Torture in Russia: Main Problems and Measures Needed to Improve State Response to Torture
April 27, 2018 22:41
Torture, cruel or degrading treatment or punishment are prohibited by Article 21 of the Russian Constitution. But Russia's criminalization of torture as official misconduct does not meet international standards. Torture in Russia is outlawed by Article 117 of the Criminal Code (CC RF) which is not specifically applicable to officials, and by Article 302 of the CC RF which has a narrow effect in that it can be enforced against an investigating officer only if they use torture to obtain testimony. Article 286 of the CC RF is often used to hold law enforcement officials accountable for torture. Its provisions apply to abuse of office, and its part three mentions the use of violence or special devices as aggravating circumstances. In Russian law enforcement practice, torture is usually treated as abuse of office involving physical violence (Article 286, part 3, of the CC RF).