CCPR/C/126/D/2699/2015
obtained under torture, but used them in the conviction, in violation of the requirements of
article 7 of the Covenant. The State party did not initiate the necessary investigation of the
author’s allegations, in violation of article 7, read together with article 2 (3). Article 14 (3)
(g) was also violated, because the author was forced by the police, under torture, to confess
guilt in a murder.
Issues and proceedings before the Committee
Consideration of admissibility
8.1
Before considering any claims contained in a communication, the Committee must
decide, in accordance with rule 97 of its rules of procedure, whether it is admissible under
the Optional Protocol.
8.2
The Committee notes that the State party has challenged the admissibility of the
communication under article 5 (2) (b) of the Optional Protocol, because the author has not
complained to the Supreme Court of the Russian Federation under the cassation
proceedings. The Committee takes note of the author’s objection as to the effectiveness of
the procedure in question given that his cassation appeal to the Nizhegorodsk Regional
Court has already been rejected. The author has also noted that it is up to the State party to
demonstrate that a particular remedy is effective but this was not done in his case.
8.3
The Committee notes that the cassation appeals procedure of the State party
concerns the revision, on points of law only, of court decisions that entered into force. The
decisions on whether to refer a case for hearing by the cassation court is discretionary in
nature, does not have a time limit and is made by a single judge. These characteristics lead
the Committee to believe that such cassation review requests contain elements of an
extraordinary remedy. In accordance with the Committee’s jurisprudence, therefore, the
State party must show that there is a reasonable prospect that such procedure would provide
an effective remedy in the circumstances of the case. In the absence of any clarification
from the State party on the effectiveness of the cassation review procedures in cases similar
to the present one, the Committee considers that it is not precluded by article 5 (2) (b) from
examining the present communication.
8.4
Accordingly, it declares the communication admissible as raising issues under article
7, read alone and together with article 2 (3), and article 14 (3) (g) of the Covenant, and
proceeds with its examination on the merits.
Consideration of the merits
9.1
The Committee has considered the communication in the light of all the information
submitted to it by the parties, in accordance with article 5 (1) of the Optional Protocol.
9.2
The author claims that he was beaten by police officials during the preliminary
investigation on charges of murder. In substantiation, he claimed that he was beaten by
three police officers, one of whom he referred to as V. An officer kicked him on the arms
and feet. He was handcuffed and was tied tightly with a rope in a very uncomfortable
position for an hour and a half. V. kicked him on his back and in the area of his kidneys,
demanding that he confess guilt. As a result, the author suffered moral damages including
physical pain in his back, arms and head. Shortly after the beatings, the author, being scared,
signed the confessions as dictated by the police. The author claims that the law enforcement
authorities and the courts did not exclude the confessions obtained from him under duress,
but instead used them as a basis for his subsequent conviction. The official documents
regarding the investigation were signed by a lawyer chosen by the investigation and the
author also countersigned them. Following his release and his return to the home of his
parents, the author’s mother called an ambulance because of the author’s poor state of
health and the pain he was experiencing. She complained to the members of the emergency
personnel that her son had been beaten up by the police. As a result, the author had to be
hospitalized on 23 and 24 January 2013.
9.3
The Committee notes that the State party has observed the trial court’s decision to
give a central role to the author’s depositions produced at the time of the preliminary
investigation, given that they were corroborated by a large amount of evidence. The State
party has also contended that the author’s torture allegations have been correctly assessed
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