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Urgent campaigns / Urgent Interventions / Russian Federation / 2012 / April

Russian Federation: Letter to the Investigative Committee

​Dear Mr Bastrykin,

This letter is sent on behalf the International Rehabilitation Council for Torture Victims (IRCT), the World Organisation Against Torture (OMCT) and REDRESS. We are writing to you in relation to the ongoing process of establishing a subdivision within the Investigative Committee of the Russian Federation to investigate crimes committed by officers of law enforcement agencies.

We are familiar with the work carried out by our Russian partner organisation, the Interregional Committee Against Torture, and their own partners in Russia, to ensure access to justice for persons who have been tortured or ill-treated by law enforcement officers. In the face of persistent allegations of torture and ill-treatment of persons in detention in Russia, we commend your recent initiative. Establishing a Subdivision, which will be solely focused on investigating complaints of crimes committed by officers of law enforcement agencies, is a welcome first step in ensuring that such investigations are prompt, independent, impartial and effective.

However, it is crucial that the structure, procedures, practical functioning, and quality control of the Subdivision’s work, promote an environment in which investigations are truly prompt, independent, impartial and effective.

In this context, we would like to express our strong support for the proposals made by a group of Russian NGOs (Committee against Torture, Public Verdict Foundation, Agora, “GROZA” Movement, and Youth Human Rights Movement), which have been submitted to you. The proposals are based on the many years of experience of the organisations involved and they are all important elements of ensuring that the Subdivision functions effectively. These include procedural control of decisions by the Subdivision not to initiate criminal proceedings; independent monitoring of the Subdivision’s work; and the implementation of international standards for effective investigation. We encourage you to ensure that these proposals are fully implemented and that a broad range of relevant national NGOs are continuously involved in the process of establishing of the Subdivision and in the subsequent monitoring of its work.

The IRCT, the OMCT and REDRESS have many years of experience of documenting and pursuing torture cases around the world. This experience has shown that establishing a system that ensures prompt, independent, impartial and effective investigations of torture, ill-treatment and other crimes committed by law enforcement agencies is a continuous work in progress. The new body should be truly independent, which requires the absence of a hierarchical or institutional connection with the alleged perpetrators, both in its institutional set-up and in practical terms. The body should also be sufficiently resourced to conduct effective investigations in line with internationally recognised best practices, particularly the Istanbul Protocol on the documentation and investigation of torture, and be accessible for victims of violations. Setting up such an independent mechanism should assist the Russian Federation to begin the process of discharging its obligation under international law to investigate torture and other serious human rights violations. The next step of course would be to ensure that the mechanism itself is allowed to, and functions in a way that, ensures that all credible allegations are appropriately followed up. 

We therefore encourage the Investigative Committee of the Russian Federation to establish an independent monitoring mechanism, which will keep the work of the Subdivision under regular review and make the necessary adjustments to ensure its continued effective functioning. The IRCT, the OMCT and REDRESS would also like to take this opportunity to offer our expertise within the area of torture documentation as well as standards and practices relating to the investigation of torture should this be needed in connection with the establishment and development of the work of the Subdivision.

Yours sincerely,

Brita Sydhoff

Secretary General, IRCT

Gerald Staberock

Secretary General, OMCT

Carla Ferstman

Director, Redress

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Date: April 19, 2012
Activity: Urgent campaigns
Type: Urgent Interventions
Country: Russian Federation
Subjects: Justice system, Torture and violence

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