The Crew Against Torture (NGO CAT; , founded as Committee Against Torture, Комитет против пыток, the name was changed in June 2022) is a Russian non-governmental organisation in the field of human rights based in Nizhny Novgorod, Russia. CAT provides assistance to victims of torture and conducts independent investigation of torture cases. In addition, CAT publishes reports on systemic problems regarding the ineffectiveness of official investigations and prosecution of torture in Russia.
CAT addresses human rights violations relying mostly upon legal mechanisms available at the national level. In case the national mechanisms have proven ineffective, CAT helps victims to apply to the international human rights bodies (mainly, to the European Court of Human Rights) and represents them in proceedings.
CAT promotes human rights protection in various regions of Russia. As of 2022, CAT operates in five regions: Nizhny Novgorod region, Orenburg region, the North Caucasus, Moscow and Krasnodar region. One of the most notable CAT's cases is the case of Aleksey Mikheyev, "the first significant victory against torture practices in Russian police".
CAT received numerous awards for its work. In 2018, Olga Sadovskaya, CAT's vice-chair and human rights activist, was nominated for the Nobel Peace Prize.
CAT received several presidential grants and funding from the European Commission of Human Rights.
In 2015, Russian Federation officially designated CAT as a foreign agent.
History In December 1997, the Nizhny Novgorod Society for Human Rights published a report "On the use of torture in Nizhny Novgorod region" to draw attention of the authorities to the systemic problem of unlawful ill-treatment and to urge them to take action to prevent such crimes. However, the report was dismissed.
In 2000, Igor Kalyapin, a member of the Nizhny Novgorod Society for Human Rights, and other human rights activists founded the "Committee Against Torture" as an independent organization.
In 2001, CAT succeeded for the first time in bringing a police officer to justice. The Nizhegorodsky District Court of Nizhny Novgorod found Alexei Ivanov, a CID operational officer, guilty of abuse of power. The court established that Ivanov used violence against a minor Maxim Podsvirov and forced him to defame his brother. Ivanov received a 6-year suspended sentence.
Human rights activists from Orenburg Oblast, Bashkortostan, the Republic of Mari El and the Chechen Republic started using the CAT's method of independent "public investigation". CAT opened its offices in those regions shortly thereafter.
In 2004, Ivan Chetvertakov, a head of the Bolsheboldinsky Police Department, was sentenced to 3 years of imprisonment for using violence against an individual. The case is notable for being the first CAT's case that ended in a police officer receiving a prison sentence.
On 26 January 2006, the European Court of Human Rights delivered its judgement in the case of Mikheyev v. Russia. It was the first CAT's case submitted to the ECHR as well as the first case when the Court acknowledged the responsibility of the Russian Federation for torture.
In 2007, CAT became an interregional public organization.
On 29 December 2014, CAT received a written warning from the prosecutor's office of Nizhny Novgorod region stating that CAT was participating in political activities. According to Igor Kalyapin, the prosecutor's office considered CAT as "influencing state policy" because it was telling the public and the authorities about torture in police and about "the Investigative Committee’s poor performance when addressing such cases". CAT's annual picket on the International Day in Support of Victims of Torture and its publications about the event were also considered as political activities.
In January 2015, the Ministry of Justice of the Russian Federation designated CAT as a foreign agent organisation following the warning from the prosecutor's office.
On 1 August 2015, CAT's team decided to close the Committee Against Torture down. The Committee for the Prevention of Torture was created as the CAT's successor.
On 14 January 2016, the Ministry of Justice of the Russian Federation designated the Committee for the Prevention of Torture and its associate the Bureau of Public Investigations as foreign agent organizations. According to the Ministry, The Committee "received donations from some Russian citizens who worked for organisations with foreign funding". The committee's appeal against the decision was rejected by the Leninsky District Court of Orenburg.
On 29 March 2017, the Federal Bailiffs Service arrested the committee's bank accounts. In November 2017, the committee announced its elimination as a legal entity.
Until 10 June 2022, the NGO operated without a legal entity under its original name “Committee Against Torture” in five regions of Russia: Nizhny Novgorod region, Orenburg region, the North Caucasus, Krasnodar region and Moscow. The office in Mari El region was closed in 2017. The Bashkortostan Republic office was closed in the spring of 2022. Igor Kalyapin mentioned the lack of people with suitable professional skills as the main reason for having offices in only seven regions.
The new Committee’s Head In December 2021 the members of the CAT elected a new chairman. It was Sergei Sergeievich Babinets, who had led the committee's offices all over the country, specifically in Moscow, Nizhny Novgorod and Orenburg, for many years. He has also been a long-time member of a Joint Mobile Group of human rights activists in the Republic of Chechnya.
In February 2022 in an interview for The Insider Kalyapin stated that the reason behind his resignation were the disagreements between him and the team.
