11.03.2008 - Source: US Department of State

Credible reports that law enforcement personnel frequently engaged in torture to coerce confessions from suspects; cases of physical abuse by police officers usually occurred within the first few hours or days of arrest ("Country Report on Human Rights Practices 2007") [ID 19290]

"The law prohibits such practices; however, there were credible reports that law enforcement personnel engaged in torture, abuse, and violence to coerce confessions from suspects and allegations that the government did not consistently hold officials accountable for such actions. During the year there were reports of torture and other cruel, inhuman, or degrading treatment or punishment by federal or local government security forces in connection with the conflict in Chechnya.

Although prohibited in the constitution, torture is not defined in the law or the criminal code. As a result, the only accusation prosecutors could bring against police suspected of such behavior was that they exceeded their authority or committed a simple assault.

Cases of physical abuse by police officers usually occurred within the first few hours or days of arrest. Some of the methods reportedly used were: beatings with fists, batons, or other objects; asphyxiation using gas masks or bags (at times filled with mace); electric shocks; or suspension by body parts (for example, suspending a victim from the wrists, which were tied together behind the back). A Muslim prisoner alleged that an interior ministry officer pulled parts of his beard out and forced vodka down his throat. Allegations of abuse were difficult to substantiate because of limited access to medical professionals. According to the annual report of the country's human rights ombudsman published in February, the majority of police brutality cases in 2006 were reported in Komi and Mordoviya republics, Krasnoyarsk Kray, Amur, Kirov, Sverdlov, and Tyumen regions. A November 2006 report by Amnesty International documented 114 cases of alleged torture by police to obtain confessions."

Document(s): Open document

11.03.2008 - Source: US Department of State

Cases of beatings and torture by police ("Country Report on Human Rights Practices 2007") [ID 22559]

"In 2006 four suspects under detention in a murder investigation in the town of Birsk, Bashkortostan, were beaten by police until they confessed. All charges against the four were dropped when a local human rights group and independent newspaper publicized the case. In July a district court began hearings in the case of Dmitriy Noskov, who claimed that police tortured him in 2004 to coerce him into confessing to a robbery. Doctors who examined him documented a concussion and extensive injuries. (...)
Trials began in September against eight policemen charged with beating 32 persons during the 2004 "crime prevention" crackdown in Blagoveshchensk. The accused were mostly junior officers of the town police and the Bashkortostan OMON (a special police detachment). The highest ranking defendants were Lieutenant Colonel Ildar Ramazanov, head of the Blagoveshchensk town police and the OMON unit commander. The cases were pending at year's end."

Document(s): Open document

11.03.2008 - Source: US Department of State

Following arrests made after 2005 attack on Nalchik, Human Rights Watch reported about at least 8 cases in which detainees were mistreated ("Country Report on Human Rights Practices 2007") [ID 22610]

"Following arrests made after the 2005 attack on Nalchik, during which militants attacked buildings associated with security services, Human Rights Watch reported there were at least eight cases in which detainees were mistreated and that lawyers for five detainees were barred from representing their clients. A year after the arrests, authorities released some detainees. Ruslan Nakhushev, head of the Islamic Research Institute in Nalchik, who sought to promote dialogue between authorities and the Muslim community, disappeared in 2005 after being questioned about the attack by the FSB; in December 2006 the Ministry of Internal Affairs of Kabardino-Balkaria included him on its list of most wanted criminals.

In some cases of alleged physical abuse and torture, according to NGOs, relatives were afraid to file complaints about torture and abuse, due to fear of additional reprisal."

Document(s): Open document

19.09.2007 - Source: Amnesty International

Concerns about treatment of those charged with involvement in violent attacks in Nalchik in 2005; allegations of torture and other ill-treatment of those in detention ("Human rights concerns [EUR 46/040/2007]") [ID 21388]

"In Kabardino-Balkaria, the trial against those charged with involvement in the violent attacks on government buildings on 13 October 2005 will start soon in the capital, Nalchik. During the investigation, relatives, lawyers and those detained have repeatedly expressed concerns about the treatment of the accused, including allegations of torture and other ill-treatment of those in detention. Amnesty International has followed the case of the former Guantánamo detainee, Rasul Kudaev, who is currently detained in Nalchik awaiting trial. Rasul Kudaev and his lawyers allege that he has been tortured and ill-treated while in detention (for further information see case information below). Amnesty International has seen photographs, eyewitness testimony and official documents that provide evidence to support the allegations of torture. However, the prosecutor’s office has repeatedly refused to open an investigation."

