- 47 95.
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.
96.
The Committee further recommends that the State party:
(a)
Provide requested data to the Committee, including information disaggregated,
inter alia, by age, gender, ethnicity and geography, on civil, military and other places of
detention as well as on juvenile detention centres and other relevant institutions; and provide
information in the next periodic report regarding the number, types and results of cases of
punishment of police and other law enforcement personnel for torture and related offences,
including those rejected by the court;
(b)
Widely disseminate the conclusions and recommendations of the Committee and the
summary records of the review, in appropriate languages, in the country; and consider consulting
with independent human rights, civil liberties and legal aid organizations and public defenders
groups in the preparation of the next report.
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