Example: Attorney: “Criminal proceedings under the case of torture inflicted on my defendant was instituted, but then terminated. The prosecutor’s offices connive at cases of torture”.222 Example: Attorney: “In August 2011, I submitted a complaint to the district prosecutor’s office, but received no reply yet. No measures are taken. The prosecutor’s office ignores cases of torture”.223 Example: Attorney: “In June, I submitted a complaint to the district prosecutor’s office. Institution of criminal proceedings was denied. The prosecutor’s office does not want to combat torture”.224 Example: Attorney: “I complained to the city prosecutor’s office. They prescribed examination that found insignificant bodily injuries resulting from torture. However, no criminal proceedings were instituted”.225 Example: Attorney: “I complained to the city prosecutor’s office. No measures have been taken. We have not even received any reply. Authorities do not want to take any measures to eradicate torture”.226 One of the interviewed attorneys drew the monitoring team’s attention to the case of direct pressure exerted on him by a prosecutor’s office member. Example: Attorney: “I addressed my complaint to the Oblast Prosecutor. Later on a prosecutor of the Oblast Prosecutor’s Office Unit invited me and asked to write a note to explain how I got pictures of my defendant with signs of beatings”.227 Lack of analyses of the existing judicial practice pertaining to cases of torture and respective explanations from the Plenum of the KR Supreme Court, which are long overdue, is one of the reasons why courts are ineffective in terms of considering cases of torture. It also explains why there is not a single court decision on finding officials guilty of inflicting torture. Example: Attorney: “A legal process took place in view of the case of torture. The district court did not prove guilt and acquitted the defendants who were law enforcement members. The court of appeal upheld the decision. A supervisory appeal has been sent to the Supreme Court”.228 Example: Attorney: “I submitted a complaint to the district prosecutor’s office that instituted criminal proceedings, but not under Art. named ‘Torture’, but under Art. 305 (part 2) of the KR Criminal Code. It sent the case to the district court. The latter acquitted four law enforcement officials who were accused of inflicting torture. Now the Supreme Court is considering the case”.229 d. Pressure exerted by accused persons and law enforcement officials on attorneys and their defendants There were two cases in which lawyers said that torture victims’ families refused to make a complaint being afraid of revenge from the law enforcement agencies. In one case, a defendant was beaten and taken to the hospital’s emergency room. Diagnosis: Collapse. Brain concussion. 222 223 224 225 226 227 228 229 Monitoring Report No. А/25/3. Monitoring Report No. А/23/5. Monitoring Report No. А/24/6. Monitoring Report No. А/41/11. Monitoring Report No. А/25/15. Monitoring Report No. А/23/1. Monitoring Report No. А/41/10. Monitoring Report No. А/42/12. 75

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