CAT/C/50/D/479/2011
2.2
The complainant was brought to the Chekhov District Police Station, where police
officers started to threaten him and beat him on the head. They asked him to confess the
killing of one Ms. I.B., who had disappeared on 15 April 2002, while on her way from
Moscow to Chekhov by bus.
2.3
The complainant claims that initially he was not informed of his right to be
represented by a lawyer, he was not officially charged with any crime, and his arrest was
not registered at the police station.
2.4
On 18 April 2002, a forensic–medical examination was performed on the
complainant. No injuries were found on his body.
2.5
On the night from 19 to 20 April 2002, four police officers brought the complainant
to a remote forest area. He submits that he was handcuffed and his head was covered with a
hood. He was offered a “last chance” to confess guilt, otherwise he would be killed. The
officers started beating him, and he was pushed on his knees very close to a bonfire. One of
his knees was burnt by the fire. He was also beaten in the kidneys liver and area, on back
and his ribs and was again threatened with murder. The officers also threatened to kill his
wife and daughter. Thereafter, the complainant was taken back to the temporary
confinement ward at the Chekhov District Police Station.
2.6
On 20 April 2002, the complainant’s counsel visited him and he informed her that
he was frightened, as he was under constant threats. He told her about the events of the
night from 19 to 20 April 2002. On the same day, counsel complained to the Moscow
Region Prosecutor’s Office about the complainant’s ill-treatment and threatening.
2.7
During the night from 21 to 22 April 2002, three unknown men entered the
complainant’s cell. One explained that he was the Head of the Criminal Police of Chekhov
city. After having threatened the complainant and his family, the men left. The following
night, several other officers came into his cell, along with the relatives of the missing Ms.
I.B. The complainant was again threatened to be killed if he did not confess guilt.
2.8
On 22 April 2002, the Senior Inspector of the Moscow Region Prosecutor’s Office
of Chekhov city ordered a forensic-medical expert’s examination of the complainant, which
was carried out on 7 May 2002. During the examination, the complainant explained to the
forensic expert that he had acute pain in the chest and that he felt dizzy. He claims that in
reply, the expert, orally, told him that his ribs were broken. However, according to the
record of the forensic examination, only a small, already healing wound was found on the
complainant’s left knee. According to the record, the wound in question could have been
caused as a result of high or low temperature, by a curved object or by chemical substances.
As a result, on 28 June 2002, the Senior Inspector of the Moscow Region Prosecutor’s
Office of Chekhov city refused to initiate criminal proceedings with respect to the
complainant’s ill-treatment claims.
2.9
The complainant submits that he finally confessed having committed the crime he
was charged with as a result of the torture, threats and ill-treatment suffered. On an
unspecified date in November 2002, he was transferred to the Serpukhov city prison, where
torture and ill-treatment allegedly continued.
2.10 On 11 March 2003, the Moscow Regional Court found the complainant guilty, inter
alia, under article 131, paragraph 3 (rape) and article 105, paragraph 2 (murder in a group
of persons) of the Criminal Code and sentenced him to 21 years of imprisonment. On
appeal, on 13 May 2003, the Supreme Court upheld the judgment of 11 March 2003. The
complainant submits that, during the court trial, his counsel requested the Moscow
Regional Court to take into account the issue of torture and the injury as established by the
forensic-medical expert on 7 May 2002, but the court rejected this request.
3