A/HRC/19/61/Add.4
the Office of the Procurator, or any judicial or monitoring bodies.” The Government
additionally indicated that “[n]o evidence has been found to substantiate the claims that
physical force and special measures were used against Mr. Kudaev” during a transfer on 4
March 2010. The Government reported that on 10 March 2011, during a full personal
search and inspection of Mr. Kudaev's belongings, nine complaints and petitions were
confiscated from him by authorities, and noted that the Office of the Procurator found this
confiscation to be illegal and that “disciplinary action was taken against four members of
staff of the remand center” for this confiscation. The Government reports that Mr. Kudaev's
transfer to a “punishment cell” for 15 days on 10 March 2011 was punishment for
“breaking the internal rules of the remand centre” and “was not connected with the search
and confiscation of documents,” and notes that the Office of the Procurator “deemed the
decision legal and well founded.” The Government notes that the Kabardino-Balkaria
division of the National Investigation Committee has registered nine complaints from Mr.
Kudaev since 2005, has not initiated a criminal case for any of them, and on 18 April 2011
overturned the decisions on five of the complaints “on grounds of incomplete
verifications.” The Government indicated that on 11 February 2008, Mr. Kudaev's
complaint regarding detention regulations was rejected, and that the criminal division of the
Supreme Court of Kabardino-Balkaria upheld this decision on an appeal of cassation. The
Government states that “[n]o information is available on whether torture was used during
the preliminary investigation.” The Government also indicated that “[i]nformation on
intereference in Mr. Kudaev's hearing with his lawyers is unfounded.” Based on the
information received, the Special Rapporteur determines that Mr. Kudaev's rights under the
UN Convention against Torture have been violated. The Special Rapporteur draws the
Government's attention to article 15 of the Convention against Torture, which provides that
“[e]ach State Party shall ensure that any statement which is established to have been made
as a result of torture shall not be invoked as evidence in any proceedings except against a
person accused of torture as evidence the statement was made.” He also takes note that Mr.
Kudaev was not provided with adequate and independent medical care while in detention.
The Special Rapporteur reminds the Government that article 12 of the Convention against
Torture requires competent authorities to undertake a prompt and impartial investigation
wherever there are reasonable grounds to believe that torture has been committed, and
article 7 of the Convention against Torture requires State parties to prosecute suspected
perpetrators of torture. The Special Rapporteur calls on the Government to undertake
prompt, impartial and effective investigations into the alleged incidents of torture against
Mr. Kudaev, leading to prosecution and punishment of the perpetrators, and to provide full
and effective redress to Mr. Kudaev, including adequate and independent medical care and
measures of non-repetition to guarantee his physical and mental integrity. He calls on the
Government to promptly report on measures undertaken.
(d) JAL 25/03/2011 Case No. RUS 3/2011 State reply: 20/05/2011 Alleged death of detainees
in correctional facility.
134. The Special Rapporteur thanks the Government of the Russian Federation for its
reply, dated 20 May 2011, to this communication in reference to the alleged torture and
death of detainees in the correctional facility IK-1 in Kopejsk, Chelyabinks. In its reply, the
Government confirmed that Mr. Sergei Samujlenkov was “found hung in the cell of the
correctional facility” on 3 January 2011 and stated that Mr. Samujlenkov “repeatedly
committed acts of self-mutilation and on many occasions attempted to commit suicide.”
The Government indicated that Mr. Samujlenkov “did not lodge any official or formal
complaints or petitions regarding confinement conditions.” The Government noted that an
investigation of his death concluded the cause of death was “self-hanging.” It reported that
on 14 April 2011, in the framework of a second investigation, the body was disinterred and
it was determined that “wounds on his forearms, an abrasion on his forehead and a bruise
on his left ear auricle” were all self-inflicted. The Government denied that videos allegedly
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