CAT/C/RUS/CO/6
(c)
Federal Act No. 21 on the Code of Administrative Procedure, which aims to
provide remedies for claims concerning conditions of detention in places of deprivation of
liberty, on 8 March 2013.
6.
The Committee also welcomes the initiatives of the State party to amend its policies,
programmes and administrative measures to give effect to the Convention, which include:
(a)
The adoption of a national strategy for women for the period 2017–2022,
which aims to combat, inter alia, violence against women;
(b)
The development of the road map for the development of the penitentiary
system of the Russian Federation during the period 2015−2020;
(c)
The adoption and implementation of the nationwide targeted programme for
the development of the penal correction system for the period 2007−2016, which aims to
increase the holding capacities in remand centres;
(d)
The measures taken by the Ministry of Defence between 2013 and 2016 to
improve compliance with the law and upholding lawful conduct and military discipline,
including the orders on enhancing the effectiveness of procedural actions by the authorities
of the armed forces responsible for conducting initial inquiries and preventing violent
offences in interpersonal conduct between members of the armed forces;
(e)
The appointment of human rights commissioners in all 85 constituent entities
of the State party, as of 2016.
C.
Principal subjects of concern and recommendations
Pending follow-up issues from the previous reporting cycle
7.
In paragraph 28 of its previous concluding observations (CAT/C/RUS/CO/5), the
Committee requested the Russian Federation to provide further information regarding areas
of particular concern identified by the Committee in paragraph 11 on monitoring of places
of detention; in paragraph 12 on intimidation, harassment and violent attacks on human
rights defenders; and in paragraph 16 on hazing (“dedovschchina”) and ill-treatment within
the armed forces. The Committee expresses its appreciation for the State party’s follow-up
responses on these matters and the substantive information, provided on 25 October 2013
(CAT/C/RUS/CO/5/Add.1). However, in view of the information before the Committee,
the Committee considers that the recommendations in paragraphs 11, 12 and 16 of its
concluding observations have not been fully implemented (see paras. 22, 28 and 36 below).
Definition and criminalization of torture
8.
In the light of its previous recommendation (see CAT/C/RUS/CO/5, para. 7), the
Committee regrets that the State party has not yet criminalized torture as an independent
crime in the Criminal Code and that the definition of torture in the annotation to article 117
of the Code does not contain all the elements set out in article 1 of the Convention. The
Committee is concerned at the information provided by the delegation that acts of torture or
ill-treatment by public officials are usually prosecuted under article 286, abuse of authority,
which does not reflect the grave nature of the crime of torture and does not allow the
Committee to monitor the State party’s prosecution of cases of torture (arts. 1 and 2).
9.
The Committee once again urges the State party to criminalize torture as an
independent crime. The State party should also ensure that its definition of torture
fully conforms to article 1 of the Convention, that the penalties for torture in its laws
reflect the grave nature of the crime, as set out in the Committee’s general comment
No. 2 (2007) on the implementation of article 2, and that perpetrators are not charged
solely with other crimes which carry lower maximum penalties and are subject to
statutes of limitations.
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