E/CN.4/1995/34/Add.1
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the new game whose rules have not yet been sufficiently defined in law.
Indeed, some cases have been plausibly alleged to reflect an abuse of the law
by official agencies and public enterprises to resist competition from or to
renege on deals with new private enterprises. In addition, there has been a
rash of petty crime, usually involving various kinds of theft on the streets
and in public places. This has led to a perceived sense of personal
insecurity and an apparent demand for more effective law and order measures,
with the accent being as much, if not more, on order rather than law. An
example of how this has translated into political action is the recent
Presidential Decree No. 1226 which has extended the maximum period of
temporary detention (i.e. before formal remand) from 10 days to 30 days in
respect of persons suspected of involvement in serious organized crime and
banditry.
10.
The Russian Federation has ratified most of the principal international
conventions on human rights. It is a party to the following instruments,
inter alia: International Covenant on Economic, Social and Cultural Rights;
International Covenant on Civil and Political Rights and the Optional Protocol
thereto; International Convention on the Elimination of All Forms of Racial
Discrimination; Convention on the Elimination of All Forms of Discrimination
against Women; Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment and the Convention on the Rights of the
Child. It also has accepted the individual communications procedures under
article 14 of the International Convention on the Elimination of All Forms of
Racial Discrimination and article 22 of the Convention against Torture.
11.
The meetings held in Moscow and St. Petersburg and the visits undertaken
are described in section I of the present report. Section II describes the
initial phase of detention when an individual is first taken into custody by
the police. It should be noted that this initial detention does not
constitute an arrest under Russian law; the arrest occurs only when a
representative of the Office of the Procurator formally decides to bring
criminal charges against the individual. Section III describes the phase of
preliminary detention in which an individual is held in an isolator of
temporary detention, which is referred to by the Russian acronym IVS.
Section IV describes the phase of remand detention in which an individual is
held in a sizo (sledstvennyi izolyator, or investigatory isolator, i.e. a
remand centre for confining those awaiting trial and sentencing or appeal.)
Section V describes the Correctional Colonies that the Special Rapporteur had
an opportunity to visit in St. Petersburg. Section VI contains the Special
Rapporteur’s conclusions and recommendations.
I.
MEETINGS AND VISITS IN MOSCOW AND ST. PETERSBURG
12.
In Moscow, the Special Rapporteur had two meetings with the head
of the Directorate of International Humanitarian Cooperation and Human
Rights, Mr. Viacheslav Bakhmin. He held discussions with the Director
of the International Legal Department of the Ministry of Justice,
Mr. Valentin Kruzhkov; the Chairman of the Committee on Legislation and
Judicial Reforms of the State Duma, Mr.Vladimir Isakov; the Chairman of the
Committee on Violations in Prison Lock-ups and Pre-trial Detention Centres,
Mr. Oleg Mironov; the First Deputy Head of the Department of Corrections,
Mr. Valery Orlov; the Chairman of the Presidential Commission on Human Rights,