"WOMAN. PRISON. SOСIETY" PRESENTS
JUSTICE FOR THE OUTCAST
How low-caste prisoners are trying to achieve justice in Russia and international courts.
Introducing the "Outcast" series, part 4.
We continue our discussion about the situation of prisoners from the lowest caste of Russian prisons. Our previous 3 works covered the situation of LGBT persons in detention sites, cases of sexual violence and the involvement of prisoners in the porn industry. In the last work of this series, we talk about how the "outcasts" are trying to find justice in Russia and abroad, and why the Federal penitentiary service refuses to protect those who are subjected to violence and discrimination.
I endured, but it was getting worse
The story of the "offended" A.
Three years ago, the father of prisoner A. went to the lawyers of the Public Verdict for help. His son was serving his sentence thousands of miles from home in the Mordovian penal colony and was being subjected to physical and moral humiliation. His story was among the 32 complaints from the most oppressed people in prisons in Russia, distributed by the European Court of Human Rights (ECHR).

According to the father of the prisoner, "moral and physical pressure is exerted on my son by prisoners at the request of the administration of the institution. In the Russian penal system prisoners who cooperate with the administration receive improved conditions of detention. In exchange, at the request of the FPS officers, they put moral and physical pressure on other prisoners and receive privileges for this. My son complained, but his claims were either not accepted, or were taken down but not actually investigated."

Since mid-April, the prisoner has been in solitary confinement. Threats still come from prisoners in adjacent cells. In early May, he was taken to the "hospital" (which is just medical institution at the FPS). Because of these unbearable conditions, he slashed his veins open.

A. endured bullying, beatings and violence, but his situation was getting worse. Complaints to the FPS didn't bring results. Employees didn't consider it necessary to place the prisoner in a safe place, despite the suicide attempt and systematic humiliation.

According to the FPS, there was no attempt at murder – the prisoner struck himself with a sharp object in the right abdomen. Even such an injury didn't encourage the Investigative Committee to take up this case, and everything was settled in an internal audit of the colony administration.

"The arguments set out in the appeal weren't confirmed".

"There are no grounds for applying security measures to the convicted person in accordance with Art. 13 of the Criminal Executive Code of the Russian Federation."

With the help of lawyer Alexei Laptev, the prisoner's complaint about conditions of detention, discrimination and violence was communicated to the European Court of Human Rights.
“
My client is convicted of a crime against sexual integrity. Such prisoners are at risk. It is impossible to say that he is broken. He appealed to different authorities. And now his complaint about harassment in the penal colony is being reported to the European Court of Human Rights.
Alexey Laptev, lawyer, "Public Verdict"
Russia's response
How the Federal Penitentiary Service responds to complaints
Full transcript of the FPS response
We are informing you that your appeal to the Federal Penitentiary Service of Russia in the Republic of Mordovia from the Federal Penitentiary Service of Russia in the interests of the convicted serving his sentence in the Federal Penitentiary Service Correctional Colony No. 1 of the Federal Penitentiary Service of Russia in the Republic of Mordovia (hereinafter – CC-1) is being considered...
Federal service of execution of punishment

Department for the Republic of Mordovia (Federal penitentiary service of Russia for the Republic of Mordovia)

12, Kosarev st., v. Yavas, Zubovo-Polyansky district, Republic of Mordovia, 431160

tel. (83457) 2-44-36, 2-28-74,

Fax (83457) 2-41-41

ufsin@13fsin.ru

We are informing you that your appeal to the Federal Penitentiary Service of Russia in the Republic of Mordovia from the Federal Penitentiary Service of Russia in the interests of the convicted serving his sentence in the Federal Penitentiary Service Correctional Colony No. 1 of the Federal Penitentiary Service of Russia in the Republic of Mordovia (hereinafter – CC-1) is being considered...

Relations between employees and convicts of СC-1 are built in accordance with the criminal Executive legislation of the Russian Federation, the facts of humiliation of human dignity, violations of the legal rights and interests of the convicted person * ***** by employees and convicts of the institution haven't been established. Any conflicts between convicts ***** and other convicts of the colony isn't established.

