Dagestani convict’s court victory encourages rights defenders

The court ruling to recognize a rights violation of Vitaly Silaev, a prisoner from Dagestan, at the Norilsk penal colony, has gone beyond the common judicial practice and instils hope that colony staff will take Muslim prisoners’ rights more seriously, human rights defenders believe.

At the above Norilsk colony, Vitaly Silaev was punished for his night namaz (prayer). He filed a lawsuit against the colony; and the court in the town of Izberbash has ruled that his rights had been violated.

The court ruling is a rare case when takes the prisoner’s side; and it is important for other prisoners, Shamil Khadulaev, the chairman of the Dagestani Public Oversight Commission (POC), has stated.

"The court probably proceeded from the fact that the right to religion, enshrined in the Constitution, has greater legal force than the internal regulations or daily routines established by the FSIN (Russian Federal Penitentiary Service)," Valentin Bogdan, the acting director of the Fund “For Protection of Prisoners' Rights”*, has noted.

According to his story, this ruling, if it comes into force, could have a positive impact on the situation with other Muslim prisoners.

The court ruling on Silaev's lawsuit is unique, said a human rights defender from the “Memorial” Centre for Human Rights Defence**. He has noted that in colonies the Muslims’ religious rights are violated almost everywhere, with the exception of Northern Caucasus.

"Convicted Muslims take such restrictions very painfully with the onset of the holy month of Ramadan, while the pressure exerted by colony staff usually increases during this month," he has concluded.

*Included by the Russian Ministry of Justice (MoJ) into the register of foreign agents.

**As reported on the website of the Ministry of Justice (MoJ), the reason for including on March 1, 2024, the unregistered "Memorial" Centre for Human Rights Defence (CHRD) into the roster of foreign agents was the spread of "inaccurate information aimed at creating a negative image of the Russian Federation, as well as the Russian Armed Forces."