the ambulance is the big secret?
Yes. And the hospital also believes that Dmitry is having a relapse. But the question is what this relapse consists of.
So a man is sitting at home, not bothering anybody, and an unknown person calls the ambulance for some reason. So the next event is the court hearing on May 12?