During the period of serving the sentence in the CC-1 to the convicted ***** administration staff used physical force 1 time: his both hands were bend behind the back. This fact was verified, the materials were sent to the Zubovo-Polyansky Interdistrict investigation Department of the Investigative Department of the Investigative Committee of Russia in the Republic of Mordovia for decision in the order of Articles 144, 145 of the Penal Enforcement Code of the Russian Federation. The authority issued the resolution on refusal in excitation of criminal case on the grounds provided by item 2 of part 1 of Article 24 of the Penal Enforcement Code of the Russian Federation.

There were no other cases of using physical force or special means to the convicted person ***** during the time of serving the sentence in CC-1.

In addition, your appeal contains information that on the 16th of March 2019 an attempted murder was committed against a convicted person. On this fact, the staff of the colony conducted an inspection. It was established that on the 16th of March 2019 the said convict committed an act of self-harm (a sharp object was struck in his right hypochondrium). The probative materials were sent to the Zubovo-Polyansky interdistrict investigative Department of the Investigative Department of the investigative Committee of Russia for the Republic of Mordovia for making a procedural decision.

Totally, while serving the sentence for the convicted *****, there were 4 cases of self-harm (injury) registered in CC-1, including the fact which was on the 11th of December 2018. Inspections were carried out on all these facts, the materials were sent to the investigative authorities for making a procedural decision. Any violations of the law in the actions of employees and convicts of the institution in relation to the convicted person ***** hadn't been established.

Health care for a convicted person ***** was arranged in accordance with Federal law No. 323-FZ of 21.11.201 "on the basics of public health care in the Russian Federation" and order No. 285 of the Ministry of justice of the Russian Federation of 28.12.2017"on approval of the procedure for providing medical care for persons in custody or serving a sentence of imprisonment" and other legislation in the field of health care.

Penalties against convicts in the colony are imposed in accordance with articles 115, 117 of the Criminal code of the Russian Federation. When applying a penalty to an incarcerated person, the circumstances of the violation, his personal characteristics and previous behavior are taken into account. When imposing penalties, the disciplinary Commission of the institution is guided by the current Legislation on criminal procedure of the Russian Federation.

During the time of serving his sentence in CC-1, the convicted ***** didn't address the administration staff with oral and written appeals, or statements about the threat to his life and health. There was no information about the physical and moral pressure exerted on him by the convicts and employees of CC-1.

There are no grounds for applying security measures to a convicted person in accordance with article 13 of the Criminal code of the Russian Federation.

The transfer of the convicted person for further serving of punishment from one correctional colony to the same another under part 2 of article 81 of the Penal Enforcement Code is allowed in a case of illness of the convicted person, or to ensure his personal safety, or in case of reorganization or liquidation of the facility, as well as in other exceptional circumstances preventing the further finding of the convict in the correctional institution.

There are no circumstances preventing a convicted person ***** from serving his sentence in CC-1.

The arguments presented in the appeal were not confirmed.

You have the right to appeal this decision to a parent organization, Prosecutor's office, or court.

First Deputy Head P. V. Lomakin

Doer A. A. Porvatov tel. 8(83457)2-40-0
32 "untouchables"* against Russia
Cases before the European Court of Human Rights
In the European Court of Human Rights, the prisoner's case, represented by lawyer Alexei Laptev, was combined with 31 similar complaints. Alexey worked in the European Court of Human Rights, so he knows its judicial system well.

(*"Untouchables" - the term is taken from the ECHR website. Here are mentioned the "offended.")
“
The authorities do nothing, they don't protect the rights of the "offended." Prisoners from the lower caste are subjected to violence, but the prison administration either doesn't care about it, or on the contrary uses this situation as an instrument of pressure.

If a prisoner annoys authorities with his complaints, the administration gives an order to other prisoners to "lower" an out of favor person (it means that they transfer him to the "offended" caste by sexual violence or simulating sexual violence acts). The opinion of the "offended" becomes less authoritative or no longer relevant in these circles. That is, the caste system is an instrument of pressure of the colony administration.

