CCPR/C/123/D/2249/2013
addressed to the General Prosecutor personally. He also claimed that neither the trial court
nor the cassation court knew that he had been unlawfully interrogated and detained on the
night of his mother’s death, and that this should be viewed as a new circumstance in the
case and serve as grounds for a new trial. The author submitted that on 26 May 2014,
Sosnovskiy District Court had denied his complaint against the Pavlovskiy interdistrict
office of the Investigative Committee for failure to investigate his claims against his former
lawyer. He noted that the court had reviewed his complaint in his absence, although he had
specifically motioned the court to provide for his presence during the hearing.
State party’s further observations on the merits
9.1
In a note verbale dated 7 April 2015, the State party noted that a review of the
arguments made by the author in his defence during the trial had shown that he had not
made any statements regarding his treatment while in detention or regarding violation of his
right to defence. His line of defence was that he did not cause the injuries that led to the
death of his mother. When reaching the verdict, the court took into consideration, inter alia,
his confession made during the pretrial investigation. In his cassation appeal filed on 5
September 2007, the author asked the court to find the confession he had given during the
pretrial investigation inadmissible as he had been in a state of shock from what had
happened and had been under the influence of alcohol. He did not provide any other
grounds for inadmissibility of his confession.
9.2
Starting from 2008, the author submitted several appeals for a supervisory review.
On 27 June 2008 he submitted his first appeal, in which he claimed that his confession had
been coerced by the police. On 7 July 2008, that appeal was denied by the Supreme Court
of the Russian Federation. On 1 August 2011, he submitted another appeal, in which he
added that his lawyer had not provided him with quality legal assistance. That appeal was
denied by Nizhegorodskiy Regional Court on 31 August 2011. On 20 December 2011, the
author submitted another appeal containing allegations of police coercion. On 17 January
2012, that appeal was denied by the Chairperson of Nizhegorodskiy Regional Court.
9.3
The State party noted that the author’s allegations of failure by his lawyer to provide
quality legal assistance had also been subject to several inquiries by investigative bodies.
On 29 November 2010, the Pavlovskiy interdistrict office of the Investigative Committee
refused to initiate a criminal investigation into the author’s complaint against his lawyer
due to a lack of corpus delicti. That refusal was annulled on 25 October 2013 by the
Sosnovskiy district prosecutor’s office. An additional inquiry into the complaint resulted
again in a refusal to initiate a criminal investigation, on 4 December 2013. The last such
refusal was issued by the investigative bodies on 3 July 2014. The State party noted that all
inquiries had been examined by the Office of the General Prosecutor of the Russian
Federation, with the author notified about this on 3 September 2014.
9.4
The State party noted that national courts had twice reviewed the author’s
complaints under article 125 of the Criminal Procedure Code 10 about unlawful actions by
his lawyer, by the deputy district prosecutor and by the investigator from the Pavlovskiy
interdistrict office of the Investigative Committee, on 27 April 2011 and 26 September
2014. Both complaints had been denied.
9.5
On 22 April 2014, the author’s lawsuit against his former lawyer for moral damages
was denied by Sosnovskiy District Court. That decision was upheld by Nizhegorodskiy
Regional Court on 22 July 2014.
9.6
The State party submitted that, on the basis of the above-mentioned court reviews
and inquiries, it deemed the author’s allegations of mistreatment while in detention and of
violation of his right to quality legal assistance to be unsubstantiated.
10
According to article 125, decisions of the inquirer, the investigator and the public prosecutor to refuse
to institute a criminal case or to terminate a criminal case, as well as other decisions and actions or
omissions, which may infringe the constitutional rights and freedoms of the participants in criminal
court proceedings or may interfere with citizens’ access to the administration of justice, may be
appealed against to the district court at the place at which the preliminary investigation was conducted.
5