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Report No. 273

(iii) Russian Federation

2.28 The Russian Federation is a party to the CAT, and to the ICCPR and its first Optional Protocol. Both these treaties prohibit the use of torture and other cruel, inhuman or degrading treatment or punishment. Article 21 (2) of the Russian Constitution, 1993 provides that "no one shall be subjected to torture, violence or other cruel or degrading treatment or punishment. No one may be subjected to medical, scientific or other experiments without voluntary consent".

2.29 The Russian Federation ratified the ECHR in May 1998. In 2002 the Court found violations of the right to life (Art. 2), of the right to fair trial (Art. 6), of the prohibition of torture and inhuman or degrading treatment (Art. 3), of the right to liberty and security of the person (Art.5), of the right to respect for private and family life, home and correspondence (Art. 8), of the freedom of expression (Art. 10), of the right to effective remedy (Art. 13), and of the obligation to cooperate with the Court (art. 38).35

2.30 In January 2003, the European Court admitted the applications concerning human rights violations in Chechnya. The applicants alleged that the Russian military violated their rights in the course of military operations in Chechnya in 1999-2000. In 2005, the Court in few cases36 found that the Russian Federation had violated Articles 2 (right to life), 3 (prohibition of torture and inhuman or degrading treatment), and Article 13 (right to an effective remedy) of the European Convention on Human Rights and Article 1 of Protocol No. 1 to the Convention (protection of property).

2.31 Judgments in cases37 from Chechnya and other North Caucasus Republics, brought by Russian Justice Initiative and others, have since contributed to clarifying important issues such as what constitutes inhuman treatment of relatives, under what circumstances it is possible to hold that a disappearance is a violation of the right to life, and the obligations of a respondent state when it comes to cooperating with the Court.

Implementation of United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment through Legislation Back

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