C. Subjects of concern and recommendations (5) The Committee’s concerns and recommendations are presented below in paragraphs 7 to 23 and address matters throughout the territory of the State party; paragraph 24 specifically addresses the situation in the Chechen Republic, as in the Committee’s previous recommendations. (6) The Committee is concerned about the areas set out below. Definition (7) While noting the State party’s assertion that all acts that may be described as “torture” within the meaning of article 1 of the Convention are punishable in the Russian Federation, the definition of the term “torture” as contained in the annotation to article 117 of the Criminal Code does not fully reflect all elements of the definition in article 1 of the Convention which includes the involvement of a public official or other person acting in an official capacity in inflicting, instigating, consenting to or acquiescing to torture. The definition, moreover, does not address acts aimed at coercing a third person as torture. The State party should take measures to bring its definition of torture into full conformity with article 1 of the Convention, in particular to ensure that police, army, as well as prosecutorial officials, can be prosecuted under article 302 as well as under article 117 of the Criminal Code. Safeguards for detainees (8) Laws and practices that obstruct access to lawyers and relatives of suspects and accused persons, thus providing insufficient safeguards for detainees, include: (a) Internal regulations of temporary facilities i.e. IVS (temporary police detention) and SIZOs (pretrial establishments), failure of the courts to order investigations into allegations that evidence has been obtained through torture, as well as reported reprisals against defence lawyers alleging that their client has been tortured or otherwise ill-treated, and which appear to facilitate torture and ill-treatment; (b) The possibility of restricting access to relatives of suspects in the interest of the secrecy of the investigations provided for in article 96 of the Code of Criminal Procedure; (c) The Law on Operative-Search Activity, as well as the federal Law No. 18-FZ of 22 April 2004, amending article 99 of the Code of Criminal Procedure, according to which suspects of “terrorism” may be detained for up to 30 days without being charged; (d) The reported practice of detention of criminal suspects on administrative charges, under which detainees are deprived of procedural guarantees. The State party should ensure the implementation in practice of the right to access a lawyer and other guarantees of protection from torture starting from the moment of actual deprivation of liberty at the request of the detainee and not solely at the request of a public official. The State party should ensure that criminal suspects are afforded their rights and procedural guarantees so that they are not arbitrarily detained on administrative charges. Widespread use of torture (9) The Committee is concerned at: (a) The particularly numerous, ongoing and consistent allegations of acts of torture and other cruel, inhuman or degrading treatment or punishment committed by law enforcement personnel, including in police custody; 30

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents