CCPR/C/126/D/2410/2014 On admissibility 8.2 The State party notes that, in 2014, the author complained to the Krasnoyarsk Region Prosecutor’s Office that some evidence used against him had been manipulated during the forensic examinations, including the ballistics examination of the gun, and asked for a criminal investigation to be initiated against those responsible and to reopen his case based on newly discovered evidence. On 25 February 2014, the Deputy Prosecutor of Krasnoyarsk Region informed the author that there was no credible information to support his allegations. On the same day, the Deputy Prosecutor issued a ruling officially denying the author’s request to have the case reopened, noting that all forensic evidence had already been examined by the court and ruled admissible and there were no new circumstances in the author’s motion to rule otherwise. 8.3 The author appealed the Deputy Prosecutor’s first letter to the Central District Court of Krasnoyarsk City, which, on 5 May 2014, denied the appeal. On 1 July 2014, the Krasnoyarsk Regional Court confirmed the decision of the Central District Court and explained to the author that the Deputy Prosecutor’s letter could only be appealed through a civil court because it was not a procedural decision, but that he could appeal to the criminal court the Deputy Prosecutor’s ruling not to reopen the criminal case based on new evidence. The State party submits that, to this day, the Deputy Prosecutor’s ruling to deny reopening the criminal case based on new evidence has not been appealed. Thus, the author has not exhausted all available domestic remedies. On article 14 (1) of the Covenant 8.4 With regard to the author’s claim that, during the trial, the prosecution illegally influenced the jury by telling them that he had been responsible for the death of an infant girl, the State party notes that, although he had not been charged with the death of the child, the circumstances surrounding her death had been mentioned by the prosecution in its closing remarks due to the fact that the defence had investigated the girl’s death certificate during the trial. 8.5 With regard to the author’s claim that he was precluded from presenting evidence to the jury to the effect that one of the crimes that he had been charged with could have been committed by another person, the State party submits that the possible connection of this person to one of the crimes was investigated by the police and the investigation against him was officially closed on 24 November 2005. The author’s motion to present certain evidence against that person to the jury was partially granted by the judge during the trial, while other evidence was precluded on the grounds of relevance. On article 7 of the Covenant 8.6 The State party also notes that, on 22 April 2013, the Bogotol District Court denied the author’s complaint against the unlawful actions of the police related to the night of his arrest due to the lack of grounds for opening a criminal investigation against the police officers. Author’s comments on the State party’s additional observations 9.1 In letters dated 2 April, 14 April, 25 May, 15 June and 18 September 2015, the author provided his comments on the State party’s additional observations. On article 7 of the Covenant 9.2 The author submits that, while investigating his complaint against the police, the Krasnoyarsk Region Prosecutor’s Office never tried to inquire where he had been held between 5 a.m. and 7.30 p.m. when the official interrogation took place. He also notes that the Krasnoyarsk Region Prosecutor’s Office did not question his friend at whose apartment he was detained. According to the author, his friend testified at the trial that he had also been subjected to beatings when the police came looking for the author. However, he never spoke about this again out of fear of repercussions from the police. In their testimonies, the arresting officers omitted, on purpose, to mention the presence of the author’s friend, so he could not be questioned as a witness in the investigation against them. 7