My client's father has done his best to publicize the abuse of his son. They hoped the pressure would subside. He endured it for many years, but it was getting worse and worse. There were attempts on his life, he was stabbed, but his complaints weren't responded to. My client hopes that contacting the ECHR will help draw attention to this problem.
Alexey Laptev, lawyer, "Public Verdict"
Infographic about cases of the "offended" in the ECHR
Complaints of 32 prisoners in figures and facts
What's next?
When optimistic forecasts end...
“
There have been such cases before. This problem has a long history, but ECHR lawyers didn't know what to do with these complaints. The cases simply lay on the shelves. When a critical mass accumulated, they decided to give the appeals a go.

By and large, all applicants appeal against the inaction of the authorities. The authorities have an obligation to guarantee the integrity and dignity of a prisoner, but in these cases the authorities clearly don't guarantee these rights.

These are not individual cases, but a systematic humiliation of human dignity.

I am sure that the complaints will be satisfied, violations of rights will be established, compensation will be provided. But then my optimistic forecasts come to an end. It is difficult to imagine that the authorities recognize the problem and begin to solve it. In any case, they will have to report to the Committee of Ministers of the Council of Europe, the supervisory body that monitors the implementation of the ECHR decisions.
Alexey Laptev, lawyer, "Public Verdict"
The case files on the ECHR website explicitly refer to discrimination and sexual violence: :

"The "untouchables" were assigned to do dirty work, such as cleaning pit latrines or exercise yards. In addition, some of them were forced to provide sexual services to other prisoners who requested them.
The prison management tolerated the informal hierarchy among prisoners".
A statement that won't leave prison
Why are there no rape cases?
The website of the European Court of Human Rights doesn't mention rape directly. This term is replaced by the softer phrase "forced to provide sexual services to other prisoners," but given that the "untouchable" cannot refuse, this is systematic violence.

Prisoners who have mental illness and cannot fend for themselves should be under special control, but they often fall into the most vulnerable caste and are subjected to sexual exploitation.

Russia doesn't have a working system for investigating such cases, and this makes it much more difficult to submit applications/complaints to international bodies such as the ECHR. The Russian side will always appeal to the fact that national mechanisms haven't been exhausted: there is no criminal case, no evidence, no decision of the Russian court.

Before complaining about rape and forced sexual contact to international authorities, the Complainant must make full use of national protection mechanisms (prosecution, investigation, court). But the Russian reality is this: a statement about rape will never leave an institution...
“
I can assume that most of these prisoners were "offended" at a young age. Young men who can work and provide sexual services are at risk.

Older prisoners can also fall into the lower caste if they have committed a crime against the sexual integrity of children, for example. A sentence for rape or sexual assault can cause "transfer" to "untouchables," but sexual exploitation has other causes.

A young prisoner can get into the lower caste, for example, for intimate information about himself and his sexual experience (in particular, if he tells about having oral sex).

It is also necessary to distinguish between a single action to "transfer" a person to the "offended" caste, which can be associated with sex only indirectly, and systematic sexual violence.
Leonid Agafonov, prison expert, author of the project "Woman. Prison. Society"
Why cases of violence are not investigated
Russia's response to the "offended" complaints
Russia has responded to one of the applications to the ECHR on the conditions of detention of the "offended" (the complaint was communicated in May, 2015). The response is formal. Most likely, applicants have received or will receive exactly the same or identical formal responses to similar complaints.
“
In the response, the Russian Federation neither denies, nor confirms the existence of sexual violence in Russian prisons and colonies, using only legislative acts as arguments.

Most likely, the answer to our cases will be the same.

There are a number of dissertations (link) on the topic, so to say that there is no sexual violence or to remain silent about it is stupid. On the other hand, if the problem is recognized, they will have to answer questions: what has been done, why is no one doing anything? Therefore, their response can be considered evasive.

If you really look at the situation, the authorities have always used the stratification of prisoners to their advantage, as a means of pressure and management.
Alexey Laptev, lawyer, "Public Verdict"
The Russian side does appeal to formal arguments, referring to legislative acts that declare the equality of prisoners. In the official response, the authorities say nothing about the situation of the "offended" or about violence. In other words, there is no problem at all. One of their arguments is that the colony is regularly inspected by the Prosecutor, and everyone has the opportunity to submit complaints.
“
And what kind of claim should a normal person address to the Prosecutor: that he doesn't have meals together with all the others, that he is not allowed to eat at the table? How will the "untouchable" report violence if sex is a criminal act?

