CCPR/C/124/D/2892/2016
locate the witnesses indicated by the author and his mother. In the subsequent decisions, the
prosecutors mentioned that, according to a medical certificate dated 17 February 2012, the
author had bruises and could be detained in IVS. Despite the explicit indication that the
author had injuries the investigation was closed, with reference to a statement from the head
of IVS – an institution fully accountable to the Ministry of Internal Affairs – that no
complaints had been received from the author. Prosecutors, without duly checking the
author’s allegations, referred to the criminal case against the author as being in itself an
indication that the police officers had not abused their power. They also indicated that the
complaint submitted by the author’s mother was an attempt to avoid liability. 1
5.3
Regarding the claim for compensation, the author submits that the national
legislation does not allow an alleged victim of torture to submit a civil suit for
compensation until the perpetrators are found guilty by a criminal court. In the author’s
case, since the investigation was not carried out properly, a criminal case was not opened
and he cannot submit a civil claim. In addition, the State party did not provide examples of
cases where moral damage had been compensated by the courts.
5.4
Finally, the author states that the Committee does not require the signature of the
director of a prison; the author’s signature on a power of attorney alone is sufficient.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 93 of its rules of procedure, whether the communication is
admissible under the Optional Protocol.
6.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
6.3
The Committee notes the author’s claim that all available domestic remedies have
been exhausted. It also notes the State party’s observation that the domestic remedies have
not been exhausted on the matter of compensation for the torture allegedly suffered by the
author. The Committee observes that the domestic authorities denied that torture took place
and refused to open a criminal case against the police officers. It is thus unclear on what
grounds the author could have filed a civil suit for compensation, which is linked to the
outcome of the criminal proceedings against the perpetrators. In the absence of other
objections from the State party regarding the exhaustion of domestic remedies by the author,
the Committee considers that the requirements of article 5 (2) (b) of the Optional Protocol
have been met.
6.4
As to the author’s claim under article 14 (3) (g), the Committee notes that this article
applies in the determination of a criminal charge. The author did not provide details on his
trial, did not attach a copy of the judgment in his case and did not raise claims of
arbitrariness of the judicial proceedings in his criminal case. On the basis of the information
available on file, the Committee is not able to assess the extent to which the author’s
confession, allegedly obtained under torture, was taken into account by the court in the final
1
+The author’s counsel submits that in 2013, a coalition of non-governmental organizations submitted
an alternative report to the Committee against Torture. Part of the report concerned investigations of
allegations of torture by the State party. In the report, it is stated that, despite the legal requirement to
treat complaints of torture as allegations of a crime, they are often processed as simple complaints
about actions of law enforcement agencies. In these cases, criminal cases are not opened and the
complaints are either ignored or, at best, lead to an internal investigation. Such investigations end
with questioning of police officers, who deny the fact of torture, after which the prosecutors decide
not to open a criminal case. The proper investigative steps, such as checking the rooms where torture
was inflicted, questioning the witnesses indicated by the victim and carrying out medical check-ups or
forensic examinations, are not followed. Internal investigations are usually confidential; the alleged
victim is not informed of the steps taken, does not have access to the relevant documents, cannot
submit evidence and does not have all the rights a victim in a criminal case would have.
5