Klishas called Narusova's work on the draft law on punishment for torture “self-promotion”. Earlier, Narusova said that the Klishas bill prepared “in two weeks in the quiet of the offices” would not affect the situation with torture in Russia and would not work. The senator in response accused Narusova of self-promotion
Head of the Constitutional Committee of the Federation Council Andrei Klishas, in a conversation with RBC, responded to the words of Senator Lyudmila Narusova, who criticized the bill (one of the authors was Klishas), increasing the punishment for government officials for torture.
According to him, since March of this year, Narusova has been engaged in “ collecting proposals, in other words, doing self-promotion on a socially significant topic. '' “ When I asked for the bill in the first week of December, it turned out that there was nothing, no one had prepared the text, it was not sent either to the Supreme Court (which is mandatory under the Criminal Code) or to the government. Only conversations under the cameras for the media & raquo;, & mdash; Klishas said.
He said that he then wrote a draft law, which he sent for approval to the Supreme Court, the Cabinet, the Prosecutor General's Office and the office of the Ombudsman. The senator noted that he received positive conclusions, after which he agreed on the bill with the head of the State Duma Committee on State Building and Legislation, Pavel Krasheninnikov.
“ After that, Narusova suggested signing it and submitting it with us. Narusova began to shout that this was not her project, that she would not sign anything, and so on, '' & mdash; Klishas said, adding that Narusova turned to the Speaker of the Federation Council Valentina Matvienko to discuss this issue.
“ I said that the bill will be introduced in this form, it is agreed with everyone, edit it and re-launch all the approvals I won't. She can send her proposals to the Duma on her own or make amendments to our draft at the stage of the second reading, '', & mdash; said the senator.
According to him, “ no one has yet formulated a claim, except that they want a separate article. '' “ How it helps in solving the problem of torture, if the composition is in a separate article, no one can explain, '' & mdash; Klishas concluded.
On the afternoon of December 29, Narusova criticized Klishas's bill. Narusova recalled that she, together with Ombudsman Tatyana Moskalkova, had been preparing the appropriate amendments to the Criminal Code since 2018, and she was surprised by the introduction of a similar bill.
“ These kinds of projects should be done in close cooperation with people who have been dealing with this problem for many years, and not in two weeks in the quiet of offices, '' & mdash; the senator stressed. She added that, in her opinion, the amendments to the legislation developed by Klishas will not work in practice and will not change the situation.
“ On a positive note, we have a definition of torture. But, as always, there is also a small amendment in the application, which is very significant, in our opinion. For example, it is not torture to inflict pain and suffering that results from legal sanctions, is inseparable from those sanctions and/or is accidentally caused by them. What do you mean by chance? This is a loophole in order not to condemn those who use cruel torture, '' & mdash; declared Narusova.
The bill, sponsored by Klishas and Krasheninnikov, as well as Senator Vladimir Poletaev, was submitted to the State Duma on December 20. It provides a clearer and more detailed definition of torture in accordance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was adopted by a UN General Assembly resolution in 1984.
It also toughens punishment for government officials for torture used to coerce testimony or intimidation. The maximum prison sentence is increased from seven to 12 years. Also, this crime is transferred to the category of especially serious.
In addition, the bill introduces a new subject of the crime & mdash; law enforcement officers, which will make it possible to prosecute FSIN officers for torture. Now the legislation allows to prosecute investigators or interrogators for torture.
Human rights activists criticized the draft law. They considered that a separate article on torture was needed, according to which it would be possible to punish, among other things, the leadership of the body where they were used, and which would provide for criminal liability without a statute of limitations.
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