- 43 (c) Transfer of the penal correction system from the authority of the Ministry of Internal Affairs to the authority of the Ministry of Justice; (d) Measures introduced to improve conditions of detention in prisons and to reduce overcrowding; (e) Assurances by the representative of the State party that alternative service, and a “voluntary military on a contract basis” would be introduced to replace mandatory conscription into the armed forces; (f) The Procurator General’s Order No. 46, which requires the presence of representatives of the Prosecutor’s Office during “special operations” carried out in Chechnya, and Order No. 80 of the Commander of the Federal Forces of the North Caucasus, requiring troops to identify themselves, record detentions, notify relatives, and take other measures to safeguard civilians from abuse; (g) The setting up of a special working group within the Ministry of Internal Affairs with a mandate to bring national legislation into conformity with international refugee law. C. Factors and difficulties 90. The Committee appreciates the frank explanations provided by the delegation regarding the difficulties still faced by the State party in overcoming the inheritance of a system characterized by “arbitrariness and impunity” and in building and strengthening democratic institutions and the rule of law. It notes that these challenges are compounded by “acts of terrorism” and threats to security. Nonetheless, the Committee reiterates that, in accordance with article 2 of the Convention, “no exceptional circumstance whatsoever ... may be invoked as a justification of torture”. D. Subjects of concern 91. The Committee is deeply concerned over the following: (a) Numerous and consistent allegations of widespread torture and other cruel, inhuman or degrading treatment or punishment of detainees committed by law enforcement personnel, commonly with a view to obtaining confessions; (b) Continuing reports, despite the State party’s considerable efforts to initiate dialogue and preventive safeguards such as a “hotline” for victims, of widespread “hazing” (dedovshchina) in the military, as well as torture and other cruel, inhuman or degrading treatment or punishment in the armed forces, conducted by or with the consent or approval of officers, resulting in severe physical and mental harm to the victims; (c) A persistent pattern of impunity for torture and other ill-treatment benefiting both civil and military officials, a lack of reported decisions by judges to dismiss or return a case for further investigation citing the use of torture to obtain a confession, and the very small number of persons convicted of violations of the Convention.

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