E/CN.4/1997/7 page 40 175. The Government also stated that early in June 1996 the Constitutional Court of the Russian Federation had declared unconstitutional the provision of the Russian Code of Criminal Procedure on the time within which persons deprived of their freedom must be acquainted with the material relating to their cases. However, in view of the risk that the immediate repeal of that provision would leave no means of countering the delaying of proceedings by prisoners, the Court ruled that its decision should be implemented within six months. By that time the Federal Assembly should have amended the existing law on acquainting prisoners with the material concerning their cases, perhaps even by adopting a new Code of Criminal Procedure. On 13 June 1996, the President of the Russian Federation signed legislation providing that the new Criminal Code would come into force on 1 January 1997. The new Criminal Code was distinguished by its humanism, as noted by numerous independent experts, including specialists from the Council of Europe. Of fundamental importance was paragraph 2 of article 7, “The Principle of Humanism”, providing that: “Neither punishment nor other measures under criminal law undertaken against a person who has committed a crime shall have as their purpose the causing of physical suffering or the degradation of human dignity”. Observations 176. The Special Rapporteur appreciates the continuing cooperation of the Government in respect of matters within his mandate. He acknowledges the positive measures that have been taken to address the problems he identified in the report on his 1994 visit, particularly in respect of the torturous conditions in some remand prisons ( sizos ). The fact remains that two years later these conditions seem to persist. In this connection, he notes the concern expressed by the Committee against Torture at its November 1996 session in respect of overcrowding in prisons, made worse by the poor and unsanitary conditions prevailing therein. He repeats his call for urgent measures to be taken to bring immediate relief, such as releasing at once all first-time, non-violent suspected offenders. He also notes the Committee’s concern about widespread allegations of torture and ill-treatment of suspects and persons in custody with a view to secure confessions, a problem especially notable in Chechnya, and supports the Committee’s recommendations. Saudi Arabia 177. The Special Rapporteur made 5 urgent appeals on behalf of 10 persons. The Government replied to 4 of the appeals on behalf of 5 persons, as well as to 3 urgent appeals on behalf 13 persons transmitted in 1995. Observations 178. The Special Rapporteur appreciates the Government’s responses, but is concerned at the absence of any information denying the existence of incommunicado detention apparently without limit. As to the question of corporal punishment and the Special Rapporteur’s mandate, he draws attention to paragraphs 5 to 11 of the present report.

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