Example: Attorney: “Victims themselves refuse their complaints being afraid of consequences.
Most importantly, a torture victim has been in detention all the time, which means that
law enforcement members can enter his cell any time and inflict torture since there are no
witnesses…”230
The absolute majority of lawyers protecting interests of victims of torture and ill-treatment believe that “the
entire state machinery supports perpetrators inflicting unlawful investigation techniques.”
5.1.7. DISCIPLINE AND PUNISHMENT
International Standard
Standard Minimum Rules establish that discipline and order shall be maintained with firmness, but with no
more restriction than is necessary for safe and well-ordered community life.231
According to rule 31 of Standard Minimum Rules, corporal punishment, punishment by placing in a dark cell,
and all cruel, inhuman or degrading punishments shall be completely prohibited as punishments for disciplinary
offences.
The types of conduct of the detained or imprisoned person that constitute disciplinary offences during detention
or imprisonment, the description and duration of disciplinary punishment that may be inflicted and the authorities
competent to impose such punishment shall be specified by law or lawful regulations and duly published.232
No juvenile should be disciplinarily sanctioned except in strict accordance with the terms of the law and
regulations in force. No juvenile should be sanctioned unless he or she has been informed of the alleged
infraction in a manner appropriate to the full understanding of the juvenile, and given a proper opportunity
of presenting his or her defense, including the right of appeal to a competent impartial authority. Complete
records should be kept of all disciplinary proceedings.233
In-country Legislation
Article 34 of the Law specifies main responsibilities of suspected and accused persons that include, among
others, compliance with the rules of detention set forth by this Law and the Internal Regulations.
Accused persons violating the established responsibilities may be subjected to sanctions in the form of reproofs
or placement in a punishment cell or a one-man cell at a disciplinary cell for up to 15 days, and in case of
juveniles – for up to five (5) days.234
Physical force in places of detention may be applied to a suspected or accused person in order to suppress
offence that could be committed by him or to overcome his resistance to legitimate demands of detention
facility staff in cases when nonviolent actions (approaches) fail to cease the offence or abiding to legitimate
demands.235
In the course of the monitoring, the observers have not registered any cases of imposing penalties on TDF
detainees for non-performance of their obligations stipulated by the Internal Regulations.
At the same time, it must be noted that penalties such as placement in a punishment cell cannot be imposed and
if it is imposed, then it cannot be accomplished because there no facilities specially equipped for such purposes
in any IAD TDFs.
230
233
234
235
231
232
Monitoring Report No. А/43/14.
Standard minimum rules, rule 27.
Body of principles. Principle 30.
UN Rules for the Protection of Juveniles Deprived of Their Liberty, rule 70.
Law on the procedure of the detention, Art. 36.
Law on the procedure of the detention, Art. 41.
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