CCPR/C/126/D/2697/2015
examination report issued on 14 November 2012, there were no signs of beatings or
violence on the author’s body, except cuts on his left wrist, which had been self-inflicted.
Based on the findings of the preliminary examination, the prosecutor’s office refused to
initiate criminal proceedings against the police officer owing to a lack of corpus delicti. The
author appealed the decision of the prosecutor’s office, which, however, was upheld by the
Supreme Court on 22 May 2013.
6.3
The State party concludes that the author’s comments on the State party’s
observations are unfounded.
From the author
6.4
In his comments, submitted on 19 March 2018, the author disagrees with the State
party’s observations. He argues that the State party does not provide any information
regarding the character of the inspection of the detention centre, the methods used, the
number of police officers involved and the use of special means during the operation. The
author claims that the presence of a prosecutor during such actions cannot guarantee that
detainees will not be abused as the prosecutor represents the public prosecution in court
against such persons in detention. The absence of such critical information illustrates the
arbitrariness of inspections in closed institutions and the violation of the rights and
freedoms of persons deprived of their liberty.
6.5
Furthermore, the prosecutor’s office once again confirmed that the author, together
with 19 other detainees, had lodged a complaint with it. The author asserts that this
complaint was about the ill-treatment and physical violence during the inspection of the
detention cells and not about the seizure of prohibited items as alleged by the State party.
The author requested measures against the police officers who tortured him in order to
punish him, providing the names of the police officers who had conducted the inspection
and subjected him to ill-treatment, the circumstances and the specific acts of violence.
6.6
The author’s complaint of ill-treatment during the inspection was not handled
properly by the prosecutor’s office. The investigator did not take all the necessary
investigative steps to establish the true reasons for the author’s self-inflicted harm (the cuts).
He did not investigate the author’s allegations of torture. The reason why the author cut
himself was in order to attract attention and to protest against the beatings that he had been
subjected to by the police officers. The author was tortured as a form of punishment for his
protest.
6.7
Finally, the author reiterates that he has exhausted all the available domestic
remedies.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 97 of its rules of procedure, whether the communication is
admissible under the Optional Protocol.
7.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
7.3
The Committee takes note of the author’s claim that he has exhausted all the
domestic remedies available to him. In the absence of an objection by the State party, the
Committee considers that the requirements of article 5 (2) (b) of the Optional Protocol have
been met for the purposes of admissibility with regard to the author’s claims under article 7,
read alone and in conjunction with article 2 (3) (a), of the Covenant. The Committee
observes, however, that the author has not demonstrated that he has exhausted the domestic
remedies with regard to his claim that the conditions in which he was detained for four
months were inhuman, in violation of article 10 (1) of the Covenant. Therefore, the
Committee considers that the requirements of article 5 (2) (b) of the Optional Protocol have
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