CAT/C/50/D/479/2011
communication should also be declared inadmissible pursuant article 22, paragraph 5 (a) of
the Convention, as the Committee does not consider any communication which has been or
is being examined under another procedure of international investigation or settlement.
The complainant’s comments on the State party’s observations
5.1
On 5 April 2012, the complainant reiterated that he was found guilty based on his
confession obtained under duress. His counsel requested the Moscow Regional Court to
take into account that, even if the forensic medical examination of 18 April 2002
established no injuries on him, an injury was established on him by the forensic medical
examination of 7 May 2002, but the court dismissed this request. He also points out that the
forensic medical examination of 7 May 2002 was performed on him 18 days after the date
when he was subjected to ill-treatment, and when his injuries had already started to heal. In
his opinion, by delaying his medical examination in 2002, the authorities had tried to hinder
the investigation of his complaint of ill-treatment.
5.2
The complainant further extensively challenges the manner the courts interpreted the
facts and evidence in the criminal case and enumerates alleged procedural shortcoming that
took place during the trial.
5.3
Finally, he contends that his application to the European Court of Human Rights was
dismissed because of non-compliance with the six months’ time limit (article 35 of the
European Convention).
The State party’s further observations
6.1
By its Note Verbale of 22 May 2012, the State party added that, on 16 April 2002,
Mr. B. had informed the police that his daughter had gone missing. On the same date, the
complainant was summoned to the Chekhov District Police Station. He explained that at the
end of his last bus ride the previous day, all passengers had gotten off at the last bus stop
and that, on his way to the bus park, his bus broke. After he repaired it, he drove to the bus
park, where a man was waiting for him to inquire about his daughter’s whereabouts.
6.2
The State party further explained in detail the procedure prescribed by the national
legislation in force at the material time regarding decisions to arrest and detain a person.
6.3
It adds that on 17 April 2002, the complainant was arrested as a murder suspect.
According to the criminal case file materials, he was explained his right not to testify
against himself. On 18 April 2002, he was interrogated, and during the interrogation, he did
not complain about ill-treatment whatsoever. On the same date, a forensic-medical
examination was performed on him, and no injuries were established on the complainant.
On 19 April 2002, during the search of the complainant’s house, no complaints about the
ill-treatment were received either from the complainant’s mother or from the complainant
himself. On 20 April 2002, the complainant’s counsel requested to perform another
forensic-medical examination on the complainant. The request was satisfied on 22 April
2002. On the same date, during another interrogation, the complainant did not confess guilt
and stated that it was one Mr. Ya. who had raped and murdered Ms. I.B. During the said
interrogation, he again did not complain about having been subjected to any ill-treatment.
6.4
On 24 April 2002, Mr. Ya. testified how exactly the complainant committed crimes
against Ms. I.B. Consequently, on 26 April 2002, the complainant was charged with murder
and rape (article 105, paragraph 2 (k) and article 131, paragraph 1, of the Criminal Code).
6.5
During an interrogation on 26 April 2002, the complainant again reiterated his
statements of 22 April 2002 claiming that the crimes were committed by Mr. Ya.; he did
not complain of ill-treatment.
5