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Islamic Human Rights Commission
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11 November 2005
URGENT ALERT: Disabled Ex-Guantanamo Detainee Being Tortured by Russian Authorities
IHRC urges all campaigners to speak out for Rasul Kudaev, an ex-Guantanamo detainee, now being held and tortured by the Russian Federation.
Background
Kudaev was one of 7 Russians released from Guantanamo in February 2004. They were subsequently set free by Russian authorities who said there was insufficient proof that they had been involved in the criminal activities of Afghanistan\’s Taliban regime.
Kudaev was detained on 23 October on suspicion of participating in an armed raid by gunmen on Nalchik on 13 October. On arrest, Kudaev was severely beaten by officers in front of his family. When his mother protested against the abuse and pointed out that he was an invalid, the officers allegedly said that the real beating had not even started. After being taken to the headquarters of the Organized Crime Squad (UBOP), Kudaev was brutally tortured and forced to sign a record of the interrogation in which he admitted to being present at the scene of a crime. When he signed the paper, he was semi-conscious, and so badly injured he was unable to speak properly or lift his head up to look at anyone,
since his head was lolling to one side. On 25 October, a court in Nalchik ruled that he should be further detained on suspicion of \”terrorism\”, \”participation in an armed group\”, and \”attempt on the life of a law enforcement official\” in relation to the Nalchik raids.
It is impossible for Kudaev to have been involved in the Nalchik raid. Due to the severe torture he suffered while in American custody, he is physically disabled and moves around with great difficulty. He has various heart-related problems as well as hepatitis. Kudaev’s current whereabouts and the state of his health are unknown. The only person that currently has access to Rasul Kudaev is a lawyer appointed by the state, who has reportedly informed the family that Rasul Kudaev is currently in a pre-trial detention centre, and that his health condition is serious. There have been reports that the flesh on his wounded leg is rotting and there is a possibility that it may need amputation. The family have so far been unable to find an independent lawyer willing to represent him.
For further information, see
http://web.amnesty.org/library/index/engEUR460412005?open&of=eng-RUS
http://www.cageprisoners.com/campaigns.php?id=211
Suggested Action
1. Contact the Foreign Office in your country and request that they raise the case of Rasul Kudaev with their Russian counterparts.
Rt. Hon. Jack Straw MP
Foreign & Commonwealth Office
King Charles Street
London
SW1A 2AH
Fax: +44 20 7839 2417
Email private.office@fco.gov.uk
2. Write to the Russian embassy in your country expressing your concern that Rasul has been beaten and tortured in custody and urge them to allow him to receive medical treatment.
H.E. Yury Viktorovich Fedotov
Embassy of the Russian Federation
13 Kensington Palace Gardens
London
W8 4QX
Tel. 0207 229 2666 / 0207 229 7281
Fax 0207 229 5804
Email office@rusemblon.org
Sample letters for both can be found below.
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[Your Name]
[Your Address]
[Date]
Rt. Hon. Jack Straw MP
Foreign & Commonwealth Office
King Charles Street
London
SW1A 2AH
Dear Mr. Straw:
RE: Detention and Torture of Rasul Kudaev by Russian authorities
I am writing out of deep concern about the health and safety of Rasul Kudaev, an ex-Guantanamo detainee currently being held by Russia on suspicion of involvement in the attacks on Nalchik in October.
Mr Kudaev is alleged to have signed a statement while in custody confessing to his involvement in the attacks. However, there is mounting evidence that this confession was coerced out of him through severe beating and torture. When he signed the paper, he was semi-conscious, and so badly injured he was unable to speak properly or lift his head up to look at anyone, since his head was lolling to one side. I remind you that confessions extracted under torture are inadmissible in criminal proceedings under both Russian and international law.
In actual fact, Mr Kudaev is physically disabled due to the torture and ill-treatment he received in American custody for the last three years. It is almost impossible for him to have been involved in the attacks due to his injuries which persist until today.
The Russian authorities are refusing Mr Kudaev urgently needed medical treatment. Under international law, he is entitled to receive all necessary medical care. I strongly urge you to raise these concerns with your Russian counterparts and request them to subject the allegations of torture to an impartial and independent investigation, bringing those responsible to justice.
I look forward to hearing from you at your earliest convenience
Yours Sincerely,
___________________
[Your Name]
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[Your Name]
[Your Address]
[Date]
H.E. Yury Viktorovich Fedotov
Embassy of the Russian Federation
13 Kensington Palace Gardens
London
W8 4QX
Dear Mr. Fedotov
RE: Detention and Torture of Rasul Kudaev by Russian authorities
I am writing out of deep concern about the health and safety of Rasul Kudaev, an ex-Guantanamo detainee currently being held by Russian authorities on suspicion of involvement in the attacks on Nalchik in October.
Mr Kudaev is alleged to have signed a statement while in custody confessing to his involvement in the attacks. However, there is mounting evidence that this confession was coerced out of him through severe beating and torture. When he signed the paper, he was semi-conscious, and so badly injured he was unable to speak properly or lift his head up to look at anyone, since his head was lolling to one side. I remind you that confessions extracted under torture are inadmissible in criminal proceedings under both Russian and international law.
In actual fact, Mr Kudaev is physically disabled due to the torture and ill-treatment he received in American custody for the last three years. It is almost impossible for him to have been involved in the attacks due to his injuries which persist until today.
The Russian authorities are refusing Mr Kudaev urgently needed medical treatment. Under international law, he is entitled to receive all necessary medical care. I strongly urge you to ensure that he receives this treatment and to call for a full impartial and independent investigation into the allegations of torture.
I look forward to hearing from you at your earliest convenience
Yours Sincerely,
___________________
[Your Name]