Let's say that he has relatives who visit him. If he openly talks about his same-sex relationships, he will be subject to disciplinary punishment, may be placed in a SHIZO (penal isolation), SUS (strict conditions of detention), or PKC (cell-type premises) and lose long visits with relatives.

A low-caste prisoner is already in a humiliated position, and because of his complaint, he may lose the opportunity to communicate with his family and risk being subjected to additional pressure or punishment.

In general, this is a bureaucratic approach: they must write comments on the admissibility and merits of each appeal to the ECHR. Someone from the office of the Ministry of justice prepares these answers and writes the same thing for each case: "didn't write, didn't address, didn't complain.

Formally, a prisoner may apply, but it will worsen his situation. If he talks about forced sexual contact, it is generally a violation of the Penal code, and the victim will first be punished. Therefore, no one wants to apply, because they are afraid.
Leonid Agafonov, prison expert, author of the project "Woman. Prison. Society"
223 victims of violence and humiliation in one dissertation
While the system silences sexual crimes in prisons, FPS employees are defending dissertations about it... We found a direct reference to sexual violence in four studies by authors from the Federal penitentiary service and the Ministry of internal Affairs (read more here)
“
It seems that Russian officials feel uncomfortable talking about this, although the drafters of the official response could refer, for example, to dissertations, scientific articles that were defended by FPS employees and lawyers about the prison subculture. Dissertators try to understand the reasons and methods of working with the caste system in their works.
Alexey Laptev, the lawyer, "Public Verdict"
Crime without punishment
Quote: "In this list there are no acts of a sexual assault (sodomy). In addition, in the statistics of the Ministry of justice of the Russian Federation on crime, this type of crime hasn't been reflected since 1992, but it doesn't mean that such acts are not committed in detention sites."

Marat Shakiryanov, "Criminal traditions among convicts in penitentiaries and the fight against them," Saint Petersburg, 2004, p.86.
“
If we consider that the next subject of our review is a dissertation based on the cases of more than 200 prisoners raped in prison (the author worked with them in 1997-2000), it is obvious that such crimes as rape are not registered, are not investigated, and the perpetrators are not punished.

We also found no mention of sexual violence in more recent reports. These crimes are really hidden, even when employees catch someone having sex, sexual contact is not specified as a reason for the penalty. Usually they are punished, allegedly, for smoking in the wrong place, for not wearing his ID badge, and for other alternative things.
Leonid Agafonov, prison expert, author of the project "Woman. Prison. Society"
A doctoral candidate of Medical Science, psychiatrist Andrei Zosimenko defended his thesis at the Serbsky Institute in 2004. The topic: "Mental disorders in convicts related to the subcultural features of detention sites (sexual violence and its threat)."

The work is based on a study of 223 convicted men with mental disorders, patients of the MOPB psychiatric hospital of the Ministry of justice of the Russian Federation in the Yaroslavl region, who were subjected to sexual violence during their imprisonment, or who were at the low levels of the informal hierarchy of the prison community ("All observations are my own," the author notes).

The thesis contains a sufficient number of facts about violence in the administrative system, which indicates that the FPS knows about both the caste system and rape in detention sites.
Quote: "Medical histories of convicts who were on medical examination and treatment at the inter-regional hospital of the Ministry of Justice of the Russian Federation in the YR (Ed. Yaroslavl region) between 1997 and 2000: the fact of sexual violence against them or their low micro-social status, associated with some subcultural features of the situation in detention places, has been documented (the total number of observations is 223)."

Andrey Zosimenko, "Mental disorders in convicts related to the subcultural features of detention sites (sexual violence and its threat)," Moscow, 2004, p.37.
“
You can imagine the scale of violence if one institution has 223 cases in three years, and these are people who have been mentally impaired by sexual violence. This suggests that violence is widespread in the system. This isn't an isolated incident. It is mass concealed violence. The author conducted this research during a period when the cells were 3-4 times overcrowded, but still these are very indicative figures and stories.
Leonid Agafonov, prison expert, author of the project "Woman. Prison. Society"
If you've been raped — go to the punishment cell
Quote: "At the same time, the majority of convicts received various types of assistance from employees of the institutions, which included:

1. transferring the convicted person to another cell or unit in order to segregate the individual from his/her direct abusers...

