CAT/C/61/D/661/2015 questioned, as a suspect and as a defendant, he confessed to committing the theft and selling the proceeds to someone he knew, O.R. As a result, Mr. Rakishev was released on his own recognizance and was asked not to leave his area of residence, and to report to the police if needed. 4.6 On 21 February 2011, Dmitry Rakishev’s case file was sent to the Stepnogorsk City Court for trial hearings. Mr. Rakishev was summoned for these hearings multiple times, but failed to appear. Because of Mr. Rakishev’s failure to appear, the court decided to remand him to detention, once he was arrested. On 29 April, Dmitry Rakishev was found and arrested and placed in a detention centre in the city of Stepnogorsk. 4.7 On 8 May 2011, the doctors of the ambulance confirmed the death of Dmitry Rakishev. On the basis of autopsy results issued on 9 June, the cause of death was identified as stage 2 subcutaneous fibrinogen pneumonia, which, in turn, caused general intoxication in the body and acute pulmonary heart failure. 4.8 Also, experts identified various injuries on the body of the deceased: bruises under the left eye and on the right shoulder and haemorrhages in soft tissues of the left frontal area, right frontal parietal area and left parietal area of the head, which could have been caused by the impact of a blunt object or objects, possibly 8-15 days before death. These injuries could not have caused death and were considered to be “light bodily injuries”. It was also ascertained that ribs 7 and 8 had been broken, possibly two to three weeks before death; these were considered “moderate bodily injuries” and could not have caused death. 4.9 In addition, autopsy results revealed psoriasis, phlegmon of the soft tissues of the cheek-mandibular area of the face, small-focal and perivascular cardiosclerosis, lumpystage coronarosclerosis, subtotal fatty liver, chronic hepatitis and focal nephrosclerosis, all of which did directly cause the death of Dmitry Rakishev. 4.10 At the request of the relatives of Dmitry Rakishev, another medical forensic examination was ordered on 11 May 2011.2 4.11 The State party further submits that on 27 June 2011, the Stepnogorsk police initiated a criminal investigation into the injuries identified on the complainant’s body, based on article 104 (1) of the Criminal Code.3 4.12 The records indicate that when first detained in the detention centre in Stepnogorsk, Mr. Rakishev was examined by a paramedic, O.T. On 25 July 2011, O.T. was questioned, and testified that she had indeed identified some injuries on Mr. Rakishev’s body when he was admitted to the detention centre. Mr. Rakishev explained that several days earlier he had been involved in a fight (without providing any details), which caused the injuries. The relevant entry was made in the medical records at the detention centre. 4.13 On 4 May 2011, Mr. Rakishev complained of chest pain and an ambulance was called. O.T. reported that he told her that on 29 or 30 April 2011, he had fallen from the upper bunk in his cell. The next day, in the morning, Mr. Rakishev was taken to Stepnogorsk Central Hospital where he was examined by a traumatologist, who diagnosed two broken ribs and concluded that he needed “urgent hospitalization”. O.T. requested permission to hospitalize him from the chief of the detention centre, A.D, who, in response to this request, “did not say anything”. O.T. examined Mr. Rakishev twice on 6 May. On 8 May, she was present to witness his death. 4.14 Several witnesses confirmed O.T.’s testimony. For example, N.G., who was at the time held in the same cell as Dmitry Rakishev, stated that Mr. Rakishev told him that he had been beaten in a fight before being admitted to the detention centre. N.G. also testified that he did not see anyone torturing Mr. Rakishev. The State party denies the allegation that N.G. had been threatened or mistreated by the investigators. 4.15 Furthermore, the State party submits that Dmitry Rakishev’s father, Ashim Rakishev, was recognized as a victim and as a representative of his deceased son on 1 August 2011. 2 3 4 The State party also submits that on 19 May 2011, the criminal case against Dmitry Rakishev was discontinued due to death of the defendant. Defined by the State party as “causing ‘moderate bodily injuries’”.