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Russian NGO Shadow Report on the Observance of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by the Russian Federation for the period from 2001 to 2006

November 29, 2006 08:40

Introduction

Article 2.

Measures taken to improve the conditions in detention facilities.

Measures to improve the situation in penal institutions and protection of prisoners’ human rights.

Measures taken to improve the situation in temporary isolation wards of the Russian Ministry for Internal Affairs and other custodial places.

Measures taken to prevent torture and cruel and depredating treatment in work of police and other law-enforcement institutions.

Measures taken to prevent cruel treatment in the armed forces.

Article 3.

Asylum provisions and protection from torture in Russia.

Political Asylum: policies and practices.

Refugee status and temporary asylum: rules and regulations.

Practices of granting refugee status and temporary asylum in Russia.

Expulsion and deportation. Compliance with the protection against torture principle.

Extradition of suspects, accused and convicted persons from Russia, and compliance with the protection against torture principle.

Article 4.

Article 10.

Article 11.

Disproportionate and indiscriminative use of force and firearms in the course of apprehension, suppression of unlawful activities and maintenance of public order

Detainees’ rights.

Falsification of reasons for detention.

Impeding detainees’ contacts with lawyers and relatives.

Treatment of prisoners in penitentiary institutions.

Ensuring precise recording of the time of detention.

Implementation of the suspect’s and the accused right to the lawyer

Conditions of transportation of SIZO inmates to the courts and their confinement in the court convoy facilities

Protection of rights of the suspects and the accused when they are confined at PRFS facilities.

Article 12.

Responding to evidence of torture.

Investigation into alleged incidents of torture.

Non-compliance with the principle of thorough investigation.

Unjustified delay of investigation.

Biased evidence assessment, unfounded decisions in torture cases.

Absence of legal remedies against failure to conduct an effective investigation; throwing the victim back and forth between authorities (‘ping pong’)

Impartiality of investigation.

Investigation of torture in penitentiary institutions.

Investigation of torture in the armed forces.

Article 13.

The right to file a complaint against torture.

Practical possibility to file a complaint against torture; difficulties which occur

Examination of complaints against torture and cruel treatment: cases of ungrounded denials.

Access of applicants to investigation.

Ensuring security of the victim and witnesses.

Article 14.

Rehabilitation of victims of unlawful criminal prosecution and its correlation with rehabilitation of torture victims

The right of torture victims to compensation, and access to compensation procedure.

The practice of compensation awards in torture cases.

Problems with enforcing compensations awarded by courts.

Article 15.

Article 16.

Conditions of detention in pre-trial detention centers (SIZO)

The problem of SIZOs’ overcrowding still remains.

Bad conditions in SIZOs.

Situation in correctional institutions.

Premises of correctional institutions.

Sanitary and hygienic conditions.

Labor conditions.

Medical treatment

Social adaptation of the convicts.

Situation of the vulnerable categories of prisoners.

Temporary detention isolators (IVS) of the Ministry of Interior: conditions of detention.

Conditions in accommodation and holding centers for immigrants.

Living Conditions in the Military Service.

Detoxification Centers.

Prevention of cruel and degrading treatment of inmates in psychiatric institutions of Russia.

The Problem of Torture and Cruel and Degrading Treatment in Chechnya and the Northern Caucasus.

The legal framework for the “counterterrorist operation” in the Chechen Republic.

Torture, cruel and degrading treatment as methods of “counterterrorist operations” (ranging from “sweep" to "targeted" operations)

Abusive security operations targeting peaceful civilians in 2004-2005.

Abductions, disappearances and summary executions during the “anti-terrorist operation”.

Impunity of Federal and Local Uniformed Personnel

Ineffectiveness of the judicial system in combating impunity.

Falsification of criminal prosecutions and use of torture to force confessions.

Persecution of applicants to the European Court of Human Rights.

Interaction between government authorities and non-governmental and inter-governmental organizations to address the problems of torture, cruel and degrading treatment

Places of custody.

Illegal (secret) prisons and hostage-taking.

The escalation of conflict outside Chechnya.

Annex to the section The Problem of Torture and Cruel and Degrading Treatment in Chechnya and the Northern Caucasus.