Asylum, non-refoulement and extradition
(15)
Matters related to article 3 of the Convention, including:
(a)
Reports of more than 300 people returned this year to other neighbouring countries, according to the
Ministry of Internal Affairs, and the lack of safeguards to ensure respect for the obligation of non-refoulement under
article 3 of the Convention;
(b)
The widespread and broad use of administrative expulsion according to article c18.8 of the Code of
Administrative Offences for minor violations of immigration rules.
The State party should ensure that no person is expelled, returned or extradited to a country where
there are substantial grounds for believing that he/she would be in danger of being subjected to
torture.
The State party should further clarify the violations of immigration rules which may result in
administrative expulsion and establish clear procedures to ensure they are implemented fairly. The
State party should ensure compliance with the requirements of article 3 of the Convention for an
independent, impartial and effective administrative or judicial review of the decision to expel.
The State party should issue identity documents to all asylum-seekers at the outset of the asylum
process, including at Sheremetyevo 2 airport.
(16) The reported use of written assurances in the “refoulement” context, in circumstances where its minimum
standards for such assurances, including effective post-return monitoring arrangements and appropriate due process
guarantees followed, are not wholly clear and thus cannot be assessed for compatibility with article 3 of the
Convention.
The State party should provide the Committee with detailed statistical information on the number of
assurances sought for the period since 2002, the persons concerned and the outcome of each case, as
well as on minimum contents for any assurances. The State party should moreover establish and
implement clear procedures for obtaining such assurances, adequate judicial mechanisms for review,
as well as effective post-return monitoring mechanisms.
Detention and places of deprivation of liberty
(17) While noting the significant efforts undertaken by the State party (see paragraph 4), the Committee remains
concerned at:
(a)
Conditions in detention facilities and the continuing problem of overcrowded penal institutions and
juvenile institutions;
(b)
The failure of the new Criminal Procedure Code (2001) to impose mandatory limits on pretrial
detention during judicial proceedings;
(c)
colonies.
The situation of inadequate health care provided to persons in pretrial detention centres and prison
The Committee encourages the State party to implement the Strategic framework for the
development of the penitentiary system, which was adopted in September 2006, and to continue its
efforts to address the problem of overcrowding in penal institutions and to improve conditions in
prisons, including juvenile detention centres and pretrial detention facilities, to ensure their
conformity with the requirements of the Convention.
The State party should establish mandatory limits on pretrial detention during judicial proceedings.
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