Document(s): Open document

23.05.2007 - Source: Amnesty International

Torture in police custody used across the country; safeguards were circumvented by police officers ("Annual Report 2007") [ID 19969]

"Torture was used in police custody across the country. Safeguards against torture - such as notifying relatives of arrest, and rights to legal counsel and to medical examination by a doctor of choice - were circumvented by police officers focused on obtaining "confessions". The Procuracy routinely failed to ensure effective investigation of torture allegations or remedy against torture. There was no fully effective, independent and nationally enforced mechanism for unannounced visits to places of detention. Convicted prisoners were reportedly beaten in a number of colonies, including in Perm and Sverdlovsk Regions, according to reports.

• In January the European Court of Human Rights ruled that the Russian authorities had subjected Aleksei Mikheev to torture in police detention in September 1998, and had denied him access to legal remedies. The Court found the government had violated the prohibition of torture and the right to an effective remedy.

• In April, Aslan Umakhanov's lawyer was not informed when he was transferred from the pre-trial detention centre in Ekaterinburg back to police custody for questioning in connection with a criminal investigation. Police investigators allegedly beat him severely and subjected him to electric shocks to force him to "confess". The authorities refused to open a criminal investigation into his alleged torture, despite a medical certificate attesting to his injuries."

Document(s): Open document

27.03.2007 - Source: International Helsinki Federation for Human Rights

Torture and other forms of ill-treatment continued to be perpetrated by police, prison and army officials in climate of widespread impunity; prosecutor’s offices remained reluctant to initiate investigations into allegations of torture, even when clear evidence was present ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2007 (Events of 2006)") [ID 19372]

"Torture and other forms of ill-treatment continued to be perpetrated by police, prison and army officials in a climate of widespread impunity. The country’s prosecutor’s offices remained reluctant to initiate investigations into allegations of torture, even when clear evidence of abuse was present, and such investigations were typically only opened in response to complaints filed by or on behalf of victims. When investigations were opened, they were frequently characterized by repeated postponements or delays, as a result of which they dragged out for years, or were closed without any conclusion having been made. When examining Russia’s record under the UN Convention against Torture at its November session, the UN Committee against Torture (CAT) expressed concern about “numerous, ongoing and consistent allegations of acts of torture and other cruel, inhuman or degrading treatment or punishment” as well as the failure of prosecutor’s offices to “conduct prompt, impartial and effective investigations into allegations of torture and ill-treatment.” The committee called on the Russian authorities, as a matter of priority, to reform the procuracy so as to ensure its independence and impartiality, and to separate the function of criminal prosecution from the function of supervision of investigations into torture allegations. It, further, urged the Russian authorities to establish effective and independent oversight mechanisms to ensure adequate measures to investigate and prosecute cases of torture."

Document(s): Open document

22.11.2006 - Source: Amnesty International

Serious concerns at incidence of torture and ill-treatment in police custody and pre-trial detention, and inadequate state response to tackle violations ("Torture and forced "confessions" in detention [EUR 46/056/2006]") [ID 17762]

"Amnesty International has documented dozens of cases of alleged torture and ill-treatment with a view to extracting a "confession" in police custody and pre-trial detention during ordinary criminal investigations across the Russian Federation since May 2002. The "confessions" then formed the basis of the criminal case against them, on the basis of which they were convicted. In 2005 alone, Russian NGOs documented at least 114 arguable cases of torture (with medical records and other evidence supporting the applicant’s claim) by police in 11 regions, not including the North Caucasus.(8) Minors as well as adults have been victims.(9) Although there are cases of torture and ill-treatment at all stages in the pre-trial detention system, sources confirm that the problem is most acute in police stations and IVSs. On the basis of numerous testimonies from alleged victims of torture, interrogators’ offices in police buildings seem to be equipped with a safe, which contains a range of implements which could be used for torture: rope; electric cables; field telephones; truncheons; handcuffs; sacks; blankets; gas masks. Books and plastic water bottles are also used to hit the detainees. "

