R.P.’s lawyer with regard to the procedural actions of the criminal prosecution authority (the lawyer in his complaint also indicated that he had appealed to the Commissioner with respect to the issue, the person whose rights he was defending had been accepted by the members of the NPM Group, as well as the Commissioner had appealed to the Office of the Prosecutor General of the Republic of Azerbaijan requesting to investigate the case, and referred to the press-release circulated by the Office in this regard), the Sumgayit City Court, taking into consideration expert opinions as well, in its decision concluded that the fact that R.P. had been subjected to torture and cruel treatment during investigation was present and commissioned the Sumgayit City Prosecutor’s Office to investigate the fact. The appeal lodged by the Sumgayit City Prosecutor’s Office by being displeased with the decision has been examined pursuant to its jurisdiction by the Sumgayit Court of Appeal and the firstinstance court's decision on the presence of the fact that R.P. was subjected to torture and cruel treatment during investigation has been upheld without variation (it should also be noted that the Sumgayit City Court’s other decision on the rejection of the submission of Sumgayit City Prosecutor’s Office for the extension of the detention on remand ordered in respect of R.P. has been upheld without variation by the Sumgayit Court of Appeal and he has been released from detention). Taking into consideration that the decision of the Sumgayit Court of Appeal is a final decision on the issue, the Commissioner, in order to receive information on the results of the investigation entrusted to the Sumgayit City Prosecutor’s Office, has sent an inquiry to that Prosecutor’s Office. In the received response it is stated that service inquiry has been conducted in the MIA into the complaint that R.P. was subjected to torture and violence by police officers in the Sumgayit CPO and the indicated cases have proved wrong. The response also notes that during the investigation into the mentioned allegation that was conducted in the Sumgayit City Prosecutor’s Office the allegation that the scratches and injuries found on R.P.’s body on entering the Sumgayit CPO TDP were inflicted by police officers was not substantiated and initiation of a criminal case based on the collected materials was rejected as it was found out that R.P. sustained those injuries before being brought to the TDP. 83