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E/CN.4/2006/6/Add.2 page 52 jours. L'Avocat du Peuple peut saisir le Gouvernement pour tout acte ou fait administratif illégal émanant de l'administration publique centrale et des préfets. Le Parlement est averti, dans un délai de 20 jours maximum, si le Gouvernement ne prend pas les mesures nécessaires concernant l'illégalité des actes ou des faits administratifs. Par ailleurs, la direction des pénitenciers, des centres de rééducation pour mineurs, des hôpitaux pénitentiaires de même que le Ministère Publique et les organes de police sont obligés de permettre, sans aucune restriction, aux personnes purgeant la peine de prison où se trouvent arrêtés ou détenus, ainsi qu'aux mineurs se trouvant dans les centres de rééducation, de s'adresser par tout moyen à l'Avocat du peuple en ce qui concerne la lésion de leurs droits et libertés, à l'exception des restrictions légales. Dans le cas où l'Avocat du peuple constaterait que la demande pour laquelle il a été saisi est de la compétence de l'autorité juridictionnelle, il peut s'adresser au Ministre de la Justice, au Ministère Public ou au Président de l'instance de jugement, qui sont obligés de lui communiquer les mesures prises. Russian Federation Follow-up to the recommendations made by the Special Rapporteur in the report of his visit to the Russian Federation in 1994 (E/CN.4/1995/34/Add.1, paras. 77-86). 249. By letter dated 17 October 2005, the Government provided information on the follow-up measures taken. 250. Recommendation (a) stated: The Special Rapporteur believes that only by adopting at once the following recommendation can the Government of the Russian Federation begin to discharge the responsibility of the Russian State to those within its jurisdiction under its own law and under international law to prevent torture or cruel, inhuman or degrading treatment or punishment. He, therefore, appeals to the Government of the Russian Federation to remove from confinement in centres of detention on remand (isolators) all 71,000 detained in excess of the officially proclaimed capacity of existing institutions. 251. According to information received from NGOs, the Russian authorities failed to comply with the Special Rapporteur’s recommendation on immediate release of the 71,000 detained in excess of capacity of existing remand prisons. However, as of today, the Russian Federation has implemented a number of programmes aimed at reducing the number of individuals held in pretrial detention facilities (SIZO). The development and adoption of such measures have been greatly facilitated by the active position of the Head Department of the Penitentiary (GUIN), which in 1996 was transferred from the Ministry of Interior (MVD) to the Ministry of Justice. NGOs also stress the need for measures to reform temporary holding facilities (IVS), which have to be distinguished from SIZOs. Whereas the latter are under the authority of the Ministry of Justice, the former are under the Ministry of Interior. The Government replies (e.g. E/CN.4/2005/62/Add.2) cover only the situation in SIZOs. IVSs are closed institutions where people detained at the scene of the crime or suspects may be held. According to the Russian legislation, minors can be placed in such centres as well. There are separate IVSs for minors and adults, woman and men. As a rule, there are no exercise facilities in such institutions. IVSs are not equipped with kitchen facilities or showers. Persons held in IVSs do not receive bed sheets. The period of detention in such institutions may in principle not exceed three days, but can be extended to 10, and in exceptional cases to 30 days. A person held in an IVS is either released or
E/CN.4/2006/6/Add.2 page 53 transferred to a SIZO depending on the decision of a public prosecutor. An accused can be also transferred from a SIZO to an IVS for further investigation or trial. The number of people held in IVSs has risen from 4 million to more than 5 million persons in the period from 1995 to 2000. Since the Ministry of Justice determines the limit of places in SIZOs, IVSs become “a buffer zone” where prisoners can be held. For example, on many occasions, SIZOs refused to accept persons with signs of beatings arriving from IVSs (where the level of violence including applying torture in order to obtain confessions is extremely high). IVSs are also closed to public inspectors. Furthermore, since the Special Rapporteur’s visit, the authorities have taken virtually no measures to prevent violence against detainees in police stations and IVSs. Human rights NGOs have received hundreds of documented cases of police torture and abuse. A review of these cases leads to the conclusion that police officers generally use violence against detainees to force confessions or to facilitate their investigations. In some documented cased, the police have used violence to pressure witnesses, to discourage detainees from filing a complaint against police, or to extort money. Detainees are most often abused in police station rooms. Interviews of police officers in 10 regions confirmed the use of abusive practices. Some of the interviewed police officers confessed that they themselves use violence against people in custody. A review of cases brought to NGOs also showed that ill-treatment of detainees is often facilitated by falsified entries in custody registers. In most cases under review, police either failed to produce any detention record in the custody log or logged a criminal suspect as an administrative offender, thus automatically denying him access to legal counsel and other safeguards provided by the criminal procedure. Measures that need to be taken include increased financial and human resources available to the police force. At the same time, strict supervision over police conduct must be introduced. Currently, the only available form of such supervision is prosecutorial oversight, however, NGOs’ reviews of prosecutorial inquiries and investigations into reports of police brutality strongly suggest that prosecutorial involvement has been less than effective. In most cases, prosecutors have failed to collect evidence, but also create unnecessary delays in the investigation process. As a result, perpetrators of torture or ill-treatment go unpunished, while victims are denied any effective remedy. The failure of prosecutors to investigate police abuse, according to the Presidential Human Rights Commission, is caused by the prosecutors’ conflict of interest; to work with law enforcement to combat crime. In order to improve the situation, an impartial investigative body should be set up to look into reports of torture, cruel and degrading treatment by police. 252. Recommendation (b) stated: This recommendation should be put into effect by Presidential Decree if necessary. It could probably be achieved by ordering the release pending trial of all non-violent first-time offenders, any remaining overcrowding could be eliminated by opening up, on a temporary basis, indoor stadiums or other comparable public places, and transferring the excess population to such places. 253. In accordance with information received from NGOs, the situation with regard to overcrowding in SIZOs has stabilized. However, the conditions in places of deprivation of liberty are still not in conformity with international standards. Reconstruction takes a long time and as a whole does not change the situation. Besides, the conditions in SIZOs vary from region to region. Government statistics indicate that on average each person in a SIZO has at least 3.9 square meters of personal space, but this has no practical meaning because in SIZOs people are assigned to 14 different categories that have to be held separately (e.g. teenagers and women are held in relatively spacious cells, while detainees in other cells often do not even have their own bed). Consequently some isolators and cells are overcrowded by 1.5 times (e.g. in the Republics
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