Document(s): Open document

22.11.2006 - Source: Amnesty International

Pre-trial detention often focuses on getting "confessions"; evidence frequently falsified by police, according to Human Rights Ombudsperson ("Torture and forced "confessions" in detention [EUR 46/056/2006]") [ID 17763]

In the original document you will find additional information on the case of ethnic Chechen lawyer Aslan Umakhanov, who was tortured in detention

"If police officers are inadequately trained and unprofessional, they are less likely to investigate crimes through a range of sources of information. Instead they will be overly reliant on information or statements gained from interviews of witnesses, suspects and accused persons. This appears to be the case in Russia where, according to NGO reports, police officers rely on information from interviews with detainees, suspects, accused and witnesses to give them initial leads when investigating a case and will detain individuals having no information to back up the initial arrest at all.(25) The absence of sufficient investigative preparation limits the police’s opportunities to lawfully and professionally confront the suspect, making unlawful force more likely during the interview.(26) The police can then fabricate evidence to fit round the information or statement gained through the interview. According to the Human Rights Ombudsperson Vladimir Lukin, the police "not infrequently falsify evidence".Therefore there is a real risk that any safeguards against torture such as the presence of a lawyer – which make it less likely that an individual will give information or "confess" – will be perceived as hindering the entire investigation, and are to be circumvented rather than respected."

Document(s): Open document

05.10.2006 - Source: International Helsinki Federation for Human Rights

Chechnya, Ingushetia, North Ossetia, Kabardino-Balkaria: Russian government does not allow UN Special Rapporteur on Torture Manfred Nowak to visit region on terms already agreed; IHF fears strong increase of torture in detention sites ("Torture Epidemic in Russian North Caucasus Region Makes UN Access to Detention Sites Essential") [ID 17534]

Document(s): Open document

31.08.2006 - Source: Institute for War and Peace Reporting

Dagestan: Human rights activist Boliev harassed by police and accused of being a member of a bandit group; police reportedly tries to extract confessions from suspects, often by brutal methods ("Forced Confessions Claims") [ID 16951]

Document(s): Open document

23.05.2006 - Source: Amnesty International

Former Guantánamo prisoner Rasul Kudaev reportedly tortured in detention following raid in Nalchik on 13 October 2005 ("Annual Report 2006") [ID 15381]

"Former Guantánamo prisoner Rasul Kudaev was detained on 23 October by law enforcement officials at his home in Kabardino-Balkaria and taken to the headquarters of the Organized Crime Squad in Nalchik, where he was reportedly tortured, before being transferred to a pre-trial detention centre. He remained in detention at the end of the year, charged with terrorism-related offences. His mother was unable to visit her son or pass on to him sufficient medication for his serious health conditions, which according to the family had rendered him bed-ridden. A lawyer who had tried to complain about his treatment was suspended from the case and replaced with another state-appointed lawyer, a move thought to be against Rasul Kudaev’s wishes."

Document(s): Open document

21.03.2006 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Addendum to the report of the Special Rapporteur on torture and other cruel, inhuman or degradig treatment or punishment, Manfred Nowak, on his visits to the respective countries ("Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak - Follow-up to the recommendations made by the Special Rapporteur: Visits to Azerbaijan, Brazil, Cameroon, Chile, Mexico, Romania, the Russian Federation, Spain, Turkey, Uzbekistan and Venezuela [E/CN.4/2006/6/Add.2]") [#47790], [ID 11186]

Document(s): Open document

08.08.2005 - Source: World Organisation Against Torture

Ivanovo: At least 3 of 14 Uzbek citizens arrested and detained since June 18, 2005 by Russian Secret Services, have been tortured ("Russia: Arbitrary arrests and detentions of 14 Uzbek citizens; alleged acts of torture") [#35392], [ID 11189]

Document(s): Open document

08.2005 - Source: Freedom House

Police torture remains widespread; electric shocks, choking and severe beatings among the methods ("Freedom in the World 2005") [#41473], [ID 11188]

"Critics charge that Russia has failed to address ongoing problems, such as the widespread use of torture and ill-treatment by law enforcement officials to extract confessions, and that the courts will be unable or unwilling to handle their expanded duties. In June 2004, Vladimir Lukin, the legislature’s human rights ombudsman, reported that police are guilty of widespread rights violations. “The most impermissible means of influence are used in temporary holding cells and police offices,” Lukin charged. Among the “means” cited in his report were electric shock, choking, and severe beating."

