CCPR/C/126/D/2697/2015
the author with an effective remedy within the meaning of article 2 (3) of the Covenant. In
particular, the investigation conducted by the prosecutor’s office was not effective and
thorough, because the investigator focused on interviewing only police officers, without
even questioning the author. The investigation materials contain only the explanations of
the officers from the temporary detention centre of the Department of Internal Affairs in the
city of Jalalabad and the statements of some detainees who were prepared to contradict
such accounts, but who later withdrew their previous complaints about torture and inhuman
treatment.
5.5
Besides, during a preliminary examination it is not possible to carry out certain
investigative actions, such as identification parades, interrogations or searches, and thus to
collect evidence in the most effective way, because these investigative actions can be taken
only after opening a criminal case. Furthermore, a preliminary examination does not
produce procedurally admissible evidence. Thus, false testimony does not carry with it
criminal responsibility and explanations given at that stage could be changed later on
without any consequences. Therefore, the statements of the police officers cannot be
regarded as witness testimony since they were not warned of criminal liability for perjury.
5.6
In addition, the author reiterates his claim that the materials collected did not include
either closed circuit television footage of the detention centre’s premises (cells, corridors,
exercise yard, the investigators’ office or other areas of surveillance), or a protocol
establishing the viewing of such video surveillance materials. According to the author,
during his beating, police officers repositioned all the surveillance cameras, and thus
prevented any evidence being recorded. This explains the lack of video footage of the
detention centre’s internal premises.
5.7
The State party does not contest the fact that the author appealed the outcome of the
ineffective preliminary examination. The first and second instance courts assessed the
circumstances of the case, the inaction of the investigator and his conclusion that the police
officers’ explanations were reliable. The courts did not agree with this conclusion because
the investigator did not justify why the police officers’ testimonies were more truthful.
From the point of view of objectivity and fairness, the investigator had to evaluate each
testimony during the examination. The police officers denied the use of force against the
author, as they wished to avoid criminal prosecution. However, under the supervisory
review procedure, the Supreme Court quashed the lower courts’ decisions and upheld that
of the prosecutor’s office to refuse to initiate criminal proceedings. The author notes that
the supervisory review of judicial decisions in the State party is not an effective remedy, as
it seriously limits the right of access to a court and the principle of legal certainty.
5.8
The author affirms that the contradictory claims in the present case could only be
evaluated after initiating criminal proceedings and a number of investigative actions, such
as carrying out a psychiatric assessment, further interviews and a face-to-face encounter
between the author and the police officers concerned.
5.9
The author further contends that he was kept in inhuman conditions in the cells of
the detention centre of the Department of Internal Affairs in the city of Jalalabad.
Conditions in the detention facility were such that he was treated inhumanly and without
respect for his dignity. However, the State party does not respond at all to these allegations
of a violation of article 10 (1) of the Covenant.
Additional observations
From the State party
6.1
On 17 January 2018, the State party reiterated that, on 6 November 2012, an
inspection of the temporary detention centre of the Department of Internal Affairs in the
city of Jalalabad had been conducted by police officers with the aim of finding and seizing
forbidden objects, such as mobile telephones, chargers, batteries and headphones.
6.2
As regards the author’s allegations of physical violence inflicted on him, the State
party again submits that he filed a complaint with the prosecutor’s office of the city of
Jalalabad, asking it to prosecute an officer who had allegedly beat him in his cell. A full and
impartial investigation was conducted in that regard. According to a forensic medical
5