CAT/C/52/D/497/2012
concerning his ill-treatment aimed at obtaining his forced confessions are not corroborated
by any evidence and, therefore, are unfounded.
4.4
The State party notes that the complainant confessed guilt during the pre-trial
investigation. The complainant and B. both admitted that they decided to rob the shop in
question on 28 June 2008. On the same day, they entered the shop, B. ordered the
shopkeeper to lie on the ground and they stole 36,000 tenge and three bottles of beer.
However, later in the course of the pre-trial investigation, both co-accused changed their
initial confessions and started denying any involvement in the robbery. The State party
further notes that the complainant’s guilt was duly established during the criminal
proceedings and in court. The court also examined his allegations of ill-treatment during the
pre-trial investigation, but found them to be groundless. In this connection, the State party
points out the statements of the victims and several witnesses confirming that the
complainant and B. did rob the shop on 28 June 2008. It also points out that during the
court proceedings, the police officers K. and O. testified that the complainant, voluntarily,
and in the presence of his counsel, confessed to having committed the robbery, and he also
confessed guilt during a cross-examination between him and the victims.
4.5
The State party further rejects as ill-founded the claims on ineffective and prolonged
investigation regarding the complainant’s alleged ill-treatment and the authorities’ failure to
ensure compensation for harm caused by officials. It reiterates that on 11 May 2010, the
Department of Internal Affairs of the Kostanai Region received the mother’s complaint
about the complainant’s ill-treatment by the CDIA. During the pre-investigation
examination, on 14 May 2010, the complainant requested to terminate any further
investigation into his mother’s complaint, as he had not been subjected to ill-treatment; he
did not contest the court’s judgment and the sentence and he had no claims against anyone.
Consequently, on 17 May 2010, the investigator T.V. of the RDIA decided not to initiate
criminal proceedings as a decision refusing to institute proceedings had already been
adopted in that regard and it had not been quashed. The complainant’s mother’s previous
complaints were examined, but were not confirmed. Consequently, a number of decisions
were adopted refusing to initiate criminal proceedings. All decisions were adopted within
the time limits as set out in national laws.
4.6
As to the issue of redress, the State party points out that under article 42 of the
Criminal Procedure Code, when a court decides to partly or fully rehabilitate a person, the
institution responsible for performing criminal proceedings is obliged to acknowledge that
person’s right to compensation. A partly or fully rehabilitated person is personally informed
of the court’s decision and s/he is informed of the procedure for compensation of damages.
In this connection, the State party notes that the national authorities established that the
complainant was not subjected to any physical or psychological ill-treatment. Moreover, the
courts did not acquit him, nor was a decision adopted to terminate the initiated criminal
proceedings against him or to annul any decision adopted within the criminal proceedings,
as unlawful. Therefore, there were no grounds for compensating him.
4.7
The State party maintains that the complainant’s claims that he did not have access
to effective domestic remedies and that his forced confession was used by the court as
evidence are manifestly ill-founded. The complainant and his defence appealed all judicial
decisions adopted in his case, up to the Supreme Court. In particular, the Rudny City Court
of the Kostanai Region concluded that, inter alia, the complainant’s confessions, as well as
investigation actions confirming his participation in the robbery on 28 June 2008, were
permissible and acceptable, and that the aggregated evidence as a whole was sufficient to
establish his guilt in the robbery. In addition, the judgment of 21 August 2008 of the Rudny
City Court of the Kostanai Region was based not only on the complainant’s confession, but
also on a multitude of other evidence, all examined by the court.
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