Document(s): Open document

20.07.2005 - Source: Prima News

According to survey, majority of Russians fears arbitrariness of country’s law enforcement bodies; torture widespread ("Torture in Russia") [#34373], [ID 11190]

Document(s): Open document

18.07.2005 - Source: Amnesty International

Ivanovo: At least 3 of 14 ethnic Uzbek men currently detained in Ivanovo tortured by electric shocks while being questioned at offices of Organized Crime Squad ("Russian Federation - Further Information on UA 180/05") [#34324], [ID 11191]

Document(s): Open document

03.06.2005 - Source: Council of Europe - Parliamentary Assembly

Police raids in Blagoveschensk; more than 400 people in hospitals; special forces were previously stationed in Chechnya ("Honouring of obligations and commitments by the Russian Federation [Doc. 10568]") [#32710], [ID 11192]

"289. We are extremely alarmed by the violent events, which took place in Blagoveschensk (Bashkortostan) from 10 to 14 December 2004. As many as 1,000 people, predominantly men between 14 and 30 years old, were arrested by the police, many were beaten, and there were also reports of torture and rape. Of the more than 400 people, who showed up at local hospitals, the majority had severe bruises, while many had sustained concussions or fractures. According to the official version, the reason for this large-scale operation was an alleged assault on interior employees a few days before the raids. Seven high-ranking city police officers have been reprimanded, and the deputy head of the local police, along with members of the special forces unit (OMON) involved in the raid, have been demoted. Later, 6 junior police officers were charged with "exceeding powers of office with application of force". The Federal Ombudsman and human rights activists called for the dismissal of Bashkir Interior Minister who personally issued the order to deploy the OMON unit in the city.

290. We share the concern expressed by the Sub-Committee on Human Rights of the Assembly's Legal Affairs and Human Rights Committee in its statement of 27 January 2005 which denounced the events in the city of Blagoveshchensk on 10 to 14 December 2004 as a "terrifying example of the spread of the climate of impunity in the Chechen Republic to other regions of the Russian Federation". Such a conclusion originates from the fact that the raids were conducted, along with the local police, by city of Ufa Special Forces (OMON) detachment, which previously was stationed in Chechnya.

291. We therefore, urge the Russian authorities to secure prompt, impartial, and full investigation into all allegations of torture, prosecution, and punishment of those responsible (in particular, with regard to the events in Blagoveschensk) and to improve the control over law enforcement bodies."

Document(s): Open document

03.06.2005 - Source: Council of Europe - Parliamentary Assembly

Amendments to the Criminal Code with a the definition of "torture", but reports on widespread practice of tortures and ill treatment by law enforcement bodies ("Honouring of obligations and commitments by the Russian Federation [Doc. 10568]") [#32710], [ID 11193]

"282. We welcome the December 2003 amendments to the Russian Federation Criminal Code which introduce the definition of "torture" in the criminal legislation161. We hope that this will result in the increase of those charged with the infliction of torture (Article 117 of the Criminal Code) and not excess of power (Art. 286) or coercion to testifying (Article 302), both of which provide for lower penalties.

283. On 10 July 2003, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment issued a Public Statement (CPT/Inf (2003) 33) where noted that there is "continued resort to torture and other forms of ill-treatment by members of the law enforcement agencies and federal forces operating in the Chechen Republic and that the action taken to bring to justice those responsible is slow and – in many cases – ultimately ineffective". The allegations of ill-treatment received by the CPT concerned law enforcement establishments (Departments of Internal Affairs and certain Federal Security Service facilities) throughout the territory of the Chechen Republic and related to both official and unofficial places of detention. In the course of its visits to the Chechen Republic in 2002 and 2003, the CPT has gathered a considerable amount of information pointing to human rights violations during special operations and other targeted activities conducted by federal power structures, involving ill-treatment of detained persons and forced disappearances.

