No participant of criminal proceedings shall be subjected to violence or other cruel or degrading treatment.174
All agencies and individuals participating in criminal proceedings must respect human rights, liberties and
dignity. It shall be prohibited to inflict threatening, violence or take other undue measures in the course of
investigative or judicial actions. Persons taken into custody and those detained on the suspicion of committing
a crime shall be held in detention facilities in conditions eliminating the danger to their lives and health.175
In the course of interviewing TDF detainees, the observers registered complaints regarding physical force and
intimidation inflicted by law enforcement agencies.
Almost all of the respondents reported torture and ill-treatment at the time of arrest. These actions were aimed
to intimidate these persons, suppress their will and compel them to confess guilt and write an acknowledgment
of guilt.
It was mentioned before that total 193 persons were covered by the monitoring of IAB TDFs. Out of them, 60
persons (or almost every third (31.1%)) reported torture and cruel treatment.
Diagram 19.
The ratio of reported cases of torture and ill-treatment.
In 50 (83.3%) cases torture was inflicted to compel detainees to confess guilt under the suspicion of committing
a crime. In 8 (13.3%) cases torture and cruel treatment were inflicted to punish persons for particular offences
as law enforcement agencies deemed them to be. At last, in two cases (3.4%) cruel treatment was accompanied
by extortion.
Diagram 20.
Purposes of infliction of torture or cruel treatment.
To professionally determine what a person subjected to torture or ill-treatment endures, expert knowledge is
required. In each case it depends on features of character, behavior, and the state of mind of a torture victim.
Physical pain always entails moral sufferings just like moral sufferings are often accompanied by elements of
physical pain. Nevertheless, for illustration purposes, authors of the report made an attempt to identify main
types of torture and cruel treatment.
In the absolute majority of cases – 44 (75%) – torture was associated with physical pain caused to victims, and
in 15 (25%) cases – with moral sufferings.
174
175
KR Code of Criminal Procedure, Art. 11.
KR Code of Criminal Procedure, Art. 10.
63
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