Committee against Torture offers conclusions and recommendations on report of Russian Federation

CAT
28th session
16 May 2002
Afternoon



Calls for Independent Investigations into Charges of
Ill-Treatment in Detention Centres;
Probe into Alleged Abuses in Chechnya



The Committee against Torture issued its conclusions and recommendations this afternoon on a third periodic report of the Russian Federation, urging among other things that prompt and impartial investigations be made into numerous allegations of torture of pre-trial detainees and that an independent committee be established to probe charges of widespread abuses committed by the Russian military and separatist forces in Chechnya.
The Committee also recommended that a precise definition and crime of torture be incorporated into Russian domestic law; that the Russian Government ensure absolute respect for the principle of inadmissibility of evidence obtained by torture and review cases of convictions based solely on confessions, recognizing that many of these might have been obtained through ill-treatment; that it improve conditions in prisons and pre-trial detention centres; and that it distribute and ensure implementation of appropriate instructions on the prohibition of ill-treatment of children in institutions and prisons.
Cited among positive aspects to the Russian report were the country's ratification of the European Convention for the Protection of Human Rights and the European Convention for the Prevention of Torture; the introduction of a new Criminal Code and a new Code of Criminal Procedure; and the transfer of the penal correction system from the authority of the Ministry of the Interior to the authority of the Ministry of Justice.
Russia, as among 129 States parties to the Convention against Torture, is required to provide the Committee with periodic summations of national efforts to eradicate such ill-treatment. The Committee and a large Government delegation discussed the Russian report at two meetings earlier in the week.
The Committee also adopted this afternoon changes to its rules of procedure to allow appointment of a Rapporteur or Rapporteurs on follow-up to conclusions and recommendations made by the Committee on country reports previously submitted to it; of a Rapporteur for new complaints under article 22 of the Convention; and of a Rapporteur for follow-up to Committee findings and decisions on complaints under article 22. Under article 22, individuals may submit complaints alleging breaches of the Convention by countries which have declared the Committee competent to consider individual complaints. The Rapporteur for new complaints would, among other things, issue interim measures of protection if necessary and make recommendations on the admissibility of complaints. The Rapporteur on follow-up would, among other things, monitor compliance with the Committee's decisions and -- with the approval of the Committee -- conduct follow-up missions to States parties.
Appointed Rapporteur on new complaints was Committee member Andreas Mavrommatis.
The Committee will reconvene at 10 a.m. on Friday, 17 May, to adopt its annual report and conclude its spring three-week session.

Conclusions and Recommendations on Third Periodic Report of Russian Federation
The Committee cited among positive developments the country's ratification of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Convention for the Prevention of Torture; introduction of a new Criminal Code and a new Code of Criminal Procedure; transfer of the penal correction system from the authority of the Ministry of the Interior to the authority of the Ministry of Justice; and the Procurator General's Order No. 46, which required the presence of representatives of the Prosecutor's office during "special operations" carried out in Chechnya.
The Committee acknowledged as a factor impeding implementation of the Convention the difficulties faced by the Russian Federation in overcoming the inheritance of a system characterized by "arbitrariness and impunity", but noted that under the Convention no exceptional circumstances could justify torture.
Concern was expressed, among other things, over numerous and consistent allegations of widespread torture and other cruel treatment of detainees committed by law-enforcement personnel, commonly with a view to obtaining confessions; continuing reports of widespread "hazing" in the military, as well as torture and other cruel treatment in the armed forces, conducted by or with the consent or approval of officers; a persistent pattern of impunity for torture and other ill-treatment enjoyed both by civil and military officials; numerous allegations of violence against women in custody and a lack of formal complaints on the issue; lack of practical training about obligations under the Convention for doctors, law-enforcement personnel, judges, and the military; distressing conditions of pre-trial detention and the prevalence of tuberculosis and other diseases as well as poor and unsupervised conditions of detention in temporary police detention centres and pre-trial facilities; and reports of conditions amounting to inhuman treatment of children in institutions or places of detention.
Regarding events in Chechnya, the Committee noted concern over numerous, ongoing reports of severe violations of human rights and the Convention, including arbitrary detention, torture and ill-treatment, forced confessions, extrajudicial killings, and forced disappearances, particularly during "special operations" or "sweeps", and the creation of illegal temporary centres of detention, including "filtration camps"; and over numerous military units and forces operating under the authority of various departments and services in Chechnya, which hindered the identification of the personnel responsible for reported abusive actions.
The Committee recommended, among other things, that the Russian Federation promptly incorporate into domestic law the definition of torture defined in the Convention and constitute torture as a specific crime with appropriate penalties; that it permit detainees access to a lawyer, doctor and family members from the time they are taken into custody; that it ensure absolute respect for the principle of inadmissibility of evidence obtained by torture and review cases of convictions based solely on confessions, recognizing that many of these might have been obtained through ill-treatment; improve conditions in prisons and pre-trial detention centres and other places of confinement; consider the creation of an independent body to inspect prisons and monitor all forms of violence in custody; that it ensure prompt, impartial and full investigations into the many allegations of torture reported to the authorities, and the prosecution and punishment of perpetrators; that it distribute and ensure implementation of appropriate instructions on the prohibition of ill-treatment of children in institutions and prisons; that it ensure that no person was expelled, returned or extradited to a country where there were substantial grounds to believe he would be in danger of being subjected to torture; and that the Government provide disaggregated data to the Committee on civil, military and other places of detention and on juvenile detention centres.
Regarding the situation in Chechnya, the Committee recommended that the Russian Federation clarify the jurisdiction over events in Chechnya, which currently had an uncertain status; that the Government establish a credible impartial and independent committee to investigate allegations of breaches of the Convention by the military forces of the Russian Federation and the Chechen separatists; that it strengthen the powers of the Special Representative of the President for human and civil rights and freedoms in Chechnya to conduct investigations and make recommendations to the prosecutor as to possible criminal cases; that it take steps to ensure civilian control over the army and ensure that hazing, torture and ill-treatment were prohibited in the military; and that it consider the formation of a joint investigative group of both military and civilian procuracy officials until specific responsibility could be identified and jurisdiction could be established.



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