CAT/C/RUS/CO/6
17.
The State party should ensure that the case of Yevgeny Makarov is promptly,
impartially and effectively investigated and that the perpetrators, including those with
command responsibilities and those who suppressed the video recording, are
prosecuted and, if found responsible, punished with appropriate penalties. The State
party should also take all the necessary measures to protect Yevgeny Makarov and his
lawyer, Irina Biryukova, against reprisals.
Excessive use of force
18.
The Committee is concerned at consistent reports on the excessive use of force by
law enforcement officials during demonstrations. In particular, the Committee is concerned
at information that hundreds of protesters were severely beaten and arrested during the anticorruption demonstrations in Moscow and St. Petersburg on 12 June 2017; that when
apprehending protesters police officers hid their identities by concealing their badges; and
that protesters were denied access to lawyers and basic necessities while held in extremely
overcrowded police cells (arts. 2, 12, 13 and 16).
19.
The State party should:
(a)
Ensure that prompt, impartial and effective investigations are
undertaken into all allegations relating to the excessive use of force by law
enforcement officers and members of the armed forces, that the perpetrators are
prosecuted and that the victims obtain redress, including adequate compensation;
(b)
Provide professional training to law enforcement officials on the need to
respect the principles of necessity and proportionality during police interventions,
especially with respect to peaceful demonstrations; the absolute prohibition of torture
and other State obligations under the Convention; and the Basic Principles on the Use
of Force and Firearms by Law Enforcement Officials;
(c)
Strengthen its compliance with legislation that requires all law
enforcement officers on duty to wear visible identification of their personal identity to
ensure individual accountability and protection against acts of torture and illtreatment.
Drug users
20.
Noting the lack of opioid substitution therapy in the State party, the Committee is
concerned at consistent reports that law enforcement officials deliberately took advantage
of the withdrawal syndrome displayed by drug users deprived of liberty to elicit coerced
confessions and that the courts admitted such evidence. The Committee regrets that, despite
recommendations made by several other treaty bodies, including the Human Rights
Committee in 2015, the State party has reportedly not taken effective measures to address
this issue (arts. 2, 11, 15 and 16).
21.
The Committee urges the State party to take all the measures necessary to
effectively protect drug users deprived of liberty against the exploitation by the police
of the pain and suffering associated with the withdrawal syndrome, including to
extract confessions; to ensure that such confessions are not admitted by the courts;
and to provide drug users in detention with adequate access to necessary medical
treatment.
Monitoring of places of deprivation of liberty
22.
While noting the measures taken by the State party to strengthen the public oversight
commissions, including Federal Act No. 203 of 19 July 2018 aiming to expand the rights of
members of the commissions, the Committee is concerned at consistent reports that the
continued underfunding of the commissions has led to a reduced number of visits carried
out during the period under review. It is also concerned at information that the revised rules
governing the membership of public oversight commissions have resulted in the
appointment by the Council of the Public Chamber of a disproportionate number of
members with law enforcement backgrounds and the exclusion of independent monitors,
undermining the impartiality and independence of the commissions. The Committee notes
5