Examination is still a stumbling block in the case of torture of Peter Kuchura

2014 2014-09-19T15:37:31+0300 2014-09-19T17:18:09+0300 en http://spring96.org/files/images/sources/kuchura-014.jpg The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”
Ludmila Kuchura

Ludmila Kuchura

On September 19 have been a year since Peter Kuchura was poisoned by chlorine in Mogilev Penal Colony​​ #15. All this time, the investigating authorities, covering the administration of the colony, avoided forensic examination, which could confirm the torture of the prisoner.

It should be pointed out, the disabled of third group Peter Kuchura was placed in a punishment cell where the toilet was filled with a lot of chlorine on September 19, 2013. There happened a reaction as a result of contact with water, which led to the poisoning of the convicted by fumes of chlorine. He was replaced to another ward only after a significant deterioration of health, and medical care wasn’t provided. During the test held by the Prosecutor's Office of the Mogilev region, infirmary staff explained that for a long time chlorine is not used for disinfection in the PC#15. This means that in this case the chlorine could be used as a means of torture of the prisoner.
With the help of a HRC "Viasna" wife of the convicted filed a criminal complaint with the claim to conduct a forensic examination to establish the fact of poisoning, against the head of the PC#15 with the Office of the Investigative Committee of the Mogilev region on 5 November 2013. Since then, the story does not end. First, the Regional Department the Investigative Committee evaded their duties by redirection of a complaint to the Department of Execution of Punishments of the Ministry of Internal Affairs. There were no results after the appeal of these actions in the Investigation Committee of the Republic of Belarus and then in the Court.

The General Prosecutor's Office also unreasonably refused to satisfy the complaint of Lyudmila Kuchura. The hope has appeared six months later - after filing a complaint with the Human Rights Committee, the Regional Department the Investigative Committee in Mogilev region was compelled to compel a forensic examination to establish the fact of poisoning by chlorine and its consequences. But the senior investigator of the Mogilev interregional department of the Investigative Committee P.L. Skavarodkin only simulated his activities: during the forensic examination were studied only medical documents, but not the body of the victim for signs of the chemical effect. Ludmila Kuchura received a report on the appointment of an additional check with conduction of forensic examinations after the appeal of another refusal to institute criminal proceedings to city prosecutor. But it also turned to be a lie.

New details Lyudmila Kuchura learned of her husband's letter from the 3rd of September. Peter Kuchura writes that he received a decision of the investigator Skavarodkin, which reports on another refusal to institute criminal proceedings against the administration of the PC#15 on 25 August. But most stunning fact was the "additional forensic examination" is thought to have been compelled on the August 21.
Lyudmila says: "As wrote my husband, investigator Skavarodkin came to interview him on my complaint on September 3. And during the interview my husband pointed out that there was written that forensic examination was compelled, but examination has never been made. The investigator told him that there is carried out re-examination and the response to my complaint is going to be ready in October. But in the beginning of September, was gotten the answer (it wasn’t sent for me, but to my husband) that an initiation of a criminal case is denied, and that the fact of poisoning is not confirmed. It turns out, that a forensic examination is carried out, but we don’t even know about it – it’s understandable that such an examination isn’t compelling. "Arguments of investigator Skavarodkina about the “examination” are absolutely absurd and have no credibility. For example: "According to the additional forensic examination number 2293 of 08/21/2014 there is no information about any injuries at Kuchura’s body that can be related to the circumstances of 19.09.2013. If poisoning, including through the inhalation of chemicals fumes there cannot be any injures on the skin, therefore, they cannot be found”. Or, "Interviewed convicted Biazruchka V.N. and Pishchala E.A. of the PC #15 explained that convicted Kuchura didn’t express any complaints on chlorine poisoning during his stay in the PC#15".

"Can you see how it is absurd! Why is this investigator Skavarodkin decided that my husband had to complain about it to that particular two convicts - Byazruchka and Pishchala – says outraged Lyudmila Kuchura. - According to my husband, who are they to him that he should complains to them, he even did not communicate with them. And we must understand that the convicted person doesn’t want to have problems by giving testimony against the prison administration. Especially considering that the Mogilev PC​​#15 is known for cruelty of its administration, and a sufficient number of suicides among prisoners. That’s why how it can be expected that the convicts will do something against the administration? But to be honest, we are not surprised have such a response. When they have nothing to respond to, they just write what they like."
The woman believes that such the answers of investigative bodies are just another proof of guilt of administration of PC#15. "From all that is happening, it is clear that the Investigation Committee (I think they were given such a order) just covers criminal actions of the PC#15 and, most likely, all those who gave formal reply to our complaints without conducting inspections. After all, firstly we applied for a forensic medical examination. And if it had been carried out, there wouldn’t be further question. I think that if Kuchura was not poisoned that would mean that we had been slandered the decent people. And then we have been convicted to a criminal liability for libel. But why are they postponing and postponing the case until now? "
The application of Ludmila Kuchura requesting copy of the decision on the compelling of forensic investigator to the Regional Department the Investigative Committee in Mogilev was refused. But she intends to check out the materials of the compelled forensic investigator and suggests that have to go to court for further contestation of the illegal decision of the investigator Skavarodkin.