Maryna Demura: Russia Has Withdrawn from the European Convention Against Torture: What Are the Consequences?

On 17 September 2025, the Russian State Duma passed a law denouncing the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and on 29 September, Russian President Vladimir Putin signed the law. From that moment on, Russia effectively ceased to be a party to this Council of Europe document.

Although the Russian Federation was expelled from the Council of Europe back in 2022 after the Parliamentary Assembly of the Council of Europe unanimously adopted a resolution on Russia’s expulsion, it continued to be a party to the European Convention for the Prevention of Torture.

This was possible because it is an ‘open convention’ to which countries that are not members of the Council of Europe can also accede.

The denunciation of the European Convention for the Prevention of Torture demonstrated the Russian Federation’s further ‘separation’ from the civilised world, from European values, and from the rule of law. Such actions only confirm the fact that torture is a common practice among Russians, and they do not intend to prosecute or punish anyone for these crimes. First, Russia ceased to be a member of the Council of Europe, then withdrew from the European Convention on Human Rights, and then from the European Convention for the Prevention of Torture.

At the same time, Russia remains a member of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. During the war, international humanitarian law also applies to the Russian Federation, which, in particular, prohibits the torture of prisoners of war, as well as the torture and cruel treatment of civilians in the occupied territories. This refers to the 1949 Geneva Conventions (GC III, GC IV).

Thus, it can be assumed that it was the control mechanism of the European Convention for the Prevention of Torture, with unannounced visits by the Committee to places of detention, that became ‘superfluous’ and exposed the Russian Federation to the risk of information about torture practices leaking to the outside world. Consequently, a decision was made to withdraw from the Conventions and deliberately refuse periodic visits by the Committee with independent experts to places of detention in the Russian Federation.

Even though the Committee does not issue binding decisions, does not resolve compensation issues, and only publishes reports with recommendations, the Russian Federation decided not to allow it into its territory, for which it denounced the European Convention for the Prevention of Torture.

Back in November 2024, an announcement appeared on the Council of Europe website about the complete lack of cooperation between the Council of Europe’s Committee for the Prevention of Torture and the Russian authorities. The Committee noted that it had attempted to engage in a ‘constructive dialogue’ with the Russian authorities in order to enable the Committee to resume its monitoring visits to places of detention in Russia. All States Parties to the Convention must take the necessary measures to enable monitoring visits to be carried out on their territory.

In addition, as part of the standard exchange of information between the Committee and the State party, the Committee requested the Russian authorities to provide it with information on certain specific events of concern, such as the sudden death of Alexei Navalny while in custody. In response to these requests, Russia did not provide any information, nor did it take any measures to enable the Committee to carry out monitoring visits to the country.

The CPT considers that the lack of any substantive response to its requests and the inaction of the Russian authorities in enabling the committee to fulfil its preventive mandate in the Russian Federation demonstrate an inability to cooperate. The CPT has therefore decided to make this public statement in accordance with Article 10, paragraph 2, of the Convention. The committee also reported that it had not received permission from the Russian government to publish 23 reports on its visits and the Russian authorities’ responses to them.

As we can see, Russia has completely ignored its international obligations under the European Convention for the Prevention of Torture. Therefore, the denunciation of the Convention was a logical next step.

Numerous testimonies that the Russian Federation used torture as a customary practice during its invasion of Ukraine have been recorded in reports by international and national organisations. The UN also regularly confirms in its reports the facts of torture, ill-treatment and rape in the territories occupied by the Russian Federation. In particular, in its report on the treatment of civilians deprived of their liberty in the context of the Russian Federation’s armed attack on Ukraine, and in other reports on the intensification of repression and the widespread use of torture in Russia against all opponents of the government and the regime.

With regard to the monitoring mechanism under the UN Convention against Torture and the activities of the thematic Committee against Torture, the committee periodically hears reports from the Russian government.

For example, the Russian Federation reported in November 2012. The last report to the committee was in August 2018 (sixth periodic report). There have been no further reports to this committee, and in fact this mechanism has no direct influence on the country, only providing concluding observations with recommendations.

The practice of torture and ill-treatment is widespread in Russia and the territories it occupies. So far, no international conventions have been able to stop this, even though the Russian Federation remains a formal participant in them (as in the case of the UN).

At the same time, torture related to Russia’s aggression against Ukraine is a war crime. Both Ukrainian law enforcement agencies and courts (mostly through in absentia proceedings) and national courts of other states with jurisdiction under the principle of universal jurisdiction can prosecute these crimes.

Furthermore, the ratification of the Rome Statute of the International Criminal Court paves the way for bringing Russians to justice for war crimes in the ICC. Therefore, documenting and proving the crimes of torture committed by Russia during the war is extremely important both for bringing the perpetrators to justice and for Ukraine to receive compensation and reparations in the future.

Maryna Demura

Legal Expert, the Human Rights Centre ZMINA, Associate Professor (Yaroslav Mudryi National Law University), Monitor of NPM (Ukraine), Associate Professor, Attorney at Law, Ph.D in Law