Example: Attorney: “Criminal proceedings under the case of torture inflicted on my defendant was
instituted, but then terminated. The prosecutor’s offices connive at cases of torture”.222
Example: Attorney: “In August 2011, I submitted a complaint to the district prosecutor’s office,
but received no reply yet. No measures are taken. The prosecutor’s office ignores cases of
torture”.223
Example: Attorney: “In June, I submitted a complaint to the district prosecutor’s office. Institution
of criminal proceedings was denied. The prosecutor’s office does not want to combat
torture”.224
Example: Attorney: “I complained to the city prosecutor’s office. They prescribed examination that
found insignificant bodily injuries resulting from torture. However, no criminal proceedings
were instituted”.225
Example: Attorney: “I complained to the city prosecutor’s office. No measures have been taken. We
have not even received any reply. Authorities do not want to take any measures to eradicate
torture”.226
One of the interviewed attorneys drew the monitoring team’s attention to the case of direct pressure exerted on
him by a prosecutor’s office member.
Example: Attorney: “I addressed my complaint to the Oblast Prosecutor. Later on a prosecutor of the
Oblast Prosecutor’s Office Unit invited me and asked to write a note to explain how I got
pictures of my defendant with signs of beatings”.227
Lack of analyses of the existing judicial practice pertaining to cases of torture and respective explanations from
the Plenum of the KR Supreme Court, which are long overdue, is one of the reasons why courts are ineffective
in terms of considering cases of torture. It also explains why there is not a single court decision on finding
officials guilty of inflicting torture.
Example: Attorney: “A legal process took place in view of the case of torture. The district court
did not prove guilt and acquitted the defendants who were law enforcement members. The
court of appeal upheld the decision. A supervisory appeal has been sent to the Supreme
Court”.228
Example: Attorney: “I submitted a complaint to the district prosecutor’s office that instituted
criminal proceedings, but not under Art. named ‘Torture’, but under Art. 305 (part 2) of
the KR Criminal Code. It sent the case to the district court. The latter acquitted four law
enforcement officials who were accused of inflicting torture. Now the Supreme Court is
considering the case”.229
d. Pressure exerted by accused persons and law enforcement officials on attorneys and their
defendants
There were two cases in which lawyers said that torture victims’ families refused to make a complaint being
afraid of revenge from the law enforcement agencies. In one case, a defendant was beaten and taken to the
hospital’s emergency room. Diagnosis: Collapse. Brain concussion.
222
223
224
225
226
227
228
229
Monitoring Report No. А/25/3.
Monitoring Report No. А/23/5.
Monitoring Report No. А/24/6.
Monitoring Report No. А/41/11.
Monitoring Report No. А/25/15.
Monitoring Report No. А/23/1.
Monitoring Report No. А/41/10.
Monitoring Report No. А/42/12.
75
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