CAT/C/63/D/637/2014
based on the complainant’s own explanation that the abrasion on his nose was the result of
an accident, and on his request to have the investigation closed. The Committee notes that
there is no indication that the investigative department actually questioned the complainant
in person at any point, in particular given that his statements were written in detention and
under the control of the police officers who allegedly inflicted the said injury. The
Committee also notes that the complainant could not appeal effectively against the
decisions of the investigative department in the courts, because each time the decisions
were quashed and were sent for further investigation by superior officers. Nevertheless,
each subsequent investigation reflected almost identically the findings of the previous one.
All the above observations tend to demonstrate that the complainant’s case was not
promptly and impartially examined by the domestic authorities. Accordingly, the
Committee finds that the facts as presented reveal a violation of article 13 of the
Convention in the present case.
9.6
The Committee notes the complainant’s claim that his self-incriminatory statements
given under torture were retained as a valid evidence by the courts. In this regard, the
Committee notes that during one of the hearings in the first instance proceedings, the
prosecutor mentioned that the investigations into the complainant’s allegations of torture
did not confirm such allegations. Without further clarifying information on file, the
Committee assumes that the court must have taken the findings of the investigative
authorities as fact and proceeded to treat the statements of the complainant as admissible
evidence. The Committee notes, however, that the only investigation mentioned by the
parties in their submissions is the one initiated in 2007. It concerned only the abrasion that
the complainant had on his nose, reported in the SIZO medical report dated 5 October 2007.
The investigation documents do not mention any of the other injuries reported in the
medical certificate dated 22 September 2007. The Committee recalls that the general nature
of the provisions of article 15 derives from the absolute nature of the prohibition of torture
and therefore implies an obligation for any State party to verify that statements included in
proceedings under its jurisdiction were not made under torture. 4 The Committee notes that
the court did not address either the complainant’s claims about spending many hours in the
cold without proper clothing, or his fear for his wife who was also undressed and constantly
threatened with sexual violence. In the light of the above, the Committee concludes that the
Supreme Court of the Republic of Bashkortostan, acting as a trial court, failed to assess
thoroughly the complainant’s claims that his self-incriminatory statements were extracted
under torture before presenting them as evidence to the jury. Thus, the Committee finds a
violation of article 15 of the Convention.
10.
The Committee, acting under article 22 (7) of the Convention, decides that the facts
before it reveal a violation by the State party of articles 2 (1) read in conjunction with
article 1, 12, 13 and 15 of the Convention.
11.
Pursuant to rule 118 (5) of its rules of procedure, the Committee urges the State
party to provide the complainant with an effective remedy, including: (a) conducting an
impartial investigation into the complainant’s allegations, with a view to the prosecution,
trial and punishment of anyone found to be responsible for acts of torture — this
investigation should include a medical examination of the complainant, in accordance with
the Istanbul Protocol; (b) providing the complainant with a retrial, in accordance with the
principle laid out in article 15 of the Convention; (c) providing the complainant with
redress and the means of rehabilitation for the acts of torture committed; and (d) preventing
the recurrence of any such violations in the future. The Committee urges the State party to
inform it, within 90 days of the date of transmittal of the present decision, of the measures it
has taken in response to the above findings.
4
See Niyonzima v. Burundi (CAT/C/53/D/514/2012), para. 8.7; Ktiti v. Morocco
(CAT/C/46/D/419/2010), para. 8.8; and P.E. v. France (CAT/C/29/D/193/2001), para. 6.3.
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