CAT/C/56/D/577/2013
complainant’s claims, several decisions were issued refusing to initiate a criminal
investigation, the latest on 7 November 2013, issued by the senior investigator of the
Investigative Department of the Investigative Committee of the Russian Federation in
Stavropol District. That decision was revoked by a decision of 5 December 2013 of the
Stavropol District Prosecutor’s office, which indicated that an additional investigation was
required to identify the individuals who had been detained with the complainant at the time
that he was injured, in order to question them and further clarify the circumstances
surrounding the complainant’s arrest. The State party submits that, at the time of its
submission, that additional verification had not been completed; it was scheduled to
continue until 3 March 2014. The verification was lengthy because the complainant
presented new arguments that had not been verified previously.
Complainants’ comments on the State party’s observations and additional submission
5.1
In a submission dated 23 June 2014, the complainant challenges the State party’s
submission of 4 April 2014. He reiterates that he was subjected to torture when he was
arrested on 11 October 2008 and taken to the Regional Department of the Ministry of the
Interior in Pyatigorsk; the torture started immediately upon his arrival. A ruling ordering his
arrest was not issued until 15 October 2008, his arrest therefore constituting a violation of
the Constitution of the Russian Federation. He reiterates that he was convicted for a crime
he did not commit and argues that the verdict against him was unlawful. He submits that he
requested the court in Pyatigorsk to provide him with copies of the documents allegedly
testifying to the violations of which he was accused, but his numerous requests were
rejected.
5.2
In a submission dated 26 June 2014, the complainant submits that an order for a
forensic medical examination of his injuries was issued on 14 June 2010, but that no such
examination was conducted. Another such order was issued on 10 May 2013. He maintains
that the only medical examination he underwent was conducted by a traumatologist in
polyclinic No. 1 in Pyatigorsk, who concluded that the complainant had suffered serious
injuries. The complainant also maintains that he was never examined by the forensic
medical expert indicated in the State party’s submission. He reiterates that he is still
suffering as a result of the torture: he is unable to lie on his right side or on his stomach as
his fractured rib did not heal correctly and now presses against his internal organs. He
submits that if his hearing loss was the result of an infection, he should have been treated
for the infection. He still suffers from hearing loss and he hears a permanent noise. He
submits that by the time he registered his complaint regarding torture, the medical
examination report issued by the traumatologist in the polyclinic had been “lost” and
replaced by the medical examination report of the State-appointed expert. He maintains that
for five years and seven months, his complaints regarding torture have been forwarded
from one institution to another, but have not been reviewed on their merits. He submits
copies of requests to the Supreme Court for supervisory review of his case and a copy of
the letter dated 2 September 2010 from the Deputy Chair of the Supreme Court rejecting his
request, as well as copies of requests for compensation for the fact that he has not been
given copies of case materials and the 17 November 2011 Supreme Court decision refusing
to grant such compensation.
State party’s additional observations
6.1
In a submission dated 22 October 2014, the State party submits that Stavropol
Regional Court confirmed the 26 August 2009 verdict of Pyatigorsk City Court sentencing
the complainant to 10 years’ imprisonment for committing a sexual assault and inflicting
bodily injuries that resulted in death. Stavropol Regional Court stated that the
complainant’s arguments regarding the use of unlawful methods of investigation in his case
were unfounded. In accordance with article 401.2.4 of the Code of Criminal Procedure of
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