CAT/C/48/D/433/2010 having committed the murder of an elderly woman and were taken to the Southern Department of Internal Affairs. On 30 March and 2 April 2007, they filed complaints to the City Prosecutor’s Office against officers of the Department of Internal Affairs (A., B. and M.), claiming that they had been mistreated in order to make them to confess to the murder. On 30 May 2007, the Senior Assistant Prosecutor for Kostanai City refused to open a criminal case for lack of evidence. The decision was quashed on 10 June 2007 by the City Prosecutor’s Office due to incomplete investigation. 7.2 On 12 and 13 June 2007, the complainant filed complaints to the Regional Prosecutor’s Office, claiming that he was receiving threats from unknown persons to withdraw his complaints. On 18 June 2007, the respective complaints were forwarded to the Department of Internal Security within the Regional Department of Internal Affairs. On 25 June 2007, the Department of Internal Security opened a criminal case against police officers under article 308, part 4 (a), of the Criminal Code (abuse of power or official authority with aggravating circumstances). The case was closed on 29 June 2007, for lack of evidence. On 27 June 2007, eight police officers, including Mr. A., Mr. B. and Mr. M., were subject to various disciplinary sanctions for violations of the internal regulations that resulted in the unlawful detention of the complainant and his stepsons. 7.3 On 3 July 2007, a criminal case was reopened by the Department of Internal Security, decision which was quashed by the Regional Prosecutor’s Office on 18 July 2007, who transmitted the case file to DCECC for further investigation. DCECC decided on two occasions not to open a criminal case for lack of evidence; however, those decisions were quashed by the Regional Prosecutor’s Office due to incomplete investigation. On 1 February 2008, DCECC again refused to open a criminal case for lack of evidence. Excepting the complainant’s contradictory and inconsistent testimonies and the findings of the forensic medical examination, no other evidence in support of his allegations was found. All avenues for collection of additional evidence have been exhausted. 7.4 On 6 December 2010, in order to verify the allegations presented by the complainant to the Committee, the DCECC decision of 1 February 2008 was quashed by the General Prosecutor’s Office and a criminal case was opened against the police officers under article 347-1, part 2 (a), of the Criminal Code (torture). 7.5 During his interrogation, the complainant stated that, on 27 March 2007, when he attended the police station because of his stepson’s detention, he was taken to the third floor where three policemen mistreated him in order to obtain a confession to the murder of his neighbour. He spent the night on a chair under the supervision of a policeman and was interrogated by the investigator the next morning. Upon release on 28 March 2007, he was hospitalized in the Kostanai City Hospital. 7.6 During their questioning as witnesses, the complainant’s wife, his stepsons and their friend refused to testify, requesting the closure of the investigation and mentioning that they have no claims against police, although during the preliminary inquiry the complainant’s stepsons claimed that they had been ill-treated by policemen in order to make them confess to the murder of their neighbour. 7.7 In the course of the preliminary inquiry, the complainant gave contradictory statements. During the confrontation with policemen, the complainant stated that Mr. A only suffocated him with the plastic bag. He also declared that Mr. M only recorded his personal information. He did not identify the third officer, Mr. B., and declared that the persons who ill-treated him were not among these three police officers. During their interrogation as suspects, officers denied the allegations of mistreatment and beatings. Other officers of the Southern Department of Internal Affairs interrogated as witnesses did not confirm the fact of torture. 9