The CAT's press office explained that the resignation was a consequence of the democratic election held every three years within the committee. A chairman is elected in the framework of this protocol. According to the press secretary, the last time Sergei Sergeievich Babinets garnered the majority of votes.
Liquidation of the Committee and the launch of the Crew On 10 June 2022, The Ministry of Justice of Russia included Committee Against Torture in the list of the unregistered public associations operating as foreign agencies. On June, 11 the members of the Committee decided to liquidate the organisation, but no later than June, 15 announced the continuation of work under the name of "Crew Against Torture".
The Head of CAT, Sergei Babinets, stated that the organisation could not agree with the Ministry of Justice's verdict, however not being able to proceed with their activities as a foreign agency. If remaining in the status of a foreign agent, the dialogue with the state government would become impossible. Sergei has named the liquidation of the committee and the creation of the Crew a necessary step that would allow for the continuation of work on the unresolved issues, with 188 of them being active at the moment of elimination."The label of a foreign agent has not really damaged us, we have preserved our team and will continue working twice as hard. This case has only shown us once again how silly the state is when it undertakes a witch hunt, especially in the wrong places. I suppose that the prosecution should be organized after those who torture people in penitentiaries or carry billions of funds away from the country, not after the social activists who try to defend the human dignity of Russians", — Sergei Babinets, the Head of the Crew Against Torture.
Goals and methods
Objectives The CAT's main goals are:
to stop torture and ill-treatment; to ensure that the perpetrators of torture are brought to justice; to help victims to obtain justice and reparation.
Activities
Investigation of torture cases After a victim applies to the Committee Against Torture, CAT carries out an independent “public investigation” into allegations of torture and ill-treatment.
The main idea of the "public investigation" is to improve the work of the investigative authorities when addressing cases of serious human rights violations. A public investigation also aims at making the state acknowledge such violations by establishing them through court proceedings, if there is sufficient evidence.
Public investigators are not state officials, thus they don't have special authority to collect evidence. Public investigators use powers provided by the national law to participate in the official investigation and contribute to fact-finding and gathering of evidence.
Main principles of the CAT's public investigation approach are:
protection of the public interest; priority of the national legal mechanisms over the international ones;
Protection of the public interest. CAT defends the public interest while addressing human rights violations. It has no obligation to represent a victim if they decide to bargain with the prosecuted or their defence. If a victim decides to change their statement in favour of the defence after the sufficient evidence of torture had been collected, CAT also reserves the right to ensure the victim's prosecution for perjury.
Priority of the national legal mechanisms. CAT focuses primarily on restoring violated rights through national legal means. It urges national authorities to investigate human rights violations effectively and comply with laws and regulations. Applying to international human rights bodies is considered a measure of “last resort” that should be used only if all the domestic remedies have been exhausted.
CAT created a Joint Mobile Group (JMG) Program to investigate mass and regular violations. A JMG, consisting of members of various human rights organisations from all over the country, operates on-site for several months.
Support of victims CAT helps victims of torture to obtain justice and reparation by representing them in proceedings before investigative authorities, domestic courts and international human rights bodies.
If necessary, CAT also helps victims to find necessary specialists, purchase medications and receive treatment in rehabilitation centres. For example, in 2006, CAT paid for a rehabilitation treatment of Vladimir Polyashov, an artist from Dzerzhinsk, who was beaten by police officers.
CAT helps to evacuate victims and their families in case of threats and pressure.
Results
Since its foundation in 2000 up to March 2022, CAT received more than 3108 complaints of human rights violations and won 75 cases in the European Court of Human Rights. 281 occurrences of torture were confirmed. 2438 unlawful decisions of the national authorities were quashed. More than 285 million roubles were awarded as compensation to the victims of torture. More than 159 law enforcement officers were convicted.
Mikheyev v. Russia case
In September 1998, Aleksey Mikheyev was arrested on suspicion of committing rape and murder. While Mikheyev was detained at the police station, police officers tortured him and forced him to incriminate himself. Mikheyev jumped out the window and broke his spine.
The proceedings at the national level lasted seven years. The evidence was gathered by members of the Nizhny Novgorod Society for Human Rights, Igor Kalyapin and Maria Smorodina, and Sergey Shimovolos, the chairman of the Nizhny Novgorod Regional Commission on Human Rights. However, the investigation was suspended 3 times, and the case was closed and reopened more than 20 times.
On 26 January 2006, the European Court of Human Rights delivered its judgement in the case of Mikheyev v. Russia. The Court concluded that the ill-treatment of Mikheyev amounted to torture and that he "has been denied a sufficiently effective investigation in respect of the ill-treatment by the police and thereby access to any other available remedies at his disposal, including a claim for compensation".
The Mikheyev case was the first case where the ECHR found the Russian Federation responsible for torture.