CAT/C/RUS/CO/6
with concern consistent reports that the commissions were denied access to places of
detention and were prohibited from taking photographic and video equipment with them.
The Committee is also concerned that federal authorities are not legally obliged to respond
to the recommendations made by the commissions and that few of their findings have
resulted in a criminal proceeding (arts. 2, 12 and 13).
23.
The State party should:
(a)
Ensure the effective and independent operation of the public oversight
commissions, including by providing sufficient human and financial resources and
guaranteeing that the membership of the commissions complies with requirements set
out in the legislation, with a view to ensuring their independence and impartiality;
(b)
Ensure that, in practice, members of the public oversight commissions
have unimpeded access to all places of deprivation of liberty, including psychiatric
institutions; that they can conduct confidential interviews with detained persons; and
that any officials, including prison administration officials, who obstruct their work
are subject to appropriate penalties;
(c)
Take all the necessary measures to ensure that relevant authorities act
promptly on the findings and recommendations made by the public oversight
commissions;
(d)
Consider allowing non-governmental organizations to regularly monitor
all places of detention to complement the monitoring undertaken by the public
oversight commissions.
Preventive mechanism
24.
While noting the delegation’s replies concerning the possible duplication of the
monitoring functions, the Committee expresses its concern that the State party has yet to
take further preventive measures at the international and national levels by ratifying the
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, thus establishing a national preventive mechanism.
With respect to the State party’s involvement in the regional preventive mechanism, the
Committee appreciates the delegation’s statement that the State party is cooperating closely
with the European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment and that the State party has not ruled out the possibility of
requesting the publication of the European Committee’s reports on its visits to the State
party (arts. 2, 12 and 13).
25.
The Committee recommends that the State party ratify the Optional Protocol
to the Convention and establish a national preventive mechanism in accordance with
the Optional Protocol. The Committee also invites the State party to consider
requesting the publication of the reports of the European Committee on the
Prevention of Torture on its visits to the State party.
Independent complaint mechanism
26.
While noting the delegation’s replies that detainees are given opportunities to submit
their complaints of torture on a daily basis, the Committee remains concerned at consistent
reports that, in practice, detained persons do not have adequate access to an effective, safe
and independent complaint mechanism and that those alleging torture face reprisals and are
often counter-charged with making false accusations, resulting in additional prison time
(arts. 2, 12 and 13).
27.
The State party should ensure that all persons, particularly those deprived of
their liberty, have adequate access to an independent complaint mechanism through
which they can transmit confidential allegations of torture or ill-treatment to an
independent investigative authority. It should take all the necessary measures to
protect detainees alleging torture against reprisals, including countersuit.
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