A/HRC/28/68/Add.1
Rapporteur calls on the Government to take appropriate measures to ascertain that
extraditions, deportations or expulsions in violation of the non-refoulement provision do
not take place in the future, including the investigation, prosecution and punishment of
those responsible for the illegal extradition of Mr. Azimov to Tajikistan.
(c)
JAL 20/12/2013 Case No. RUS 14/2013 State Reply: 20/01/2014 Allegations of arbitrary
detention and mistreatment of 30 environmental activists following their participation
in a demonstration organized by Greenpeace against oil drilling in the Arctic.
450. The Special Rapporteur thanks the Government of Russian Federation for its reply,
dated 20.01.2014, to the present communication.
451. The Rapporteur takes note of the information provided by the Government, regarding
the criminal prosecution of the thirty Greenpeace activists. However, he regrets that no
substantial investigation into the allegations of inhuman and degrading treatment has taken
place.
452. The Rapporteur finds that the Government’s reply does not sufficiently address the
concerns raised in the initial communication. The Government fails to fully and
expeditiously cooperate with the mandate issued by the Human Rights Council in its
resolution 25/23, as well as to comply with its obligation, under international customary
law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or
degrading treatment or punishment, as codified, inter alia, in the Convention against
Torture (CAT).
453. In the absence of substantial information to the contrary, the Rapporteur concludes
that the allegations presented in the initial communication have been substantiated. By
failing to secure minimum standards for the detention and humane treatment of the
Greenpeace activists or to investigate the allegations of inhuman and degrading treatment,
the Government of the Russian Federation has violated their right to be free from torture
and other cruel, inhuman or degrading treatment or punishment as provided by articles 1
and 16 or the CAT.
(d)
JAL 31/03/2014 Case No. RUS 4/2014 State Reply: 14/07/2014 Allegations of torture
while in detention of Mr. Ruslan Kutayev and threats against his lawyer, Mr. Igor
Kalyapin.
454. The Special Rapporteur thanks the Government of Russian Federation for its reply,
dated 14.07.2014, to the present communication.
455. The Rapporteur takes note of the information provided by the Government, regarding
the criminal prosecution of Mr. Kutayev. However, he regrets that no substantial
investigation into the allegations of inhuman and degrading treatment has taken place.
456. The Rapporteur finds that the Government’s reply does not sufficiently address the
concerns raised in the initial communication. The Government fails to fully and
expeditiously cooperate with the mandate issued by the Human Rights Council in its
resolution 25/13, as well as to comply with its obligation, under international customary
law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or
degrading treatment or punishment, as codified, inter alia, in the Convention against
Torture (CAT).
457. In the absence of substantial information to the contrary, the Rapporteur concludes
that the allegations presented in the initial communication regarding mistreatment of Mr.
Ruslan Kutayev while in detention and threats against his lawyer have been substantiated.
They constitute torture and cruel, inhuman or degrading treatment respectively. Therefore,
the Government of the Russian Federation has failed to assure the physical integrity of Mr.
Kutayev or to secure Mr. Kalaypin’s right to be free from intimidation, which violates their
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