284. More recently, in October 2004, the International Helsinki Federation for Human Rights released its report on the places of detention in the Russian Federation162. The IHF delegation observed a variety of conditions of detention in the Ministry of Justice facilities ranging from satisfactory to inhuman. It commended the efforts of the Moscow Penitentiary Department to improve the conditions of detention in the pre-trial detention facilities for juveniles and women. These efforts resulted in a significant improvement of the conditions in these facilities over the past three years. At the same time the delegation found that Russian law and policy need further substantial reforms in order to reach the level of full compliance with international standards for the treatment of prisoners. The conditions of detention of the prisoners sentenced to life imprisonment amounted to inhuman treatment.

285. Russian human rights NGOs and mass media report about numerous cases of tortures and ill treatment inflicted by the Russian law enforcement agencies. They include use of physical and psychological violence during arrest, detention, and interrogation of a suspect163. Most recently the Moscow-based Committee for Human Rights presented a report with a list of more than 500 complaints of police brutality from the Moscow region alone over the last two years164.

286. One of the reasons of the widespread practice of tortures and ill treatment by law enforcement bodies appears to be the need to come up with "good" crime clearance statistics. Therefore the police and other law enforcement officers usually use violence in order to obtain confessions or information on accomplices, etc. The roots of this malpractice can be found in the law enforcement bodies and their employees' activity appraisal system that is based on quantitative data of the proportion of solved crimes to those registered165. Another reason is a low legal culture and lack of proper education of the employees.

287. According to human rights NGOs166, ill-treatment by the police is reinforced by the weak system of control, both internal and external. The Ministry of Interior's Service of Internal Security, established in 1995, lacks sufficient staff and resources. It is also subordinated to the same commanders as the police, most of its staff being recruited among the police officers.

288. The prosecutor's office, responsible for exerting oversight over the law enforcement bodies, also seems not to be efficient in dealing with cases of torture and ill-treatment for several reasons. Investigation of ill-treatment complaints is carried out by the prosecutor's office of the district where the alleged ill-treatment was committed. At the same time, prosecutors and police officers of one district usually closely co-operate with each other while investigating crimes, thus establishing close working and personal ties which hampers the impartiality of the prosecutors. Furthermore, local prosecutor's offices often lack necessary technical and human resources to investigate all complaints, including cases of torture. That is why prosecutors often delegate the investigation of such cases to the local police departments where the alleged ill-treatment was reported."

Document(s): Open document

19.05.2005 - Source: International Helsinki Federation for Human Rights

Growing number of complaints about torture and ill-treatment by law enforcement authorities ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2005 (Events 2004)") [#32117], [ID 11194]

"Human rights organizations reported receiving a growing number of complaints about torture and ill-treatment by law enforcement authorities. Complaints were received from across the country.
According to the Ministry of Internal Affairs, 1,058 law enforcement officials were brought to court for allegedly using abusive practices during the first six months of 2004. The number of cases grew by 30% as compared to the same period in the previous year.
However, attitudes toward abusive practices remained largely tolerant and many abuses were never investigated or prosecuted. According to the MHG, the fact that prosecution authorities were in charge both of the investigation of complaints about police abuse and the investigation of criminal cases contributed to a widespread climate of impunity. As prosecution authorities were primarily interested in successfully prosecuting crimes, they often chose to condone abusive police practices. There were also reports of cases where prosecutors participated in torturing suspects for the purpose of obtaining confessions. Moreover, the MHG regretted that courts often did not deal adequately with complaints of torture by defendants, but rather dismissed such complaints as an attempt to avoid liability. When law enforcement officials were convicted of abusive behavior, sentences were typically lenient.
During the year, a survey was conducted among 619 ambulance and trauma station physicians and paramedics in 42 Russian cities, including Moscow and St Petersburg. More than 70% of those surveyed were of the opinion that police violence against detainees is a serious problem. Forty-three percent of those interviewed claimed that police use physical violence against detainees “rather often” and 45% said that they had been asked to treat detainees with injuries that appeared to have been inflicted by law enforcement authorities. The survey results also indicated that most victims of police abuse were male members of socially vulnerable groups, such as drunks, homeless people and ethnic minority members, and that most cases of abuse took place at the time of detention.
[...]
The conflict in Chechnya contributed to growing brutalization among law enforcement authorities in other parts of Russia. In a system of rotation, policemen from different Russian regions were sent to serve in Chechnya for periods of six months. During their time in Chechnya, these officers learned arbitrary and violent practices that they often replicated upon their return to their home cities.
About one fourth of all cases involving Russia that had been admitted by the ECtHR at the end of 2004 concerned behavior by Interior Ministry officials that allegedly violated article 3 of the European Convention on Human Rights (ECHR), which prohibits torture, ill-treatment and other inhuman and degrading treatment."