2. isolating the victim of violence from the main group of convicts during the period of adaptation to their new social role...

3. imposition of a disciplinary penalty in the form of placement in a SHIZO (penal isolation) and PKT (cell-type premises-also a type of punishment) for far-fetched or exaggerated violations of internal regulations...

4. punishment of offenders is a relatively rare type of assistance, which is rather psychologically important for the victim of illegal actions, but doesn't improve his position among the convicted...

5. hospitalization of a convicted person who has suffered violence in a hospital of the Ministry of health or in a medical institution of the Criminal Correctional system."

Andrey Zosimenko, "Mental disorders in convicts related to the subcultural features of detention sites (sexual violence and its threat)," Moscow, 2004, p.112-113.
“
First, the punishment of offenders should be in the form of criminal proceedings against those who committed sexual violence. Officials who allow or conceal this should also be responsible.

There is an opportunity to transfer a person to a safe place, but they prefer not to use this opportunity, choosing a simpler way – to apply a disciplinary penalty to the victim and place him in a SHIZO (penal isolation). Traces of beatings and sexual violence disappear during the time spent in the punishment cell, and it becomes almost impossible to prove the fact of the crime. FPS officers call it "adaptation," but in fact it is the concealment of a crime.

I have another question: why are rapists not placed in a detention center, why are criminal cases not initiated? In other words, a person is raped, but… he is also charged with a violation and placed in a SHIZO, PKT, or SUS. What is more, a victim of violence can be put in a "loony bin" if he demands justice…

The victims often don't realize that they are being abused. They can get tea or cigarettes for sex, and they have the illusion that they are willing partners in this transaction. It is important to understand that in fact they have no choice: the offended do not make the conscious decision to provide sex services, and receive only formal compensation for the violence committed against them.
Leonid Agafonov, prison expert, author of the project "Woman. Prison. Society"
This work is an important argument explaining why the silence of the Federal penitentiary service regarding this problem cannot last forever. This study is an important dialogue with the "system" regarding the protection of those who are subjected to violence in Russian prisons.

But we believe that research on this theme shouldn't further stigmatize or justify violence against LGBT persons.
Is prison pleasurable for a gay man?
Quote: "It should be kept in mind that this study does not address men convicted for violent homosexual offences under article 132 Art. 132 of the Criminal Code of the Russian Federation, due to the relatively satisfactory social adaptation of homosexual persons among the inmates.

As a rule, true homosexuals don't experience physical and sexual violence, they practice natural homosexual relationships, openly informing others about the peculiarities of their sexual orientation."

Andrey Zosimenko, "Mental disorders in convicts related to the subcultural features of detention sites (sexual violence and its threat)," Moscow, 2004, p.82.
“
Following this logic, an openly heterosexual woman won't experience physical and sexual abuse, since the rapist practices natural heterosexual relationships. Or is it natural for any homosexual to have sex with anyone who would like to have sexual relations with him, in all quantities, in any form?

All of these statements are illogical and unjustified. If we start from the realities of penitentiaries in Russia, then openly stating one's homosexual orientation would be the last survival strategy for preserving life during the daily experience of physical, sexual and psychological abuse.

Unfortunately, homophobia among the scientific community is often directly related to the low level of knowledge in the field of gender psychology.
Valentina Likhoshva, PhD in psychology, coordinator of the Psychological Service of the Moscow Community Center for LGBT Initiatives.
Exclusion of same-sex contact from the Penal Enforcement Code
Lawyers also defended their theses on the topic of prison subculture. In them, researchers also discuss sexual violence, exploitation and discrimination of the "offended." The first work that we analyzed while studying this topic was published in 1999, and it was cited by later researchers.

The author is Blokhin Yuri Ivanovich, a researcher specializing in "criminal law and criminology" in Rostov-on-Don, and the title of his defended dissertation is "Organizational and legal measures to neutralize the negative influence of inmates from harmful social groups in prisons."

