CAT/C/61/D/661/2015 4.16 On the basis of report No. 79 dated 28 July 2011, the cause of death was identified as acute pulmonary and heart failure, which had developed as a result of pneumonia. These findings led to the conclusion that the complainant’s death was a result of “serious bodily injury”. The underlying crime was therefore also changed to causing serious bodily injury under article 103 (1) of the Criminal Code. 4.17 On 31 August 2011, Ashim Rakishev requested another forensic medical examination. On the basis of this examination, report No. 138 was issued on 20 September. It concluded that with proper medical treatment of his pneumonia, the death of Dmitry Rakishev could have been avoided. On 27 October, the State party authorities started a separate criminal investigation into the actions of the medical personnel of the Stepnogorsk Central Hospital. On the same date, the criminal investigation was suspended because it was not possible to identify the persons responsible for committing the crime. On 8 May 2012, the criminal investigation was discontinued altogether due to lack of evidence that any crimes had been committed by medical personnel. On 5 May 2015, the Office of the Prosecutor of Stepnogorsk reinstated the criminal investigation. On 30 June, the authorities called for another forensic medical examination. The investigation is ongoing. 4.18 Regarding the criminal investigation into the actions of A.D., the chief of the detention centre, the State party submits that the authorities initiated a criminal investigation based on article 315 (2) of the Criminal Code, failure to perform official duties. The authorities rejected charges under articles 146, torture, and article 103 (1), causing serious bodily injury. On 7 September 2012, A.D. was found guilty under article 316 (2) of the Criminal Code, negligence causing death. He was sentenced to three years of imprisonment, suspended for two years. Due to an act of amnesty, A.D. did not serve his term of imprisonment. 4.19 The lawsuit for compensation for moral and pecuniary damages was transferred to the civil courts. The complainant’s allegations regarding lack of redress and compensation are therefore unfounded. The courts did not consider the issue of compensation, since it has not been proven that the complainant was tortured. 4.20 The State party therefore contends that it has conformed to all its obligations under articles 1, 2 and 11-14 of the Convention.4 Complainant’s comments on the State party’s observations on the merits 5.1 On 4 January and 11 April 2016, the complainant provided his comments on the State party’s observations on the merits. The complainant submits that the State party describes in theory its efforts to combat torture, but in practice, the laws are not implemented or are ignored. The present complaint is a good example. For instance, the State party does not provide the exact amounts of compensation paid to victims of torture. Ashim Rakishev was in fact denied any compensation because, as the State party contends, the fact of torture had not been proven. This shows that the State party admits that no compensation will ever be paid to the victims. 5.2 The complainant further submits that the State party has a responsibility to provide persons in detention with necessary medical assistance. It is clear from the State party’s submission that such medical assistance was not provided. Despite constant complaints, the paramedic of the detention centre examined Dmitry Rakishev and only prescribed painkillers. Despite being examined by four doctors during 10 days of detention, the complainant died. Despite the complainant’s critical condition, he was not hospitalized. Very often, doctors of detention facilities are afraid to report torture, since they are employed by the same detention facility. 5.3 The complainant also submits that Dmitry Rakishev was not detained but reported to the police station himself, on 28 April 2011. 5.4 There are additional facts that the State party did not respond to: that Dmitry Rakishev had significant injuries on his body; that the ambulance was called five times; that 4 The State party also contends that it is in full compliance with articles 7 and 14 of the International Covenant on Civil and Political Rights. 5