CAT/C/62/D/712/2015
investigation department, where the threats against her family continued and where she was
forced to sign documents that had been prepared and printed beforehand. She was
subsequently taken home at 3.30 a.m. The next morning, a Federal Security Service agent
broke into her apartment 1 and took her to the regional Federal Security Service office
building, where she was forced to wear a wiretapping device and make audio recordings of
a telephone conversation with B.I.A., who was later convicted together with the
complainant for the same crime. The text she was forced to read out stated that she had
given 30,000 Russian roubles (Rub) to Ch. so that he would change his testimony in
another criminal case. Her request for forensic expertise, which would have proved that the
telephone recordings were falsified, was refused by the court.
2.3
The complainant submits that the case file contains a warrant issued by a judge for a
wiretap on her phone and the confiscation of her mail, but she maintains that the warrant
was issued after her illegal detention. 2 She alleges that the warrant stated that officers were
currently carrying out an investigation in her regard, indicating that, at the time the warrant
was issued, Federal Security Service agents were already keeping her under surveillance
and tapping her telephone. Those actions were illegal because of her status as an advocate.
On 8 June 2013 and 27 June 2013, she submitted cassation appeals requesting the regional
court to find the warrant unlawful, however both of her appeals were rejected.
2.4
On 12 July 2012, the complainant was placed in a psychiatric institution against her
will, in order to undergo a mental-health assessment. The admitting doctor informed her
that, if she cared about the safety of her family, she should sign a document confirming that
she had been admitted voluntarily. She then signed the document. She remained in the
psychiatric institution for three weeks, during which period, she was not allowed to go out
for walks, was given substandard food and was forced to take psychotropic drugs that she
did not require. She was discharged on 6 August 2012, with a diagnosis of acute stress and
declared fit to stand trial.
2.5
On 13 February 2013, the complainant was found guilty by the Zasviyazh’ye
District Court of the offence of bribing a witness to change his testimony under article 309
of the Criminal Code of the Russian Federation and fined 40,000 Rub. 3 On 1 July 2013, the
Ulyanovsk Regional Court upheld the decision of the trial court.
2.6
The complainant submits that she has exhausted the available domestic remedies,
given that she lodged separate appeals against her conviction with the courts and with the
Prosecutor’s Office, in which she complained about the treatment she had endured. Both of
those appeals were ignored.
The complaint
3.1
The complainant claims that her rights under article 1 of the Convention were
violated by the State party, since she was subjected to torture in the form of detention in a
hot car for several hours, death threats and placement in a psychiatric hospital by State
officials attempting to force her to confess to bribing a witness to change his testimony.
3.2
She further claims that her rights under article 2 of the Convention were violated, as
the State party did not take effective administrative, judicial or other measures to prevent
the acts of torture against her either before her detention or during the pretrial investigation.
3.3
She claims that her rights under articles 4, 12 and 13 of the Convention were
violated, given that the State party authorities failed to conduct a prompt and impartial
investigation into her allegations of torture.
1
2
3
2
The complainant does not provide details of the break in.
The complainant’s allegation that the warrant was issued after she was arrested is based on the text of
the warrant, which states that, on 3 June 2012, as a part of its inquiries, the regional office of the
Federal Security Service received information regarding bribery and that officers were investigating
the possibility of a link with Olga Shestakova in that regard.
Approximately €1,000.