Document(s): Open document

19.05.2005 - Source: International Helsinki Federation for Human Rights

Arbitrary arrest and use of force during Police raids in Blagoveshchensk and Irkutsk ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2005 (Events 2004)") [#32117], [ID 11195]

"At the end of the year, a serious case involving arbitrary arrest and the use of force by law enforcement authorities took place in the city of Blagoveshchensk in the Republic of Bashkortostan.
• On 10-14 December, an OMON brigade, assisted by the local police, carried out a mass raid in Blagoveshchensk and nearby settlements in the Republic of Bashkortostan. The raid was purportedly initiated in response to an incident in the city a few days earlier in which three police officers were attacked by a group of teenagers. During the raid, masked troops armed with clubs arbitrarily detained local residents in the street, market places, discos, bars, cafes, hostels and other public places. Those who showed resistance were beaten up on the spot, while others were brought to the District Department of Internal Affairs, where they were physically assaulted before being released. Some people were reportedly detained and abused several times. According to human rights activists, at least 1,000 local residents were victims of police abuse during the raids and more than 250 people needed treatment in hospital. A subsequent public investigation into the events concluded that the police operation was warranted, but identified some shortcomings in its implementation. Two high-ranking police officials were demoted, while a third one received a written reprimand. The public prosecutor of Blagoveshchensk was forced to resign for failing to promptly respond to complaints about the operation. By February 2005, a total of seven local police officers had been charged with exceeding their authority and abuse of power, and it was announced that another two would be charged once they had been released from hospital. As of this writing, investigations continued. Human rights activists deplored the fact that they had faced resistance from authorities in their efforts to look into the events and demanded that those officials who had ordered the raid be held criminally responsible.
The MHG described the Blagoveshchensk events as the worst “mass violation of human rights anywhere in Russia outside Chechnya.” However, it also noted that similar incidents took place in other parts of the country, although their scale was more limited. The following is an example of such a case:
• On 14 February, masked police troops armed with machine guns reportedly stormed a dance club in the Angarsk district of the city of Irkutsk. Young people present at the club were forcefully arrested and brought to a local police station, where they were beaten with gun butts and clubs and placed in detention wards that were filled with gas. Police also took their fingerprints and pictures. During the evening, police reportedly made several visits to the club to arrest new groups of teenagers. Local residents were outraged by the incident, and some of the young people targeted during the raid reportedly required psychological assistance because of the trauma they had suffered. No effective investigation into the case was reportedly undertaken."

Document(s): Open document

10.11.2003 - Source: Prima News

Alexander Yazovskiy beaten and tortured by militamen; prosecutor’s office brought the case before the court ("Case about torture by militia heard") [#17620], [ID 11198]

"According to the victim Alexander Yazovskiy, on the night of 13 March 2003 a group of drunk militiamen broke into his house; they carried out a search without warrant and took himself and his fiancée to the local militia department. Once there, Alexander was beaten, his nose was broken; the militiamen tortured him using electricity, suffocated him with a gas mask on and threatened to gang rape his fiancée if he didn’t agree to confess to twenty crimes. When they realised that they were unable to make Mr. Yazovskiy confess to the crimes he hadn’t committed, they released him giving him a ‘good advice’ not to tell anyone about what happened in the militia department. But Mr. Yazovskiy wrote to the regional Main Directorate for Internal Affairs and to the prosecutor’s office. The victim’s account of events is supported by the evidence from eye-witnesses who had seen Alexander leave for militia department healthy and come back injured, and also other facts. Prosecutor’s office recognised the fact of torture and brought the case before the court."

