COMMITTEE AGAINST TORTURE HEARS RESPONSE OF THE RUSSIAN FEDERATION

The Committee against Torture this afternoon heard the response of the Russian Federation to questions raised by Committee Experts on the fourth periodic report of that country on how it is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Responding to a series of questions raised by the Committee members on Friday, 10 November, the delegation, which was led by Valery Loshchinin, Permanent Representative of the Russian Federation to the United Nations Office at Geneva, said members of the prison services conducted regular inspection visits of detention centres and every five years there were visits by teams in order to carry out more thorough inspections. These centres were also monitored by international organizations, including visits to centres in the Chechen Republic.

In general, the reform of the penitentiary system in the Russian Federation was aimed at providing civilized conditions in prisons and to uphold the rights of suspects and those convicted. This had been reflected in consistent policies in the State and was in line with all international treaties entered into force in the country. With concern to the State’s counter-terrorism measures, the delegation affirmed that all those brought in for questioning and being suspected of terrorist activities were afforded the same legal guarantees as those investigated for other acts; in this regard, 1,931 criminal investigations had been conducted pertaining to 2,708 individuals.

The Committee will submit its conclusions and recommendations on the report of the Russian Federation towards the end of the session on Friday, 24 November 2006.

As one of the 142 States parties to the Convention against Torture, the Russian Federation is obliged to provide the Committee with periodic reports on the measures it has undertaken to fight torture.

When the Committee reconvenes at 10 a.m. on Tuesday, 14 November, it is scheduled to begin consideration of the initial report of South Africa (CAT/C/52/Add.3).

Response of the Russian Federation

Responding to a series of questions raised by Committee Experts on Friday, 10 November, the delegation of the Russian Federation said that, with regard to the definition of torture in Russian legislation, the State Duma considered that the article listed in the Convention did not reflect the provisions made in the current Criminal Code of the Russian Federation.

Concerning the functioning of the penitentiary system, the delegation noted that members of the prison services conducted regular inspection visits of detention centres and every five years there were visits by teams in order to carry out more thorough inspections. Additional inspections were conducted in medical facilities. Members of the media also visited these centres on a daily basis, as allowed by Russian law. These centres were also monitored by international organizations, including visits to centres in the Chechen Republic. In February this year Chechen detention centres were visited by Council of Europe inspectors. Over 15 inspections were conducted by teams from the Council of Europe thus far. A new detention centre in the Chechen city of Grozny was currently being constructed, the delegation added.

As to medical assistance in prisons, the delegation said the Russian penitentiary system had its own medical service which included medical facilities placed in each detention centre.

All persons arrested were entitled to have a defence counsel from the moment of apprehension and were allowed meetings with their counsel, the delegation said in response to a question.

Concerning questions on sexual violence, the delegation noted that currently in the Russian Federation there were 58,000 women serving prison sentences. Women and men inmates were separated in prisons. Over 12,000 women were also benefiting from educational programmes while serving prison sentences. Mothers in prison were provided with special treatment. If sexual violence was determined to have occurred medical workers were brought in to investigate the case.

In general, the reform of the penitentiary system in the Russian Federation was aimed at providing civilized conditions in prisons and to uphold the rights of suspects and those convicted. This had been reflected in consistent policies in the State and was in line with all international treaties entered into force in the country.

As to questions raised on the state of emergency, the delegation noted that these measures were only taken when there was a situation posing significant threats to the lives and safety of Russian citizens.

With concern to the State’s counter-terrorism measures, the delegation affirmed that all those brought in for questioning and being suspected of terrorist activities were afforded the same legal guarantees as those investigated for other acts; in this regard, 1,931 criminal investigations had been conducted pertaining to 2,708 individuals.

The delegation noted that the level of crime in the Chechen Republic was among the lowest in the Russian Federation. There had also been a drop in abductions in the region. It was noted that the military procurators office had conducted 224 investigations into crimes allegedly committed by Russian military personnel against local civilians.

In response to a question, the delegation noted that monitoring of investigative activities was carried out by the President of the Russian Federation. As to the monitoring of the activities of the police serving in the Chechen Republic, the delegation said their activities were monitored by the Ministry of the Interior as well as the Procurators Office.

Concerning military justice, the delegation noted that all legal measures provided to ordinary citizens were available to military personnel. By a decision of the military procurators office a serviceman who had been a witness to any form of misconduct by another member of the military could be transferred to a different military unit. Concerning the 19 cases covered up by commanding officers in 2005, appropriate measures were taken against these individuals. The delegation added that in 2005 the number of crimes committed by military personnel had dropped compared to the year before. The military procurators office was a central component to the overall justice system and was similar to the work conducted in the civilian procurators office.

As to the registration of complaints of torture, the delegation noted that the procedure in place called that these cases should be registered as a public record.

