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Torture and ill-treatment
Olga Staroverova was four months pregnant in December
1999 when she was reportedly tortured by police with electric
shocks, beatings and cigarette burns. Her injuries and
subsequent miscarriage were officially recorded in a medical
statement, yet there has never even been an investigation
into her allegations of torture.
Anyone, even a child, who is taken into police custody
for questioning is at risk of torture and ill-treatment.
Such gross violations of human rights are widespread throughout
the country. One reason why these abuses are so persistent
is that those responsible usually get away with their
crimes.
People are at greatest risk of torture and ill-treatment
in police custody during the hours immediately after arrest,
before they are charged.
Methods of torture commonly reported include beatings,
electric shocks, rape, the use of gas masks to induce
near-suffocation, and tying detainees in painful positions.
The victims come from all walks of life, but members of
ethnic minorities and the poor are most at risk.
Torture and the law
The Russian Federation has promised to uphold numerous
international treaties that prohibit torture in all circumstances,
including the UN Convention against Torture. The Russian
Constitution states that international law takes precedence
over domestic law. Despite this, the courts adhere to
domestic law, which fails to criminalize certain acts
of torture set out in Article 1 of the UN Convention against
Torture. In February 2002 the Duma (parliament) voted
against amending the criminal code to include a specific
crime of torture.
Why torture happens
The poorly paid and inadequately trained police are under
pressure to obtain confessions quickly. The authorities
and society at large demand swift and tough action in
response to rising fear of crime.
There is little to dissuade police from using torture.
They often question suspects, including children, without
a lawyer or any other witness in the room. The law does
not require a lawyer to be present when a confession is
signed. Suspects are rarely offered a medical examination
before or after interrogation, and little is done to ensure
that detainees are informed of their rights or that the
constitutional requirement for a judicial review of detention
within 48 hours of arrest is enforced.
In court, judges often in effect reward the police for
their abuses by accepting confessions extracted under
duress as valid evidence and dismissing allegations of
torture out of hand.
| Prison conditions
Inmates of Women's Prison No. 15 in
Samara return to the prison from the
sewing factory where they work. Up to
a million men, women and children are
in prisons and pre-trial detention centres
in the Russian Federation, many held
in conditions that amount to cruel,
inhuman and degrading treatment. Conditions
are particularly harsh in the pre-trial
detention centres owing to chronic overcrowding.
Cells are filthy and pest-ridden, with
poor lighting and ventilation, and contagious
diseases are rife (over 100,000 inmates
have tuberculosis). Food and medical
supplies are inadequate and women are
reportedly not provided with sanitary
supplies. Prisoners are also beaten
and otherwise abused by guards and fellow
inmates. |
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No justice for the victims
Victims of torture rarely see justice done. Those who
wish to lodge complaints must turn to the procuracy. However,
the procuracy has had conflicting roles which has meant
in reality that most victims have been denied the right
to a fair and thorough investigation of their complaints
and, ultimately, to justice.
The procuracy has been responsible for ordering arrests
and pre-trial detention, conducting criminal investigations,
and bringing cases to court. It is also responsible for
ensuring that the rights and freedoms of suspects are
respected. In practice, the latter role is subordinated
to the first. There have been many allegations about collusion
between the police and the procuracy to secure convictions
using illegal means and to cover up complaints of torture
and ill-treatment.
A new Criminal Procedure Code (CPC), due to be introduced
on 1 July 2002, contains provisions that address some
of these problems, such as the removal of the procuracy’s
power to order pre-trial detention. However, it remains
to be seen what impact the new code will have in practice.
According to reports, only a small percentage of complaints
of torture and ill-treatment submitted to the procuracy
reach the courts. Most are rejected by the procuracy at
the initial, informal investigation stage.
Torturers can also get away with their crimes because:
• Some victims do not make complaints because they
do not know they can or because they fear retribution
if they do.
• Delays in the complaints procedures mean that
forensic and other evidence becomes unavailable or is
lost.
• Officers accused of torture or their colleagues
sometimes destroy or tamper with incriminating evidence.
• Witnesses as well as lawyers pursuing complaints
about torture sometimes face intimidation by police.
All these factors combine to create a climate of impunity
that allows torture to persist.
Some aspects of the new CPC may help to combat torture
if the code is implemented as promised. What is needed
is the political will to push through and monitor the
necessary reforms to laws and institutions to ensure that
the right of victims of torture and ill-treatment to an
effective remedy is fully respected in each and every
case.
Next: Chechnya
– human rights under attack 
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