Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
In 2010, in its fifth periodic report to the Committee against Torture, the Russian Federation stated:
1. Pursuant to Federal Act No. 162-FZ of 8 December 2003 amending the Criminal Code of the Russian Federation [(1996)], a note was added to article 117 of the Code containing the following definition of torture:
“The term ‘torture’ in the present article and other articles of the present Code shall be understood to mean the infliction of physical or mental suffering for the purpose of coercing the victim to provide testimony or to perform other actions contrary to his or her will, for the purpose of punishment or for other purposes.”
2. This amendment brought legal certainty with respect to the categorization of the aforementioned unlawful acts in cases involving the use of torture, and its content is in compliance with article 1 of the Convention [1984 Convention against Torture].
43. The adherence by Rwanda to fundamental principles of human rights, including through provisions of its internal law system, does not give room for derogation from guarantees offered to citizens of protection against acts of torture, even during exceptional circumstances such as internal political instability, war, state of emergency or any other situation. The fact that Rwanda has ratified the Convention against Torture and that it may be directly applied by internal courts is a further guarantee of non-derogation even in emergency situations. Authorization of torture in exceptional circumstances would be unconstitutional with regard to article 15 of the Constitution, which formally prohibits the use of torture in all cases.
[footnote in original omitted]