CAT/C/CR/28/4
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B. Positive aspects
3.
The Committee notes the following positive developments:
(a)
The ratification of the European Convention for the Protection of Human Rights
and Fundamental Freedoms and the European Convention for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment;
(b)
The introduction of a new Criminal Code and a new Code of Criminal Procedure,
as well as the State party’s assurances that all of the latter Code will enter into force
on 1 July 2002. The Committee welcomes the introduction in the Code of Criminal Procedure
of, inter alia, jury trials, stricter limits on detention and interrogation, provisions for exclusion of
evidence obtained in the absence of a defence lawyer, and the conferral authority of a judge
rather than a procurator to order an arrest;
(c)
Transfer of the penal correction system from the authority of the Ministry of
Internal Affairs to the authority of the Ministry of Justice;
(d)
Measures introduced to improve conditions of detention in prisons and to reduce
overcrowding;
(e)
Assurances by the representative of the State party that alternative service, and a
“voluntary military on a contract basis” would be introduced to replace mandatory conscription
into the armed forces;
(f)
The Procurator General’s Order No. 46, which requires the presence of
representatives of the Prosecutor’s Office during “special operations” carried out in Chechnya,
and Order No. 80 of the Commander of the Federal Forces of the North Caucasus, requiring
troops to identify themselves, record detentions, notify relatives, and take other measures to
safeguard civilians from abuse;
(g)
The setting up of a special working group within the Ministry of Internal Affairs
with a mandate to bring national legislation into conformity with international refugee law.
C. Factors and difficulties
4.
The Committee appreciates the frank explanations provided by the delegation regarding
the difficulties still faced by the State party in overcoming the inheritance of a system
characterized by “arbitrariness and impunity” and in building and strengthening democratic
institutions and the rule of law. It notes that these challenges are compounded by “acts of
terrorism” and threats to security. Nonetheless, the Committee reiterates that, in accordance with
article 2 of the Convention, “no exceptional circumstance whatsoever … may be invoked as a
justification of torture”.