CAT/C/RUS/CO/6
concerned at continuing reports of overcrowding in certain facilities and harsh material
conditions, including inadequate access to food, water, heating, ventilation, sanitation,
hygiene and medical care. The Committee is concerned at reports of the equally poor
conditions of detention for children who were born in prisons and the lack of access to
adequate medical care and educational programmes for those children and mothers. The
Committee is concerned at the discrepancy between the high number of deaths and charges
brought against prison staff concerning these deaths and the low number of sanctions
actually imposed. Noting that the high mortality rate is due to a high incidence of
transmissible diseases, including tuberculosis and HIV/AIDS, among prisoners and the lack
of adequate medical care, the Committee is also concerned at reports of inadequate access
to HIV testing and specialized treatment, such as highly active antiretroviral therapy.
Furthermore, it is concerned at reports of the particularly unbearable conditions in which
detainees are transported to a different place of detention, including cases where detainees
were reportedly transported in single-person van compartments measuring 0.3 m² (arts. 11
and 16).
39.
The State party should:
(a)
Bring the conditions of detention into line with international standards,
including the United Nations Standard Minimum Rules for the Treatment of
Prisoners (the Nelson Mandela Rules), by, inter alia, ensuring that detainees, in
particular members of vulnerable groups such as children born in prisons, are
provided with adequate material and hygienic conditions; adequate sewage systems
and sanitary installations, including toilets and showers; heated cells; sufficient
ventilation; an adequate quality and quantity of food, bedding, blankets and items for
personal hygiene; health care; outdoor activities; and family visits;
(b)
Reinforce its efforts to reduce the number of deaths in custody, including
cases of suicide. It should investigate all incidents of such deaths and ensure
independent forensic examinations; provide autopsy reports to the family members of
the deceased and, if requested, permit family members to commission private
autopsies; and prosecute those responsible for violations of the Convention resulting
in such deaths and, if they are convicted, punish them accordingly and provide
redress to relatives of victims;
(c)
Combat the spread of infectious diseases and vigorously implement
harm-reduction programmes in places of detention in order to reduce the number of
deaths from tuberculosis and the incidence of HIV/AIDS, and provide specialized
medical care to detainees suffering from those diseases.
Involuntary placement in psychiatric institutions
40.
The Committee is concerned at consistent reports that law enforcement uses
involuntary placement in a psychiatric institution as a form of harassment and punishment
of political opponents and activists, particularly those in Crimea, including the involuntary
hospitalization in 2016 of Ilmi Umerov, the Mejlis Deputy Chair, and five Crimean Tatar
men suspected of being terrorists. The Committee regrets that, in practice, courts reportedly
do not always respect the law requiring patients’ presence at the proceeding considering
their involuntary hospitalization; that patients held in psychoneurological hospitals are
prohibited by staff from filing complaints or accessing legal counsel; and that no effective
monitoring mechanism exists for the situations in psychiatric institutions (arts. 11 and 16).
41.
The State party should:
(a)
Take measures to put an end to the practice of involuntary placement in
a psychiatric institution, particularly in Crimea;
(b)
Ensure that all persons are guaranteed, in law and in practice, effective
safeguards concerning their involuntary internment and psychiatric and medical
treatment in psychiatric institutions;
(c)
Establish an effective independent monitoring mechanism to review the
situations of psychiatric institutions and allow the public oversight commissions and
non-governmental organizations to conduct monitoring visits to these institutions.
9