CAT/C/52/D/497/2012 and only then he was transferred to the Colony No. 164/8 for detainees infected with tuberculosis. 2.16 On 21 November 2008, the complainant’s mother complained to the RDIA pointing to a number of deficiencies of the investigation concerning the complainant’s ill-treatment by the CDIA officers, inter alia, noting their failure to interview the complainant and to take statements from witnesses. On 5 December 2008, the RDIA decided not to initiate criminal proceedings thereon. 2.17 On 8 January 2009, the Rudny City Prosecutor’s Office quashed the CDIA’s refusal of 9 November 2008 to initiate criminal proceedings and sent the materials back for further investigation. The investigation was again carried out by the CDIA, where the complainant was ill-treated. On 20 December 2008, the CDIA again refused to initiate criminal proceedings. On 30 April 2009, the decision was reversed by the Rudny City’s Prosecutor and the case materials were sent back for additional investigation. On 12 March 2009, the CDIA refused to have criminal proceedings initiated. 2.18 On 25 May 2009, the CDIA again refused to initiate criminal proceedings. This refusal was again quashed by the Rudny City Prosecutor on 17 June 2009. On 29 September 2009, the complainant’s mother filed an application with the Head of the Department of Internal Affairs of the Kostanai Region, requesting that the investigation be transferred to another body, claiming that CDIA officers had an interest in the case, and that the investigation lacked impartiality and was superficial. The case was then transferred from the Department of Internal Security to the RDIA, which, however, was under the same chain of command. After a summary questioning of a number of police officers, the RDIA refused to initiate criminal proceedings due lack of evidence. 2.19 On 28 April 2010, the complainant’s mother complained about the delayed investigation regarding her son’s ill-treatment to the Ministry of Internal Affairs in Astana. The fact that the investigation was delayed for 21 months, and the violations committed by police officers were rendered public by the complainant’s mother during a press conference organized on 12 May 2010. On 17 May 2010, the Prosecutor’s Office of Kostanai Region upheld the decision of the Department of Internal Security of 1 March 20103 not to institute criminal proceedings against the police for of lack of evidence. The decision was based on the complainant’s sentence handed down by the Rudny City Court on 21 October 2008, where the court found the complainant’s allegations of forced confessions unfounded. The complaint 3.1 The complainant claims that the treatments inflicted on him to force him to confess guilt shortly after his apprehension, in the absence of a lawyer, amounts to torture within the meaning of article 1 of the Convention. He was beaten for a long period of time and sustained injuries of different severity. Moreover, during long interrogations, he was deprived of food, drinking and sleep for two days, which exacerbated his suffering. 3.2 Further, he claims that the State party failed to establish adequate safeguards against torture and ill-treatment. His apprehension and subsequent detention by the police were not registered and he had no access to a lawyer after his apprehension, which facilitated his torture at the hands of police, contrary to article 2 (1) of the Convention. Relatives and other people have seen him before his apprehension and they can confirm that he had no injuries. The injuries he sustained remained undocumented because he was intimidated and forced to affirm that they were not the consequence of beatings by police officers. 3 The complainant had no knowledge of this decision and has never received a copy of it. 5