Concerning the questions raised on extradition, the delegation noted that no extradition or deportation was carried out until guarantees could be made that the person would not be subjected to any form of torture or the death penalty.

With respect to the question on limitations on the freedom of movement, the delegation noted that as per Russian law all citizens of the State had the right to this freedom and to choose their place of residence within the State. Any restrictions of this right were based on the provisions of the law.

On the issue of refugees and asylum procedures, the delegation mentioned that the Government of the Russian Federation was developing a new draft law on refugees to speed up the process of granting asylum. All such cases were monitored by the United Nations High Commissioner for Refugees. Any person who was not granted asylum had up to one month to appeal and/or leave the country. The asylum laws in the Russian Federation were guided by the principles calling for the individual to be afforded the best physical situation. In practice political asylum had not been granted to anyone in the State, the delegation noted.

As to testimonies being received by use of force, the delegation said in 2005 seven cases were recorded. In all such cases, the officials involved were relieved of their duties.

On the issue of domestic violence, the delegation said the criminal procedural code and the law on family violence in the Russian Federation covered all such acts. Given a new awareness in the country, for the first time torture was understood as a psychological harm.

Regarding trafficking in persons, the delegation said more than 800 criminal cases had been brought before the courts in the first half of this year and more than 1,300 in 2005. It was noted that the Russian Federation had ratified the international convention on transnational crime. Some 90 crisis centres for women had been set up in the country within social service centres which provided crisis services to girls subjected to sexual violence or exploitation, among other things. A number of telephone hotlines had also been set up to assist victims of these crimes.

Concerning the case of an individual brought into a detention centre in Grozny, Mr. Godayev, the delegation said the Procurators Office in Chechnya was investigating the case in order to bring charges against the policemen involved in the case which resulted in severe bodily harm to the subject.

In response to a question, the delegation noted that the Government of the Russian Federation had received requests from five Special Rapporteurs to visit the country, including from the Rapporteurs on the rights of women and minorities. The Government of the Russian Federation was in a position to receive them at any time. Concerning the visit of the Special Rapporteur on torture, Manfred Nowak, the delegation said the Government was working very closely with the Rapporteur to allow him to visit. The visit was not being prevented but was rather postponed.

On the questions raised pertaining to non-governmental organizations (NGOs), the delegation reported that there were some 400,000 NGOs currently registered in the Russian Federation, 500 of which were foreign organizations.

Questions by Committee Experts

FELICE GAER, the Committee Expert serving as Rapporteur for the report of the Russian Federation, on the issue of Chechnya, asked for clarification about the effectiveness of monitoring of detention centres, in particular the cases of wrongful detention reported from the Operational Research Bureau detention facility in Chechnya.

Noting the delegation’s remarks indicating that the cases of forced disappearances in Chechnya were carried out by armed criminal gangs, the Rapporteur asked for further clarification about these cases. Referring to reports citing 82 cases of individuals subjected to illegal detention in Chechnya, Ms. Gaer asked the delegation if it was aware of these alleged illegal centres, including those located in the homes of Russian commanders in Chechnya.

Concerning the case of Anna Politkovskaya, the Rapporteur asked the delegation whether the Government had investigated the allegations cited in Ms. Politkovskaya’s final article.

Drawing attention to recent reports that there were more complaints of torture and fewer prosecutions in that regard, the Rapporteur asked the delegation for an explanation of this downward trend.

The Rapporteur asked for information concerning a visit from a delegation from the Committee on the Prevention of Torture of the Council of Europe to a detention center in Tsentoroi where it was alleged that a number of the detainees were moved before the delegation arrived, according to a Human Rights Watch report.

ESSADIA BELMIR, the Committee Expert serving as Co-Rapporteur for the report of the Russian Federation, asked for additional information with regard to the independence of judges and the appointment and removal of judicial officials.

While referring to reports that 396 people went missing in 2004 in Chechnya, 24 of whom were found dead and the remaining still missing, she asked how the question of forced disappearances was dealt with in the courts.

Ms. Belmir re-visited the question on “internal passports”, asking the delegation for the State’s position on these reported documents.

Response by Delegation

Responding to additional questions raised, the delegation of the Russian Federation said that, with regard to the Operational Research Bureau detention centre in Grozny, there were two facilities in this centre – one housing an office dealing with organized crime and the other a cell for temporary detention falling under the Ministry of the Interior. There were 112 people held in the detention centre this year thus far. The State had set up a working group under the Ministry of the Interior of the State with a mandate of identifying possible places of illegal detention under the auspices of the centre.

As to the visit by the Committee on the Prevention of Torture of the Council of Europe, the delegation said the team of investigators visited all the detention centres on its list. In some cases they did not find any prisoners in certain centres since in these cases the former prisoners were either released or transferred to other facilities.

For use of the information media; not an official record

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