CAT/C/CR/28/4
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(i)
Ensure prompt, impartial and full investigations into the many allegations of
torture reported to the authorities and the prosecution and punishment, as appropriate, of
perpetrators, as well as the protection of persons who complain of torture and their witnesses
from retaliation;
(j)
Distribute and ensure implementation of appropriate instructions to all relevant
officials on the prohibition of ill-treatment and acts of torture against children in institutions and
prisons under the jurisdiction of the State;
(k)
Ensure that no person is expelled, returned or extradited to a country where there
are substantial grounds for believing that he/she would be in danger of being subjected to torture.
9.
With regard to the situation in Chechnya, the Committee also recommends that the State
party:
(a)
Clarify the jurisdiction over the events in Chechnya, which currently have an
uncertain status, 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 they will not be caught in a vicious circle of
various military and civilian departments and agencies with differing degrees of responsibility;
(b)
While a number of mechanisms have been put in place in Chechnya in connection
with allegations of human rights violations, none has possessed the attributes associated with
an independent impartial investigating body. Accordingly, the Committee reiterates its
1996 conclusion calling upon the Government of the State party to establish a credible impartial
and “independent committee to investigate allegations of breaches of the Convention by the
military forces of the Russian Federation and Chechen separatists, with a view to bringing to
justice those against whom there is evidence that establishes their involvement or complicity in
such acts” (A/52/44, para. 43 (h));
(c)
Ensure the effective implementation of Orders Nos. 46 and 80 and elaborate
comprehensive guidelines on the conduct of sweep operations;
(d)
Strengthen the powers of the Special Representative of the President for human
and civil rights and freedoms in Chechnya to conduct investigations and make recommendations
to the prosecutor as to possible criminal cases;
(e)
Take steps to ensure civilian control over the army and ensure, in practice, that
hazing, torture and ill-treatment are prohibited in the military, among conscripts and officers;
(f)
Consider the formation of a joint investigative group of both military and civilian
procuracy officials until specific responsibility can be identified and jurisdiction can be
established.