E/CN.4/1998/38
page 33
that some defendants make false claims of torture and ill-treatment in order
to avoid criminal punishment, but the validity of such claims would be fully
investigated.
160. The Special Rapporteur also transmitted one newly reported individual
case. With respect to two previously transmitted cases the Special Rapporteur
sent to the Government comments made by the source to the Government's reply.
The Government replied to the newly transmitted individual case, to a
collective case transmitted in 1996 and to the comments by the source
concerning two previously transmitted cases.
Romania
161. The Special Rapporteur transmitted to the Government new allegations
concerning 20 persons. He also retransmitted general allegations regarding
ill-treatment on police premises, and the manner in which investigations are
conducted (E/CN.4/1997/7, paras. 166-167), as well as 10 individual cases
transmitted in 1995 and 1996, to which no reply had been received.
Observations
162. The Special Rapporteur regrets the absence of responses to numerous
cases over the year.
Russian Federation
163. By letter dated 17 November 1997, the Special Rapporteur informed the
Government that he had continued to receive allegations concerning the use of
torture and other forms of ill-treatment in the Russian Federation. Several
allegations concerned cases of persons alleged to have been tortured or
ill-treated in the context of the conflict in the Chechen Republic. Other
reports alleged resort to torture and ill-treatment by the police,
particularly during pre-trial detention. Torture was mainly reported to occur
immediately after arrest or during interrogation to intimidate detainees or to
extract confessions. But also after being tried, detainees were still said to
be at risk of torture and ill-treatment in prison, sometimes allegedly by
fellow prisoners in collusion with the prison authorities.
164. Torture methods most commonly reported included beatings, electric
shocks, asphyxiation (slonik) and particularly painful methods of physical
restraint (konvert and lastochka). The slonik method was said to consist of
the wearing of a gas mask with the oxygen supply cut off. For the konvert
method the person was reportedly secured in a position with the legs pulled up
to the head. The lastochka method was said to entail the handcuffing of the
hands behind the back but above the level of the head, as a result of which
the back was arched in a painful position. Furthermore, detention conditions
were reportedly still characterized by overcrowding and unsatisfactory
sanitation and medical care, amounting to ill-treatment. Generally, members
of ethnic minorities were alleged to be at particular risk of ill-treatment.
Some asylum-seekers had allegedly been subjected to refoulement. Use of
torture and ill-treatment by the police had further been reported to be
systematic in certain areas, including Mordovia and the regions of Magadan and
Bryansk.
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