- 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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents