CAT/C/53/D/495/2012
article 12 requires that the investigation should be prompt, impartial and effective,
promptness being essential both to ensure that the victim cannot continue to be subjected to
such acts and because, in general, unless the methods employed have permanent or serious
effects, the physical traces of torture, and especially of cruel, inhuman or degrading
treatment, soon disappear.11
13.3 The Committee recalls that an investigation in itself is not sufficient to demonstrate
the State party’s conformity with its obligations under article 12 of the Convention if it can
be shown not to have been conducted impartially.12 In that respect, it notes that the
investigation was entrusted to the police department (the Department of Internal Security of
the Department of Internal Affairs of Kostanay District ) where the alleged torture was said
to have been committed and thereafter to the hierarchically superior body (Department of
Internal Security of the Mendykara Regional Department of Internal Affairs).
13.4 The Committee notes that the complainant reported the acts of torture within days
after the events, that his lawyer filed a formal complaint on 26 September 2006, that a
preliminary inquiry was initiated on an unspecified date and that it resulted in a refusal to
open a criminal investigation, with a decision of an investigator on 23 November 2006.
Thereafter, following the complainant’s son’s appeals, the investigation was repeatedly
restarted and closed several times by different prosecutorial and investigative bodies. It
resulted in the filing of charges against Mr. P., who passed away during the proceedings,
and ultimately was closed with no criminal responsibility being attributed to police officers
due to lack of evidence. The Committee notes that a medical examination of the
complainant was conducted on 18 September 2006. It also notes that the investigation
relied heavily on the testimony of the police officers, but that other participants in the
events of 16 September 2006, as well as the medical personnel who first examined the
alleged victims, had also been questioned.
13.5 While it remains concerned that that preliminary examinations of complaints of
torture and ill-treatment by police officers are undertaken by the Department of Internal
Security, which is under the same chain of command as the regular police force, the
Committee observes that the investigation was followed by prosecutor’s offices, which on
several occasions revoked the decisions of the investigators to close the investigation and
returned the case for additional investigation. In the particular circumstances of this case,
the Committee finds that the complainant has failed to substantiate that the investigation
conducted into the torture allegations of her son was not efficient and impartial.
Accordingly, based on the materials before it, the Committee cannot conclude that the State
party has failed to comply with its obligation to carry out a prompt, impartial and effective
investigation into the allegations of torture of the complainant’s son.
14.
In the absence of further pertinent information on file, the Committee against
Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, concludes that the State party did
not violate the rules set out in articles 12 and 13 of the Convention and that, in the light of
the information submitted to the Committee, no finding of any violation of any other
provision of the Convention can be made.
11
12
Communication No. 59/1996, Blanco Abad v. Spain, Views adopted on 14 May 1998, para. 8.2.
See communication No. 257/2004, Keremedchiev v. Bulgaria, decision adopted on 11 November
2008, para. 9.4.
9