On page 136, the author states that sexual violence in detention sites is aggravated by the fact that the abused prisoner is completely discredited to the other inmates. This suggests that the FPS system is not only aware of the fact of this violence, but also understands the consequences of it for prisoners.

Back in 1999, Yuri Blokhin proposed a rather advanced idea of excluding voluntary sexual acts from the Penal Enforcement Code (PEC), which equates voluntary (and involuntary) sex to regime violation (disciplinary offence). We have already written in the works "Outcasts" and "Outcasts-2: Broken people" that this stigmatizes voluntary relationships.
Quote: "Secondly, voluntary sodomy gained the right to exist with the abolition of Part 1 of Article 121 of the Criminal Code of the RSFSR in 1992 (lesbianism was not prohibited at all). At present, sexual minorities are becoming more and more vocal.

Therefore, the attitude of the legislator towards homosexuals serving their imprisonment remains unclear. Moreover, we found no formal grounds to prohibit homogenous sexual intercourse in correctional facilities. Only by recognizing sexual abstinence as an element of the content of imprisonment, it would be possible to prohibit homogenous communication for convicted persons."

Yuri Blokhin, "Organizational and legal measures to neutralize the negative influence of inmates from harmful social groups in prisons," Rostov-on-Don, 1999, p.108.
“
The article criminalizing homosexuality was annulled in 1993, but the attitude of society hasn't changed so far.

Unfortunately, this article of the PEC hasn't changed since the defense of this dissertation. In our opinion, the issue of homosexuality, homosexual relations in the Penal system and outside the system, has regressed.

Yuri Blokhin's dissertation was more progressive in regards to LGBT persons and homosexual relations in Russian prisons than later works.
Leonid Agafonov, prison expert, author of the project "Woman. Prison. Society"
The dissertation "Penitentiary subculture as a criminogenic factor and the prospects for neutralizing its negative influence" was defended in 2006 by Nikita Yakovlev at the Bunin Yelets University.

The author merely says that crimes against sexual integrity are common (p. 87) but have a high level of latency, which once again shows that the system is set up to silence such crimes rather than to investigate them.
We believe that it is necessary to cancel penalties for voluntary sexual contact and have a Criminal Code for sexual violence. It would be a good idea to allow prisoners long visits with the same sex partners, like in many civilized countries.

The researchers don't say that the system is beneficial to the Federal penitentiary service, as correctional officers themselves participate in violence and "breaking." Many studies are riddled with homophobia, but this is the result of the environment in which the authors work. If they were tolerant of LGBT people, they simply wouldn't have defended their dissertations within this structure.

Therefore, we believe that we need independent research and reports that will help international authorities get information about violations in the Russian Executive system and motivate the Executive system to implement changes.

In the second part of the project "Martyrs to science," our experts made a more detailed analysis of the "offended," the caste system and sexual violence in their dissertations. You can read it here.

Most importantly, this system hides criminal offenses. Perhaps, if the ECHR accepts the complaints of the "offended," the existence of the problem will be recorded, and this will be the first step towards solving the problem.

There is a high probability that the number of complaints will increase. Now, too many people are involved in the carrying out of violence against the "offended," and they do not judge or even recognize themselves as criminals. Several generations may pass before this injustice is completely eliminated.
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The authors and our partners
Authors

Leonid Agafonov, Natalia Donskova

Team

design, text expertise, development: Alexey Sergeev, illustration: Maria Svyatykh, social networks support: Natalia Sivokhina, editing: Lydia Simakova, translation: Marina Kvashnina and Dante Matero

Partners

Norwegian Helsinki Committee, Russian LGBT network, human Rights network "Tak-tak-tak," portal "Guys PLUS," Front Line Defenders, Ernest Mezak, Alliance of heterosexuals and LGBT for equality, "Public Verdict," "Shelter City Tbilisi"

Thank you

Tatyana Dorutina, Tatyana Vinnichenko (Director of the Moscow community center for LGBT + initiatives); employees of the "Shelter City Tbilisi" program Sali Mesurnishvili, Svitlana Valko

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