Document(s): Open document

07.11.2003 - Source: International Helsinki Federation for Human Rights

The new Criminal Procedure Code does not provide for adequate measures to protect persons who file complaints about torture or ill-treatment, nor does it adequately protect witnesses from persecution by the perpetrators ("Torture and Inhuman or Degrading Treatment or Punishment") [#17377], [ID 11199]

"In addition to the above, the new Criminal Procedure Code does not provide for adequate measures to
protect persons who file complaints about torture or ill-treatment, nor does it adequately protect
witnesses from persecution by the perpetrators. In practice, torture victims and witnesses are subjected
to pressure and, in a number of cases, to direct violence. Prisoners who complain about torture and
cruel treatment find themselves in an especially difficult situation, as during the investigations they
must remain in the very facility where they have been abused. As a result of insufficient protection,
victims and witnesses often end up withdrawing their complaints, a fact which only adds to an
atmosphere of impunity."

Document(s): Open document

07.11.2003 - Source: International Helsinki Federation for Human Rights

First step for better safeguards to prevent undertaken: draft legislation making torture a criminal offence under Article 117 passed by the State Duma ("Torture and Inhuman or Degrading Treatment or Punishment") [#17377], [ID 11200]

"On 19 March 2003, the Russian State Duma passed in the first reading draft legislation amending the
Criminal Procedure Code of the Russian Federation, thereby making torture a criminal offence under
Article 117. If the amendment is adopted in the fall session of the Duma and enforced, it will provide
for better safeguards to prevent torture."

Document(s): Open document

07.11.2003 - Source: International Helsinki Federation for Human Rights

Torture, ill-treatment and inhuman and degrading treatment are commonly employed in order to get a confession to a crime ("Torture and Inhuman or Degrading Treatment or Punishment") [#17377], [ID 11201]

"Torture, ill-treatment and inhuman and degrading treatment are commonly employed in order to get a
confession to a crime. Most frequently, such methods are used before the official interrogations begin
within the framework of the so-called “operative-investigative activity” (ORD). ORD basically entails
collecting information about the criminal and the crime. By law, its outcome may not serve as
evidence, but can only help law enforcement agencies to identify and obtain evidence. However, in the
course of ORD, law enforcement officials frequently subject an individual to torture or ill-treatment in
order to obtain information about accomplices and possible traces of the crime, location of property
appropriated in an unlawful fashion, etc. ORD is always conducted secretly: the methods used are not
published and they are practically outside of the court control. In addition, the criminal procedure law
does not apply to ORD, meaning that the subject of ORD does not have the right to be represented by
an attorney and does not enjoy any other rights provided by the Criminal Procedure Code to suspects
and defendants. After having received the necessary information through ORD, law enforcement
officers usually conduct official investigative actions such as searches, interrogations, etc. which are
formally in compliance with the requirements of the procedural law."

Document(s): Open document

07.11.2003 - Source: International Helsinki Federation for Human Rights

Reasons for spread fo torture is said to be the insufficient professional training of law enforcement officials as well as impunity ("Torture and Inhuman or Degrading Treatment or Punishment") [#17377], [ID 11202]

"Torture and cruel and degrading treatment continue to be among the most serious human rights
violations in the Russian Federation. One of the reasons for the spread of this practice is said to be the
insufficient professional training of law enforcement officials. As a result of poor professional skills,
they easily resort to torture and ill-treatment in order to get “results.” The situation is made worse
because it is clear that law enforcement agents are not held fully accountable for such abuses, either in
theory or in practice."

Document(s): Open document

07.11.2003 - Source: International Helsinki Federation for Human Rights

Torture, ill-treatment and inhuman and degrading treatment are commonly employed in order to get a confession to a crime. Most frequently, such methods are used before the official interrogations begin within the framework of the so-called “operative-investigative activity” (ORD) ("Torture and Inhuman or Degrading Treatment or Punishment") [#17377], [ID 11229]

