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 58

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