E/CN.4/1997/7
page 38
the Criminal Code as the use of promises, threats or violence against a person
being investigated with a view to obtaining certain statements, were
punishable by imprisonment for one to five years. Nevertheless, torture and
ill-treatment were said to have taken place during detention, usually at
police stations. Very often police officers had allegedly used force during
interrogations in order to obtain confessions, which were regarded as prime
pieces of evidence, particularly as Romanian legislation did not invalidate
confessions obtained under duress.
167. Lawyers were said to be unable to have confidential discussions with
their clients during their detention by the police, since a police officer was
always present during their conversations. According to the Criminal Code, a
member of the accused's family or a person designated by him should be
informed within 24 hours of his arrest. It was said, however, that this
provision was not always respected. In some cases, it was apparently the
family who found the person arrested by looking in various police stations.
During the period of pre-trial detention, the right to correspondence and
visits was allegedly often used as a means of bringing pressure on the
accused, and was granted in exchange for a confession.
168. It was said that when an investigation was embarked upon as a result of
a complaint, it was rarely carried out thoroughly or impartially, and was
often held up or prolonged without reason. This situation was allegedly due
to the status enjoyed by police officers, who were held accountable for their
acts only before the military courts. The investigation was entrusted to
military prosecutors who allegedly openly favoured police officers in many
cases. Furthermore, there was no procedure enabling the civilian victim to
appeal to an independent court against the conclusions of a military
prosecutor. His only recourse was to lodge a complaint with a higher military
prosecutor.
169. In addition to the above the Special Rapporteur transmitted eight newly
reported cases to the Government. The latter replied to four cases that had
been transmitted in previous years.
Russian Federation
170. By letter dated 23 September 1996 the Special Rapporteur advised the
Government that he had continued to receive information concerning the alleged
torture or ill-treatment of persons during the course of military operations
in the Chechen Republic.
171. The Special Rapporteur transmitted 25 individual cases. The Special
Rapporteur also made an urgent appeal in conjunction with the Special
Rapporteur on extrajudicial, summary or arbitrary executions and the Special
Representative of the Secretary-General on internally displaced persons,
concerning the situation in the Chechen Republic.
Follow-up to the visit of the Special Rapporteur to the Russian Federation
172. The Special Rapporteur visited the Russian Federation from 17
to 28 July 1994. His report on that mission is contained in document
E/CN.4/1995/34/Add.1. During 1995 the Government had informed the Special
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