"Torture, ill-treatment and inhuman and degrading treatment are commonly employed in order to get a
confession to a crime. Most frequently, such methods are used before the official interrogations begin
within the framework of the so-called “operative-investigative activity” (ORD). ORD basically entails
collecting information about the criminal and the crime. By law, its outcome may not serve as
evidence, but can only help law enforcement agencies to identify and obtain evidence. However, in the
course of ORD, law enforcement officials frequently subject an individual to torture or ill-treatment in
order to obtain information about accomplices and possible traces of the crime, location of property
appropriated in an unlawful fashion, etc. ORD is always conducted secretly: the methods used are not
published and they are practically outside of the court control. In addition, the criminal procedure law
does not apply to ORD, meaning that the subject of ORD does not have the right to be represented by
an attorney and does not enjoy any other rights provided by the Criminal Procedure Code to suspects
and defendants. After having received the necessary information through ORD, law enforcement
officers usually conduct official investigative actions such as searches, interrogations, etc. which are
formally in compliance with the requirements of the procedural law."

Document(s): Open document

01.07.2003 - Source: Frankfurter Rundschau

Russian police accused of serious ill-treatment by the European Council ("2003-07-01 - Frankfurter Rundschau Online") [ID 11204]

"STRASSBURG, 30. Juni (kna). Schwere Vorwürfe gegen Russland hat das Anti-Folter-Komitee des Europarates erhoben. Ein Bericht des Komitees spricht von einer beunruhigenden Zahl von Beschwerden über körperliche Misshandlungen durch die russische Polizei. Das Komitee appellierte an die russischen Behörden, ihre Polizeikräfte auf das Verbot von Misshandlungen nachdrücklich hinzuweisen. Es sei zu begrüßen, dass inzwischen neue Gesetze den Zugang der Inhaftierten zu Rechtsanwälten erleichterten, betont das Komitee. Allerdings fehle es an einer Garantie dafür, dass Häftlinge Zugang zu einem Arzt erhielten, heißt es in dem Bericht, der am Montag in Straßburg vorgestellt wurde. Der Report beklagt zudem die Haftbedingungen in vielen Gefängnissen.

Es ist das erste Mal, dass die Moskauer Regierung dem Anti-Folter-Komitee gestattet hat, einen solchen Bericht zu veröffentlichen. Seit 1998 hatte das Komitee elf Besuche in Russland gemacht, nur die Ergebnisse der Delegationsreise von Dezember 2001 sind nun öffentlich zugänglich. Die Berichte des Anti-Folter-Komitees sind grundsätzlich vertraulich und dürfen nur mit Erlaubnis der betroffenen Regierung publik gemacht werden."

Document(s): 2003-07-01 - Frankfurter Rundschau Online

30.06.2003 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Report on torture/ ill treatment, safeguards against ill treatment, conditions of detention, health-care issues (transmissible diseases; psychiatric and psychological care) ("Report to the Russian Government on the visit to the Russian Federation carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 2 to 17 December 2001 [CPT/Inf(2003) 30]") [#13944], [ID 11203]

Document(s): Report
Report Government response [CPT/Inf(2003) 31] Government response [CPT/Inf(2003) 31]

14.01.2003 - Source: Human Rights Watch

Human Rights Watch: Only few police officers prosecuted for torture ("World report 2003") [#10300], [ID 11205]

"The government again failed to adopt a comprehensive plan to address police torture. It also blocked attempts by several lawmakers to define torture as a distinct crime in the criminal code, and to introduce a draft law allowing for unannounced inspections of detention facilities by independent monitors. A coalition of Russian nongovernmental organizations stated in a May submission to the United Nations (U.N.) Committee against Torture that they continued to receive numerous credible complaints about torture and ill-treatment at police precincts, and argued that the courts continued to rely heavily on such evidence; that the procuracy did not duly investigate allegations of torture and prosecuted few police officers for it; and that victims did not receive proper redress."

Document(s): Open document

15.10.2001 - Source: UN Committee Against Torture

UN Committee against Torture: Widespread torture and other cruel, inhuman or degrading treatment or punishment of detainees committed by law enforcement personnel ("Consideration of Reports submitted by States Parties under Article 19 of the Convention; Third periodic reports of States parties due in 1996; Addendum; Russian Federation [CAT/C/34/Add.15]") [#37537], [ID 11207]

"3. The Committee notes the following positive developments:
(d) Measures introduced to improve conditions of detention in prisons and to reduce overcrowding;



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;
[...]
(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.
[...]
(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."

Document(s): State report
Concluding observations of 6 June 2002 [CAT/C/CR/28/4]