CAT/C/RUS/CO/5
286, abuse of power, and 302, extorting confessions. Moreover, the Committee is
concerned that torture has not been criminalized as an independent crime in the Criminal
Code (art. 1).
The Committee again recommends that the State party bring its definition of torture
into full conformity with article 1 of the Convention and have torture criminalized as
an independent crime, and ensure that the police, the army, and other public officials
can be prosecuted directly for torture and that their sentences are commensurate with
the gravity of the crimes committed.
Investigation and prosecution of acts of torture and ill-treatment
8.
The Committee is deeply concerned at the failure of the authorities to carry out
prompt, effective and independent investigations into allegations of torture and ill-treatment
by public officials. While welcoming the State party’s creation of an Investigative
Committee separate from the Procuracy, as well as the creation of a subdivision within the
Investigative Committee tasked solely with investigating crimes allegedly committed by
law enforcement officials, the Committee is concerned at reports that this subdivision has
an inadequate number of staff members to promptly and effectively investigate all
complaints. The Committee is also concerned about the impartiality and effectiveness of
the Investigative Committee following reports that its head, Aleksandr Bastrykin, arranged
for the abduction of Sergei Sokolov, deputy editor of the Novaya Gazeta newspaper and
threatened him with physical harm in June 2012, in retaliation for publication of a critical
article, and that this incident was not made the subject of an investigation by the State party
and did not lead to any disciplinary action (arts. 12 and 13).
The Committee urges the State party to carry out prompt, impartial, effective
investigations into all allegations of torture and ill-treatment and, in particular, cases
resulting in death in custody; prosecute those responsible, impose appropriate
sentences on those convicted; and report publicly on the outcome of such
prosecutions.
The Committee recommends that the subdivision of the Investigative Committee
tasked with investigating crimes committed by law enforcement officials be provided
with sufficient financial and human resources to enable it to conduct such
investigations into all allegations received. The State party should provide the
Committee with data on the number of complaints received alleging torture and illtreatment by law enforcement and other public officials, the number of complaints
investigated by the State party, and any prosecutions brought. The State party should
also provide the Committee with data on the number of officials subjected to
disciplinary measures for failure to adequately investigate complaints of torture or illtreatment and for refusal to cooperate in investigating any such complaint.
Fundamental legal safeguards
9.
While noting that the State party’s legislation guarantees the right of persons
deprived of their liberty to access a lawyer promptly upon detention, the Committee
expresses its serious concern at the State party’s failure to ensure that this right is respected
in practice, noting numerous cases of persons deprived of their liberty who were denied
access to lawyers on improper grounds; including at reports that ex-officio lawyers do not
properly perform their duties and fail to provide basic legal defence for their clients, and
that detainees are not always afforded their right to know the charges against them. The
Committee is further concerned at reports of instances in which individuals were not
assigned legal aid prior to their initial interrogations. The Committee is further concerned
that the State party’s legislation does not provide that all persons deprived of their liberty
have the right to contact family members promptly upon deprivation of liberty, instead
permitting officials of the State party to contact relatives on detainees’ behalf, and failing to
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