Evidence obtained by coercion
(11) The Committee is concerned at the current investigation system in which confessions are used as a principal
form of evidence for prosecution, thus creating conditions that may encourage the use of torture and ill-treatment of
suspects. The Committee regrets that the State party did not sufficiently clarify the legal provisions ensuring that any
statements which have been made under torture shall not be invoked as evidence in any proceedings, as stipulated in
the Convention.
The State party should take all appropriate measures to eliminate any adverse effects the current
investigation system of promoting confessions may have on the treatment of suspects.
The State party should also take the necessary measures to establish that statements which have been
made under torture shall not be invoked as evidence in any proceedings, in accordance with the
provisions of the Convention.
Monitoring detention facilities
(12) While the establishment throughout the State party of “mobile groups”, composed of representatives of civil
society and staff of the Ministry of Interior with the mandate to visit police detention facilities, monitor the situation
of detainees and prevent acts of torture, is a positive development, the Committee remains concerned at their
dependency on the goodwill of local authorities, their lack of formal status and the lack of adequate resources.
The State party should establish a formal status for the “mobile groups”, provide them with a strong
mandate, guarantee their independence and provide them with adequate resources. The State party
should also inform the Committee on the measures it has taken to set up a national preventive
mechanism in accordance with the Optional Protocol to the Convention.
Law enforcement personnel
(13) The Committee is concerned at allegations of acts in breach of the Convention committed by law
enforcement personnel, especially with regard to persons detained by the militia and in pretrial detention facilities
(SIZO), and at the apparent impunity of the perpetrators. The Committee is also concerned at the reported use of
masks by the anti-terrorist unit inside prisons (e.g. in the Izyaslav Correctional Colony, in January 2007), resulting
in the intimidation and ill-treatment of inmates.
The State party should ensure that all allegations of torture and ill-treatment are promptly, effectively
and impartially investigated and that the perpetrators are prosecuted and convicted in accordance
with the gravity of their acts.
The State party should also ensure that the anti-terrorist unit is not used inside prisons so as to prevent
the mistreatment and intimidation of inmates.
Violence against women and children, including trafficking
(14) While noting the measures adopted by the State party to combat trafficking, the Committee remains
concerned about the persistence of trafficking in women and children for sexual exploitation. It also notes the
extremely low level of cases of domestic violence brought to justice, despite the high reported incidence of domestic
violence.
The State party should strengthen measures to prevent and combat trafficking and domestic violence,
provide protection for victims and their access to medical, social rehabilitative and legal services,
including counselling services, as appropriate.
The State party should create adequate conditions for victims to exercise their right to complain and
have each case promptly, impartially and effectively investigated. Perpetrators must be brought to
justice and punished with penalties appropriate to the gravity of their acts.
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