CPT: 13TH GENERAL REPORT
Unfortunately, in spite of the CPT’s sustained
efforts in recent years, the information gathered by the
Committee demonstrates clearly that the Russian
authorities have failed to tackle effectively major
problems related to the Committee’s mandate. There is
continued resort to torture and other forms of illtreatment by members of the law enforcement agencies
and federal forces operating in the Chechen Republic.
Further, the action taken to bring to justice those
responsible is slow and – in many cases – ultimately
ineffective.
In its public statement concerning the
Chechen Republic made on 10 July 2003 (cf. Appendix
7), the CPT acknowledges the extreme difficulties
confronting the federal and republican authorities in
their efforts to restore the rule of law and achieve a
lasting reconciliation in this part of the Russian
Federation. However, the Committee also insists that
the response to those difficulties must never degenerate
into acts of torture or other forms of ill-treatment. The
CPT identifies measures which need to be taken by the
Russian authorities.
The CPT is determined to pursue its
cooperation with the Russian authorities in order to
assist them to abide, both in the Chechen Republic and
elsewhere in the Russian Federation, by the
fundamental principle that “no one shall be subjected
to torture or to inhuman or degrading treatment or
punishment”. Failure to comply with that principle
will render it impossible to create the climate of
confidence which is an essential prerequisite for
rebuilding civil society in the Chechen Republic.
6.
Over the last two years, the Turkish
authorities have been engaged in a vast programme of
legislative reform. This programme has included
numerous positive changes in areas related to the
CPT’s mandate, in particular as regards custody by law
enforcement agencies. The main purpose of the
Committee’s ad hoc visits to Turkey in March and
September 2002 was to examine the implementation
in practice of these reforms. The CPT’s report on
those visits and the Turkish authorities’ response were
published in June 2003; these documents make clear
both what has been achieved and what remains to be
done.
9
Most of the legislative and regulatory
framework necessary to combat effectively torture and
ill-treatment by law enforcement officials has been put
in place. As was rightly pointed out by the Minister of
the Interior, Mr Abdülkadir AKSU, in a circular of
16 January 2003, the challenge now is to make sure
that all of the above-mentioned provisions are given
full effect in practice. This issue was at the centre of
high-level talks held between the Turkish authorities
and CPT representatives in Ankara on 8 July 2003; it
will be pursued during further visits to be organised by
the Committee in the months ahead.
7.
In the course of the March 2002 ad hoc visit
to Turkey, the CPT’s delegation also reviewed once
again the development of communal activities for
inmates in the new F-type prisons. This issue is
closely connected with the long-running hunger strike
campaign related to reform of the prison system, which
tragically has claimed so many lives. The Committee’s
findings were discussed at high-level talks in Ankara
on 20 September 2002, which focussed on the recentlyintroduced additional activity of regular association
(“conversation”) periods for up to ten prisoners. At the
time of the March 2002 visit, it remained the case that
only those prisoners who took part in another
communal activity (education, sport, vocational
training, etc.) were able to participate in the association
periods.
At the September talks, the CPT’s
representatives stressed that this precondition might
well be acting as a brake on the development of
communal activities in F-type prisons and requested
that it be dropped. The Committee was pleased to note
that thanks to a circular issued by the Minister of
Justice on 10 October 2002, prisoners in F-type prisons
can now participate in the regular association periods
for groups of up to ten prisoners, irrespective of
whether they take part in any other communal activity.
All prisoners in F-type prisons now have at
their disposal a range of communal activities involving
both structured and unstructured opportunities for
human contact outside their living units. The CPT very
much hopes that they will make use of those
opportunities. The Committee is closely following
developments in this area, in order to ensure that the
full potential of communal activity programmes in Ftype prisons is realised.