CAT/C/62/D/712/2015
complainant was taken to the psychiatric clinic on 12 July 2012, accompanied by her
mother, where she was diagnosed with an acute reaction to stress.
4.18 The complainant’s allegations of the exercise of unlawful pressure on her by the law
enforcement agents were investigated by the regional office of the Investigation Committee
of the Russian Federation and the military investigation unit of the regional garrison. 10 They
refused to open a criminal investigation into those allegations due to the lack of corpus
delicti. There was no abuse of authority found in the actions of the law enforcement agents.
4.19 It shall be noted that the complainant did not lodge an appeal with the courts against
the refusals to open a criminal investigation, as envisaged in article 125 of the Russian
Code of Criminal Procedure.
4.20 Thus, the State party considers that no violations of the Convention were committed
with respect to the complaint.
Complainant’s comments on the State party’s observations
5.1
On 6 October 2016, the complainant provided her comments on the State party’s
submission. She rejects the State party’s claim that the cassation review procedure
constitutes an effective domestic remedy, as found by the European Court of Human Rights
in Abramyan and Others v. Russia dated 12 May 2015. She further notes that, since the
Committee against Torture operates independently of the European Court of Human Rights,
the State party cannot substantiate its claims with European Court of Human Rights
jurisprudence.
5.2
She further notes that, during her legal training, she had been told by her lecturers,
who were Russian Supreme Court judges, that all cassation appeals are denied
automatically and that advocates should not lodge them on behalf of their clients.
5.3
The complainant reiterates that she exhausted all domestic remedies. The exhaustion
is evidenced by the fact that the decision of the national court against her has entered into
force, as required by the Committee, and appeal to the cassation court would not be an
effective remedy in line with the requirements set out in article 22 paragraph 5 (b) of the
Convention.
5.4
According to the complainant, every page of her criminal case file serves as proof
that she suffered torture, cruel and inhuman treatment, because the allegations against her
contradict the video and audio recordings used in the case and other available evidence.
5.5
The complainant reiterates that she was detained against her will for seven and a half
hours, first in her client’s car, where she suffered torture, and then in the car of the head of
unit of the regional office of the Federal Security Service, Sh.I.I., who took her to the
offices of the regional office of the investigation department. When she arrived at the
offices of the investigation department, all of the relevant documents had already been
prepared by the investigator, including the crime report protocol, the complainant’s
affidavit, and the crime scene examination protocol, which she was forced to sign under
threats of torture, death and harm to her family. Moreover, the 220,000 Rub allegedly found
in her purse were planted there in the investigator’s office.
5.6
The complainant further states that, after being tortured, she complained to the law
enforcement agencies on several occasions, with the first complaint being filed on 8 July
2012. 11 The military investigation unit of the regional garrison and the Investigative
Committee of the Russian Federation should have looked into her complaints, however, the
latter forwarded the complaints for investigation to the very officials against whom she was
complaining. The officials failed to call in for questioning either the complainant or her two
witnesses, who had information about her kidnapping and torture.
10
11
The military investigation unit of the regional garrison is a part of the Investigative Committee of the
Russian Federation, the body responsible for internal criminal investigations within the police force
and the military.
The complainant has not provided any proof of a complaint being filed on 8 July 2012.
5