- 45 93.
The Committee is particularly concerned over the following: in connection with the
events in Chechnya:
(a)
Numerous, ongoing reports of severe violations of human rights and the
Convention, including arbitrary detention, torture and ill-treatment, including forced confessions,
extrajudicial killings, and forced disappearances, particularly during “special operations” or
“sweeps”, and the creation of illegal temporary detention centres, including “filtration camps”.
Allegations of brutal sexual violence are unusually common. Additionally, armed units which
are reported to be very brutal towards civilians have been sent again into the conflict area;
(b)
Numerous armed units and forces operating under the authority of various
departments and services in Chechnya, which hinder the identification of the personnel
responsible for the reported abusive actions cited above;
(c)
A lack of effective implementation of Orders Nos. 46 and 80, as referred to above
among the positive aspects;
(d)
The dual system of jurisdiction in Chechnya involving both military and civilian
prosecutors and courts, which leads to long and unacceptable delays in registering cases,
resulting in a cyclical process whereby case information and the responsibility for opening
investigations continue to be passed from one official to another and back, without resulting in
the initiation of prosecutions. The Committee notes with concern that it is impossible for the
civil prosecutor to question military personnel and carry out investigations at military sites in
order to collect the evidence required to oblige the military prosecutor’s office to take up the
case. Also of concern is the insufficient independence of military courts, prosecutors and judges,
with the result that few cases are registered to prosecute officials alleged to be responsible for the
abuses.
E. Recommendations
94.
The Committee recommends that the State party:
(a)
Promptly incorporate into domestic law the definition of torture as contained in
article 1 of the Convention and characterize torture and other cruel, inhuman and degrading
treatment as specific crimes with appropriate penalties in domestic law;
(b)
Adopt measures to permit detainees access to a lawyer, doctor, and family
members from the time they are taken into custody; inform suspects and witnesses of their rights
at the beginning of detention; and ensure that legal assistance and a doctor will be provided at the
request of detained persons rather than solely when permitted by officials. Urgent consideration
should be given to making a medical examination compulsory for persons when they enter IVS
and SIZOs, and to the establishment of a health service independent from the Ministries of
Internal Affairs and Justice to conduct such examinations;
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