Advance unedited version CCPR/C/132/D/3038/2017 exhaust the available domestic remedies regarding his claims under article 14 (1) of the Covenant in connection to the examination of his claims for moral damages related to his unlawful arrest and the poor conditions of detention. 4.14 The State party provides also statistical data to demonstrate that the remedies it invokes constitute effective ones. Thus, in 2017, the Supreme Court has examined a total of 1679 cases under the cassation proceedings. In 935 cases (55,7%) out of those, the court issued rulings for the examination by the Collegium on civil cases. In 52 of those cases, the court ordered that the case is examined by the Collegium of the deputy-Chairs of the Supreme Court. In 874 cases (98,3%), the cassation claims have been successful. In particular, 314 decisions of lower courts have been annulled (35,9%). 471 appellate rulings have been annulled without a modification of the first instance decision (53,9%). In 44 cases, the decision of the lower instance has been confirmed. 426 cases have been transmitted for a new adjudication, and in one case a new decision has been issued directly. 4.15 On the merits, the State party notes that the author has been brought to the Tynda police station as he had committed an offence, i.e. he failed to comply with a lawful requirement by a police official in the course of duty4. The author’s arrest has been recorded on 17 December 2013. The author recognised his responsibility. On the same day, 17 December 2013, the Tynda District Court of the Amursk region ordered a 10 days administrative arrest and detention against the author under article 19.3 (1) of the Code on administrative proceedings (CAP). The author has been placed in a temporary detention centre, as confirmed by the detention centre’s registry and the registration of those placed on administrative arrest and detention. The ruling on his placement on arrest and detention was not appealed by the author. 4.16 The State party adds that a record under articles 91-92 CPC on the author’s arrest as a suspect of a crime was established on 20 December 2013. No remarks were formulated by the author or by his lawyer, E.N. On 22 December 2013, the Tynda District Court of Amursk region placed the author in custody. Neither the author nor his lawyer have appealed against this ruling. The decision to have him placed in custody has been renewed on several occasions. When determining the author’s prison term, the court calculated the time period starting from 17 December 2013. 4.17 The author did not reject his guilt in the murders during the preliminary investigation and confirmed it in court. He made no claims whatsoever regarding any limitation of his rights. The defence was not prevented from questioning witnesses in court. 4.18 The author’s allegations on the use of physical violence or psychological pressure against him to make him confess guilt could not be confirmed. The author presented no concrete data on any unlawful acts of the police when he confessed guilt and when his deposition was recorded, neither at the pre-trial nor the trial stage. He does not adduce such elements in his communication to the Committee either. No procedural verification has been carried out, given the lack of grounds thereon. 4.19 The State party further submits that a witness, U., confirmed in court that the author has confessed guilt in the murder while under administrative arrest. Another witness, P. has testified at the pre-trial investigation that he had been detained together with the author, and that on 20 December 2013, during a conversation with police officers, the later confessed guilt in the murder of 4 people. The author did not complain having been forced to confess guilt or been placed under pressure. The witness saw no bodily injuries on the author’s body, and the author did not complain about unlawful methods of investigation. 4.20 In his confessions of 20 December 2013, the author confirms having murdered four people. The confessions also contain his declaration that they were made under no pressure by the police. In court, before the Amursk Regional Court, the author confirmed the testimonies of the witness P. and also his own confessions of 20 December 2013. He also confirmed having murdered four people and while he refused to testify under article 51 of the Constitution, he confirmed his depositions made during the preliminary investigation as 4 This administrative case is different from the murder charges, which came later – please see para. 4.24. 5

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