On November 18, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) issued a public statement addressing the persistent lack of cooperation with the Russian authorities, which is not true. Although Russia withdrew from the Council of Europe on March 16, 2022, it continues to comply with the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, which is open to non-member States.
Furthermore, the CPT’s public statement does not mention the fact that the Russian Federation has not been represented at the Committee since December 2023 because the Council of Europe has blocked the election of a new Russian representative at the CPT after the expiry of the previous representative’s term. The Council of Europe’s refusal to exercise its functions has not only infringed on Russia’s right of representation at the Committee, but has also undermined the Convention’s mechanism of mutual monitoring visits by states parties to verify compliance with international obligations under the anti-torture convention. Russia’s numerous requests for renewing its representation at the CPT have been disregarded, contrary to the principle of cooperation formulated in Article 3 of the Convention, which the Committee has accused Russia of violating.
Over the past two and a half years since Russia’s withdrawal from the Council of Europe, the CPT has expressed concern over detention conditions in Russia twice: in connection with Alexey Navalny in February 2024, and following the tragedy at Crocus City Hall in March 2024, which shocked the nation. In the latter instance, the CPT expressed concern over the alleged mistreatment of the detained terrorists, although its mandate does not stipulate the investigation of individual cases or any investigative functions.
The choice of these politically charged and controversial issues was designed to indicate willingness to resume cooperation, while actually it was aimed at using the CPT as yet another instrument in Strasbourg’s anti-Russia campaign, in violation of the Convention’s principles of the CPT’s independence and impartiality.
Moreover, the CPT’s expression of a desire to resume monitoring visits to Russia has been complemented with a request for some guarantees from the Russian authorities. However, the Committee’s public statement failed to mention that such guarantees were outside the framework of the Convention. In other words, the CPT has requested expanded privileges without attempting to resolve the issue with the restriction of Russia’s rights under the Convention.
In response to the CPT’s statements, Russia invariably indicated its readiness to resume constructive dialogue after the restoration of its right to be represented at the CPT in accordance with the Convention. We also pointed out the Committee’s choice of a confrontational posture and urged it to resume operation in keeping with the principles of the Convention.
We pointed out on numerous occasions that the Committee’s unwillingness to look for a way out of this situation runs contrary to the principle of cooperation formulated in Article 3 of the Convention.
As for the Committee’s blackmail regarding the publication of its reports regarding Russia, Article 11 of the Convention says that the information gathered by the Committee in relation to a visit and its consultations with the Party concerned shall be confidential, and that its reports can only be published at the request of the Party. According to the CPT’s distorted logic, readiness to publish these reports automatically “represents a sign of a government’s strength to promote the transparency and accountability of state officials.”
At the same time, the CPT has not found any serious violations during its visit to Ukraine in October 2023, although international human rights monitoring services reported numerous instances of illegal incarceration, torture, intimidation, inhuman treatment and sexual abuse, including with the purpose of extorting coerced confession or cooperation.
Russia remains committed to its international obligations in the sphere of human rights. It remains a party to a number of key treaties and protocols to them that stipulate the state party’s agreement to have individual complaints considered by UN bodies, such as the Human Rights Committee, the Committee against Torture, the Committee on the Elimination of Discrimination against Women, and the Committee on the Elimination of Racial Discrimination. Russia’s withdrawal from the Council of Europe and its possible withdrawal from the Council’s other convention mechanisms will have no influence whatsoever on the standards of human rights in Russia.
