20.03.2000
Dear Friends and Colleagues,
We are grateful to you for your efforts to help young Jewish mathematician
Dmitry Neverovky who is imprisoned in Russia. Unfortunately Dmitry is still
kept in dreadful conditions of Russian custody and which is more - he is
forced to undergo a psychiatric examination.
We ask you to support the desperate Appeal of Dmitry Neverovsky's mother
Tatyana Kotlyar to US First Lady. We are sure that Hillary Clinton's
personal request to observe humanity and Rule of the Law addressed to
Russian Acting President Vladimir Putin may prove to be crucially helpful
in this case.
ACTION ALERT by the Union of Councils is
attached.
Boris Altshuler,
Head of the "Movement without Frontieres" and of the "Right of Child" NGOs
Moscow
_______________________________________________________________
TO: FIRST LADY
White House
USA
March 19, 2000
Dear Mrs. Hillary Clinton,
I am compelled to ask you for help.
My son Dmitrty Neverovsky, 26 years old Jewish mathematician who
refused to serve in the Russian Army because of his beliefs and because of
the massacre of peaceful population in Chechnya committed by Russian
troops, was sentenced to two years of imprisonment for this refusal and
have already spent 4 months in terrible conditions of Russian custody.
There are 30 prisoners kept in the 8-bed cell, there is no heating when
frost, Dmitry was twice placed into the punishment-cell which is actually a
sort of torture.
Dmitry's punishment is illegal since he did not violate Russian
Law at all. He officially asked to replace the Army service for the
alternative civil service which is permitted by Russian Constitution. His
punishment is also unusually cruel. Four Members of the Russian Parliament
asked the Court to release Dmitry on bail. Court ignored these
solicitations, and more than that - ordered that Dmitry should undergo
compulsory psychiatric examination. This resembles the worst Soviet
practice of psychiatric reprisals for one's convictions. Isn't it a
military authorities' revenge on one who had courage to oppose their brutal
politics. I am afraid that there is no fair trial in Russia nowadays.
Dear Mrs. Clinton, being a Woman and a Mother you hopefully may
well understand my feelings. I know that your personal request to Vladimir
Putin to observe humanity and Rule of the Law may really save my son Dmitry
Neverovsky. This is my last resort. I ask
for your help.
Sincerely and with hope:
Tatiana KOTLYAR
19/1, Koshevogo st., Obninsk, Kaluga Region,
Russia.
Fax: (7-095) 255-2318
_______________________________________________________
ATTACHMENT:
ACTION ALERT
JEWISH PRISONER OF CONSCIENCE SENT BACK TO JAIL
Judge Orders Psychiatric Examination
On Friday March 3rd, the Obninsk City Court in the Kaluga region sent the
case of Dmitry Neverovsky back to prosecutors "for further investigation"
and refused to let him out of prison pending a possible re-trial. To make
matters worse, the judge ordered that Neverovsky be forced to undergo a
psychiatric examination.
In the Soviet period, psychiatrists frequently tortured dissidents using
pain inducing and mind altering drugs and routinely made politically
motivated diagnoses. The head of the Kaluga Psychiatric Hospital, who
remains at his post today, was responsible for the psychiatric detention of
several Soviet dissidents. Over the past year in Russia, a well known
journalist and some religious minorities have been threatened with or
placed in psychiatric detention. Neverovsky may become the latest victim
of this gruesome Soviet practice, which seems to be making a come back.
It appears that rather than bring his case back for another trial, the
Obninsk authorities are leaning towards declaring Neverovsky insane and
throwing away the key.
Background Information
Dmitry Neverovsky is a young (26) Jewish man from the Russian city of
Obninsk in the Kaluga region. He is a member of the Antimilitary Radical
Association, a local advocacy organization. He has consistently stated his
refusal to serve in the Russian military's brutal war in Chechnya. His
mother, Tatyana Kotlyar, is a deputy of the Obninsk City Council and the
head of the Obninsk Regional Group for the Defense of Rights, a
participating member in the joint Moscow Helsinki Group/UCSJ regional human
rights monitoring project.
On November 25, 1999 Neverovsky was convicted of refusing military service
(Article 328, part 1 of the Criminal Code) and sentenced to two years in
prison by the Obninsk City Court. He has been incarcerated ever since.
According to the U.S. State Department, conditions in Russian detention
enters and prisons are so harsh that between 10-20,000 prisoners died last
year, mostly from poor health caused by overcrowding and disease.
Neverovsky has been placed in a freezing punishment cell twice and on one
occasion beaten by a guard. Although antisemitism has not been proven as a
motive for prosecution, the fact that in December 1998 the Russian
government classified Kaluga as a region with particularly high levels of
extremist antisemitic activity means that antisemitic motives in this case
cannot be ruled out.
Legal Issues
The Russian Constitution (Article 59, Part 3) guarantees the right to
alternative service, but no federal law regulating alternative service has
ever been passed. However, the Constitutional Court ruled on May 22, 1996
that a person requesting alternative service cannot be prosecuted for
evading military service.
Immediate Action Requested
Please write to Acting President Vladimir Putin asking that charges against
Neverovsky be immediately dropped in accordance with the Russian
Constitution's guarantee of alternative civilian service. PLEASE SEND YOUR
EMAILS TO action@ucsj.com or FAX a letter to our national office at (202)
775-9776 or SEND LETTERS to: UCSJ, 1819 H. St., NW Suite 230, Washington,
D.C. 20006. We will then collect and forward your appeals to the relevant
authorities. PLEASE DISTRIBUTE THIS EMAIL
AS WIDELY AS POSSIBLE.
Sample Letter
The Honorable Vladimir V. Putin
Acting President of the Russian Federation
The Kremlin
Moscow
Dear Mr. Putin:
I am writing on behalf of Dmitry Neverovsky, a young man from Obninsk,
Kaluga Oblast who on November 25, 1999 was sentenced to two years in prison
by the Obninsk City Court for refusing military service (Article 328, Part
1 of the Criminal Code). He remains in custody today in the Kaluga Oblast
Prison. On March 3, 2000, the Obninsk City Court sent Neverovsky's case
back to prosecutors for further investigation and ordered that he undergo a
psychiatric examination.
The decision of the Obninsk City Court was a clear violation of Mr.
Neverovsky's constitutional right to alternative civilian service. At his
first trial, Mr. Neverovsky stated that because of his convictions, he
could not serve in the military and insisted that he be allowed to serve
alternative civilian service in line with his constitutionally guaranteed
rights. Article 59, Part 3 of the Russian Constitution states that, "A
citizen of the Russian Federation whose convictions and faith are at odds
with military service, and also in other cases stipulated by the federal
law shall have the right to the substitution of alternative civil service
for military service." In addition, the Constitutional Court ruled on May
22, 1996 that the constitutional right to alternative civilian service must
be respected whether or not corresponding
federal legislation exists.
Neverovsky has been twice placed in an unheated punishment cell and was hit
by a prison guard with a club. The psychiatric test that the judge ordered
at the urging of the prosecutor appears to be a ploy by the local
authorities to avoid a retrial by declaring Neverovsky insane and placing
him in psychiatric detention, where he may be subjected to other forms of
pressure and mistreatment.
Mr. Putin, it is clear that the actions of the Obninsk law enforcement
authorities are in violation of the Russian Constitution. In line with
your government's stated commitment to rule of law and reform, I
respectfully ask that you intercede in the case of Dmitry Neverovsky and
ensure that the unconstitutional charges that the Obninsk law enforcement
authorities have brought against him be
immediately dropped.
Sincerely,
Name
Address or Home Country and City
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