E/CN.4/2003/68/Add.2
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63.
Despite the fact that a multiparty democratic system still needs to be established
with a view to legitimizing the political authorities, the Special Rapporteur was impressed
by vibrant sectors of civil society concerned with human rights issues. He regrets that, for
the time being, only one independent human rights non-governmental organization has
been officially registered by the authorities, and that a number of civil society activists are
said to have been harassed, detained and ill-treated allegedly because of their human rights
activities. In particular, he is particularly concerned about the current situation of
Elena Urlaeva and Larissa Alexandrova Vdovina (see appendix II).
64.
Due to recent legal reforms, four crimes, namely premeditated murder with
aggravating circumstances, genocide, terrorism and aggression, are now capital offences.
According to a statement attributed to the President of the Republic, on average,
100 persons per year are executed. Despite his requests, the Special Rapporteur was not
provided with any specific statistics regarding death penalty cases. As noted above, he
regrets that the Supreme Court, which is to review all cases of death sentence, even in the
absence of a formal complaint according to its Acting Chairperson, seems not to have
received information from United Nations human rights monitoring bodies regarding
alleged irregularities in the criminal process leading to a death sentence, in particular
requests for interim measures from the Human Rights Committee. The Special
Rapporteur further questions the statement by the Acting Chairperson according to which
no one has ever been wrongly executed.
65.
The Special Rapporteur also notes with serious concern the situation of relatives of
persons sentenced to death. The complete secrecy surrounding the date of execution, the
absence of any formal notification prior to and after the execution and the refusal to hand
over the body for burial are believed to be intentional acts, fully mindful of causing family
members turmoil, fear and anguish over the fate of their loved one(s). The practice of
maintaining families in a state of uncertainty with a view to punishing or intimidating them
and others must be considered malicious and amounting to cruel and inhuman treatment.
Furthermore, the Special Rapporteur considers that the abolition of the death penalty
would be a positive step towards respect for the prohibition of torture and other forms of
ill-treatment.
66.
The combination of a lack of respect for the principle of presumption of innocence
despite being guaranteed by the Constitution (art. 25) and the CPC (art. 23), the
discretionary powers of the investigators and procurators with respect to access to
detainees by legal counsel and relatives, as well as the lack of independence of the judiciary
and allegedly rampant corruption in the judiciary and law enforcement agencies, are
believed to be conducive to the use of illegal methods of investigation. The excessive
powers in the overall criminal proceedings of procurators, who are supposed at the same
time to conduct and supervise preliminary criminal investigations, to bring charges and to
monitor respect for existing legal safeguards against torture during criminal investigations
and in places of detention, make investigations into complaints overly dependent on their
goodwill.
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