A/HRC/16/48
According to those articles no person can be retained, arrested or deprived of liberty or
submitted to any form of restraint of his/her individual freedom except according to the
cases and conditions stipulated by the law; if a person subject to confinement measures, to a
decision of hospitalization or any other measure aimed at restraining the individual freedom
considers that the measure is illegal, he/she has the right, during the entire proceedings of
the criminal trial, to address the competent instance, according to the law; any person, who
during a criminal trial, has been illegally or unjustly deprived of his/her freedom or whose
freedom has been restrained, has the right to effective remedy, as stipulated by the law.
402. Any person who was deprived of liberty, during or following a criminal trial, or
whose liberty was restrained, illegally or unjustly, is entitled to reparation of the damages,
under the conditions stipulated by the law. The victim may decide to request financial
compensation and medical or social assistance borne by the State. The civil cause may
develop in parallel with the criminal trial.
403. Regarding the access to detention places by public authorities, the Government
stated that, according to national legislation pre-trial detention during the criminal
procedure is under the authority of the Ministry of Administration and Interior (MAI),
while during the proceedings before the court and after a final decision has been established
by the court, the detainees are in the custody of the National Administration of
Penitentiaries, under the authority of the Ministry of Justice and Freedoms (MJLC).
Observations
404. The Working Group notes that the Government has signed the International
Convention for the Protection of All Persons from Enforced Disappearance and calls upon
the Government to ratify it and accept the competence of the Committee under articles 31
and 31.
Russian Federation
Cases transmitted to the
Government during the period
under review: 1
Cases clarified during the period
under review: 1
Number of
outstanding
cases at the
beginning of
the period
under review
Cases sent under Cases sent
the urgent action under the
procedure
standard
procedure
Government
Non-governmental
sources
467
1
1
0
0
Number of
outstanding cases
at the end of the
year under review
467
Number of cases on which the
Government has replied
Multiple replies on some cases
Number of cases of possible clarification
by Government (6-month rule)
10
0
Yes
Urgent appeal
N/A
Government response
N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
Yes
Government response
None
91
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