CAT/C/63/D/637/2014 detention of the complainant and the medical care provided in the facility were in line with the requirements of the relevant national legislation. The complainant was not subjected to coercion, special measures or disciplinary sanctions during his detention. Complainant’s comments on the State party’s observations on admissibility 5.1 On 5 August 2015, the complainant informed the Committee that the European Court of Human Rights had found his applications inadmissible on procedural grounds, without considering them in substance. Thus, his submission should thus be declared admissible in accordance with article 22 (5) (a) of the Convention. 5.2 The complainant submits that his original submission to the Committee concerned ill-treatment by the police to extract forced confessions at the investigation stage of his criminal case, and that the State party’s observations on the conditions of detention in SIZO No. 1 are therefore irrelevant to the case. State party’s observations on the merits 6.1 On 22 June 2017, the State party submitted its observations on the merits of the case. It recalls that the complainant was arrested on 22 September 2007 at 7 a.m. at a crime scene. He made no complaints at the time of arrest. He was searched in the presence of two witnesses and signed the arrest record without complaints or remarks. His parents were duly informed about the arrest. As it transpired from the arrest documentation, there was an exchange of gunfire between the suspects and the police, and the complainant may have received bodily injuries during the process of arrest. 6.2 The complainant underwent a medical examination on 22 September 2007, at the Department of Internal Affairs in Ponomarevka, in the presence of two witnesses. The following injuries were recorded on that occasion: a purple-bluish bruise on the lower eyelid of his left eye, measuring 3 x 2 cm; an abrasion with a brownish sunken lower layer of unclear shape on the left side of his forehead, measuring 1 cm2; and purple-bluish bruises measuring between 25 x 10 cm and 3 x 2 cm, on the back, in the middle third of the left shoulder, in the middle third of the left thigh and on the dorsum of the left foot. 6.3 On 22 September 2007, the complainant was interrogated as a suspect, in the presence of a lawyer, N. He stated that there had been a shooting during the arrest and that he had wounded a police officer in the leg. Both the complainant and his lawyer signed the arrest record, without making any observations or objections. On 23 September 2007, the complainant was interrogated as an accused person, in the presence of the same lawyer. He gave similar statements and signed the record without making any complaints. 6.4 The complainant confirmed his statements on 11 December 2007, when presented with the final charges. The record was again signed by him and his lawyer and no complaints were made. 6.5 The criminal case materials show that neither the complainant nor his representatives reported beatings and torture until February 2009. On 11 February 2009, the parents of the accused persons submitted a claim to the Supreme Court of Bashkortostan regarding inadmissibility of the statements of the co-accused, including the complainant, as the statements had allegedly been made under torture, during the arrest and in detention. Similar complaints were then filed with other authorities in April 2009. No complaints were made by the complainant at the stage of the pretrial investigation. 6.6 On 13 April 2009, in the absence of the jury, the accused were questioned on the allegations of torture. They refused to answer the questions of the prosecutor. The court found that the complainant’s injuries had been inflicted by the police during the arrest because of the armed resistance to the police by the complainant and his co-accused. The court decided to retain as evidence the initial statements of the complainant given at the pretrial stage. 6.7 According to the answer from the prosecutor’s office in Bashkortostan to the complainant’s mother, dated 3 April 2009, during the arrest the complainant and the rest of the group were ordered to remove their clothes on account of security considerations, in order to guarantee the safety of the police officers and prevent the possibility of a terrorist 4

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