Principles of Effective Investigation of Torture and Ineffective Practices of Russian Investigative Authorities

Abstract

This study provides the critical analysis of the practices of investigation of torture in police custody endorsed in the Russian domestic legal context. The analysis was made through the critical assessment of court cases against Russian Federation in which the European Court of Human Rights found the violation of Article 3 (Prohibition of torture) and Article 13 (Effective investigation). Particular attention was dedicated to tracing of possible patterns that might contribute to impunity of perpetrators, flaws in domestic legal order that facilitate the ‘justification’ of torture or ill-treatment, and/or expansion of the corrupt culture within the police and in general in the law enforcement bodies, that might favor the police misconduct, the role of State in maintaining these practices, and the signals sent as a consequence.