SOME ISSUES OF PROCEDURAL CONSOLIDATION OF EVIDENCE IN THE INVESTIGATION OF TORTURE IN THE PENITENTIARY SYSTEM
DOI:
https://doi.org/10.52026/1994-408X_2020_62_4_96Keywords:
torture, convicted person, ill-treatment, security, investigation of torture, penitentiary systemAbstract
The article deals with the implementation of the principles of criminal procedure that ensure the personal rights of participants in criminal proceedings, when checking reports of criminal offenses related to torture and other types of cruel, inhuman or degrading treatment or punishment. Recommendations are given on the organization of initial investigative actions, as well as the specifics of documenting torture in the penitentiary system. The reasons for the low efficiency and quality of investigation of such cases are late registration in the Unified register of pre-trial investigations, lack of rapid response and recording of traces of offenses at the initial stage. In cases of torture, there is always a need for urgent investigative actions. When an application is submitted for investigation, it takes from 1 to 3 days, and during this time important evidence of torture may be lost or destroyed. On the basis of this study the broader practice of the supervising prosecutors conducting the initial investigation, and only after that the transfer to other bodies to amend part 13 paragraph 8 of branch instructions on the organization of Prosecutor's supervision of legality of execution of criminal sanctions and application of other measures of state coercion. The collection of evidence in cases of torture in institutions of the penal correction system is a certain complexity, since institutions are regime objects that exclude the presence of outsiders who may be witnesses to the use of torture, victims, in matters of promotion and punishment, as well as parole, convicts are dependent on suspected employees of Institutions.
The majority of suspects employees of Institutions, have a legal education and relevant experience that allows them to take measures to conceal traces of torture or disguise them as legitimate actions. They also consider the procedure for ensuring security measures against participants in criminal proceedings in cases of torture against convicted persons.