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CPT: 12TH GENERAL REPORT
It is axiomatic that one of the most effective means of preventing ill-treatment of persons deprived of
their liberty lies in the diligent examination by the relevant authorities of all complaints of such treatment
brought before them and, where appropriate, the imposition of a suitable penalty. This will have a very
strong deterrent effect. Conversely, if the relevant authorities do not take effective action upon complaints
referred to them, those minded to ill-treat persons deprived of their liberty will quickly come to believe that
they can act with impunity. It is therefore not only legitimate but even essential that the CPT, a body set up
with a view to strengthening the protection of persons deprived of their liberty from torture and other forms
of ill-treatment, take a direct interest in the activities of the authorities empowered to conduct official
investigations and bring criminal charges in cases involving allegations of ill-treatment.
In the light of the Russian authorities’ reply, it is also necessary to recall what is meant in Article 2
of the Convention by the expression “any place within [a State’s] jurisdiction where persons are deprived of
their liberty by a public authority”. Such a place may be a formally established and recognised detention
facility; it may also be a railway carriage, a van, a shed, a garage, a warehouse, or any other improvised
facility used by members of a public authority for the purpose of depriving someone of their liberty. The
CPT’s mandate and its powers under the Convention cover the treatment of persons while they are deprived
of their liberty in any such place.
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The CPT is fully aware of the extremely difficult and perilous circumstances confronting the Russian
authorities as a result of the conflict in the Chechen Republic and has kept those circumstances constantly in
mind. The CPT is also aware that grave crimes and abuses have been committed by combatants opposing
the Russian forces; those acts should be strongly condemned. However, State authorities must never allow
their response to such a situation to degenerate into acts of torture or other forms of ill-treatment; to refrain
from resorting to such acts - and to take active steps to stamp them out when they emerge - is one of the
hallmarks of a democratic State.
In ratifying the major human rights instruments of the Council of Europe, the Russian Federation has
demonstrated that it subscribes to the above-mentioned principle. Bearing that in mind, the CPT calls upon
the Russian authorities to work in a constructive manner with the Committee in the context of its activities in
the Chechen Republic. The Russian authorities have always shown good co-operation as regards security and
transport arrangements during the CPT's visits to the Chechen Republic; the same level of co-operation
should apply as regards the action taken upon the Committee's findings and recommendations.
The CPT regrets that it was found necessary to make this public statement. The Committee hopes
that it will stimulate the efforts of both parties - acting in co-operation - to strengthen the protection of
persons deprived of their liberty in the Chechen Republic from torture and inhuman or degrading treatment
or punishment. The CPT remains fully committed to continuing its dialogue with the Russian authorities.
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