E/CN.4/1997/7
page 40
175. The Government also stated that early in June 1996 the Constitutional
Court of the Russian Federation had declared unconstitutional the provision of
the Russian Code of Criminal Procedure on the time within which persons
deprived of their freedom must be acquainted with the material relating to
their cases. However, in view of the risk that the immediate repeal of that
provision would leave no means of countering the delaying of proceedings by
prisoners, the Court ruled that its decision should be implemented within six
months. By that time the Federal Assembly should have amended the existing
law on acquainting prisoners with the material concerning their cases, perhaps
even by adopting a new Code of Criminal Procedure. On 13 June 1996, the
President of the Russian Federation signed legislation providing that the new
Criminal Code would come into force on 1 January 1997. The new Criminal Code
was distinguished by its humanism, as noted by numerous independent experts,
including specialists from the Council of Europe. Of fundamental importance
was paragraph 2 of article 7, “The Principle of Humanism”, providing that:
“Neither punishment nor other measures under criminal law undertaken against a
person who has committed a crime shall have as their purpose the causing of
physical suffering or the degradation of human dignity”.
Observations
176. The Special Rapporteur appreciates the continuing cooperation of the
Government in respect of matters within his mandate. He acknowledges the
positive measures that have been taken to address the problems he identified
in the report on his 1994 visit, particularly in respect of the torturous
conditions in some remand prisons ( sizos ). The fact remains that two years
later these conditions seem to persist. In this connection, he notes the
concern expressed by the Committee against Torture at its November 1996
session in respect of overcrowding in prisons, made worse by the poor and
unsanitary conditions prevailing therein. He repeats his call for urgent
measures to be taken to bring immediate relief, such as releasing at once all
first-time, non-violent suspected offenders. He also notes the Committee’s
concern about widespread allegations of torture and ill-treatment of suspects
and persons in custody with a view to secure confessions, a problem especially
notable in Chechnya, and supports the Committee’s recommendations.
Saudi Arabia
177. The Special Rapporteur made 5 urgent appeals on behalf of 10 persons.
The Government replied to 4 of the appeals on behalf of 5 persons, as well as
to 3 urgent appeals on behalf 13 persons transmitted in 1995.
Observations
178. The Special Rapporteur appreciates the Government’s responses, but is
concerned at the absence of any information denying the existence of
incommunicado detention apparently without limit. As to the question of
corporal punishment and the Special Rapporteur’s mandate, he draws attention
to paragraphs 5 to 11 of the present report.
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