(c)
The dual system of jurisdiction in the Chechen Republic involving both military and civilian
prosecutors and courts;
(d)
Allegations of torture in the temporary holding facility within the Second Operational Investigative
Bureau (ORB-2) of the North Caucasian Operative Administration of the Central Administrative Board of the
Ministry of Internal Affairs in the Southern Federal District, as well as in several sub-offices of ORB-2 in the
Chechen Republic;
(e)
The federal law “On counteracting terrorism” signed on 6 March 2006 fails to explicitly outline the
applicability of the safeguards for detainees in the Code of Criminal Procedure to counter-terrorist operations;
(f)
Allegations of widespread practice of detaining relatives of suspects of terrorism;
(g)
The reported practice of detention of persons for non-compliance with the requirements of the system
for registration of residence.
The State party should ensure that no one is detained in any unofficial place of detention under its
de facto effective control. The State party should investigate and disclose the existence of any such
facilities and the authority under which they have been established and the manner in which detainees
are treated. The State party should publicly condemn any resort to secret detention and prosecute
anyone engaged in or complicit in this practice.
The State party should take all necessary measures to prohibit and prevent abductions and enforced
disappearances in any territory under its jurisdiction, and prosecute and punish the perpetrators.
The State party should ensure effective use of joint investigative groups including representatives of
both military and civil (territorial) Office of the Public Prosecutor until such time as the competence
and jurisdiction of any case can be determined and ensure the right to fair trial to all suspects.
The State party should conduct a thorough and independent inquiry into the methods used in holding
facilities in ORB-2 when questioning prisoners.
The State party should conduct prompt, impartial and effective investigations into all allegations of
torture and ill-treatment in these and other facilities, including examination of medical reports
supplied to court cases documenting mistreatment, and ensure that persons responsible are subject to
prosecution with appropriate sanctions.
Reiterating its previous recommendation, the State party should clarify the applicable legal regime
that currently prevails in the Chechen Republic, as there is no state of exception and there is also a
non-international armed conflict in progress. Such clarification could provide individuals with an
effective means of seeking redress for any violations committed, so that they will not be caught in a
vicious circle of various military and civilian departments and agencies with differing degrees of
responsibility.
The State party should ensure that any counter-terrorism measures taken with regard to the
Chechen Republic and any other territory under its jurisdiction, remain in full conformity with the
Convention’s prohibitions against torture and ill-treatment.
The State party should establish safeguards against reprisals in order to protect all complainants,
including, inter alia, those who submit cases on torture or disappearances to the European Court of
Human Rights or under article 22 of the Convention.
(25) The Committee appreciates the data submitted by the representatives of the State party regarding hazing
(dedovshchina) in the armed forces as well as on the application of articles 117 and 302 of the Criminal Code, but
regrets the absence of comprehensive official statistics on investigations of complaints about torture in police
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