CAT/C/CR/28/4
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D. Subjects of concern
5.
The Committee is deeply concerned over the following:
(a)
Numerous and consistent allegations of widespread torture and other cruel,
inhuman or degrading treatment or punishment of detainees committed by law enforcement
personnel, commonly with a view to obtaining confessions;
(b)
Continuing reports, despite the State party’s considerable efforts to initiate
dialogue and preventive safeguards such as a “hotline” for victims, of widespread “hazing”
(dedovshchina) in the military, as well as torture and other cruel, inhuman or degrading
treatment or punishment in the armed forces, conducted by or with the consent or approval of
officers, resulting in severe physical and mental harm to the victims;
(c)
A persistent pattern of impunity for torture and other ill-treatment benefiting both
civil and military officials, a lack of reported decisions by judges to dismiss or return a case for
further investigation citing the use of torture to obtain a confession, and the very small number of
persons convicted of violations of the Convention.
6.
The Committee also expresses its concern about the following:
(a)
The failure to define torture in domestic law in conformity with article 1 of the
Convention. The designation of torture as an aggravating circumstance for some enumerated
crimes does not satisfy the requirements of articles 1 and 4 of the Convention;
(b)
The numerous cases of convictions based on confessions and the law enforcement
promotion system based on the percentage of crimes solved, which, taken together, reportedly
create conditions that promote the use of torture and ill-treatment to force detainees to “confess”;
(c)
The lack of adequate access for persons deprived of liberty, immediately after
they are apprehended, to counsel, doctor and family members, an all-important safeguard against
torture;
(d)
The de facto refusal of judges to take account of evidence of torture and
ill-treatment provided by the accused, resulting in the common failure to either investigate or
prosecute such cases;
(e)
The explanation by the State party that, despite numerous allegations of violence
against women in custody, no formal complaint has been received on this issue. Despite the
State party’s efforts to release prisoners and reduce their number in general, the population of
women in custody has doubled in the past decade;
(f)
The lack of practical training about obligations under the Convention for doctors,
law enforcement personnel and judges, and the military;