CAT/C/CR/28/4
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(g)
Distressing conditions of pre-trial detention, including the prevalence of
tuberculosis and other diseases, as well as the poor and unsupervised conditions of detention in
IVS (temporary police detention), and SIZOs (pre-trial establishment) facilities, including the
practice of placing metal shutters in front of cell windows, preventing natural light and
ventilation in the cells, reportedly because, by law, inmates are prohibited from communicating
with one another;
(h)
The insufficient level of independence and effectiveness of the Procuracy, due, as
recognized by the State party, to the problems posed by the dual responsibility of the Procuracy
for prosecution and oversight of the proper conduct of investigations;
(i)
Reports of conditions amounting to inhuman or degrading treatment of children in
institutions or places of detention;
(j)
A lack of safeguards to ensure that persons are not returned to countries where
they face a real risk of torture (non-refoulement).
7.
In connection with the events in Chechnya, the Committee is particularly concerned over
the following:
(a)
Numerous and ongoing reports of severe violations of human rights and the
Convention, including arbitrary detention, torture and ill-treatment, including forced confessions,
extrajudicial killings and forced disappearances, particularly during “special operations” or
“sweeps”, and the creation of illegal temporary detention centres, including “filtration camps”.
Allegations of brutal sexual violence are unusually common. Additionally, armed units which
are reported to be very brutal towards civilians have been sent again into the conflict area;
(b)
Numerous armed units and forces operating under the authority of various
departments and services in Chechnya, which hinders the identification of the personnel
responsible for the reported abusive actions cited above;
(c)
A lack of effective implementation of Orders Nos. 46 and 80, as referred to above
among the positive aspects;
(d)
The dual system of jurisdiction in Chechnya involving both military and civilian
prosecutors and courts, which leads to long and unacceptable delays in registering cases,
resulting in a cyclical process whereby case information and the responsibility for opening
investigations continue to be passed from one official to another and back, without resulting in
the initiation of prosecutions. The Committee notes with concern that it is impossible for the
civil prosecutor to question military personnel and carry out investigations at military sites in
order to collect the evidence required to oblige the military prosecutor’s office to take up the
case. Also of concern is the insufficient independence of military courts, prosecutors and
judges, with the result that few cases are registered to prosecute officials alleged to be
responsible for the abuses.