Action for protection of rights of the detained was held in Sevatopol
In the middle of September 2004 L. Boslak started to participate in this affair. At once she disclosed a number of violations concerning her client. For about a month Kutarba and his accomplices were kept in the cells for temporary detained in the district militia station, they got no medical aid. When the advocate met with her client, she saw the traces of beating and intravenous injections. This could evidence about application of physical violence and narcotic drugs. Kutarba confirmed that. The investigators gave him narcotics in order to get the “needed” testimonies from him, since he was a drug addict. The petition of the advocate about the conduction of medical expertise was unavailing. Besides, she could not get the information about investigation actions connected with her client. The situation with other accused in this case was similar.
The appeals of advocates and relatives of the detained to the organs of investigation and to the prosecutors office did not change the state of affairs.
In such situation the Sevastopol human rights protecting group regarded as expedient, along with appeals to prosecutors offices of various levels and the ombudsperson, to communicate to Amnesty International about the violations of human rights. The urgent action was carried out. Enormous quantity of letters and faxes with protests against the violations of human rights was received by the General Prosecutors office, prosecutors office of Sevastopol and the Sevastopol city militia department.
There are some positive results, in spite of the fact that these instances did not acknowledge in their official responses that the rights of detained Kutarba, Dautiya and Keshikashvili had been violated.
The medical expertise was conducted (although after long delay -- 2.5 months), which confirmed the presence of physical injuries on Kutarbas body after his arrest. Medical aid is rendered, investigation actions are not realized without participation of the advocates. The advocate can use the materials, collected in the course of the investigation, for court defense of their clients and for handing the appeal to the European Court.