CAT/C/62/D/712/2015 3.4 She claims that her rights under article 15 of the Convention were violated, because the courts took into account her forced confessions when ruling that she had committed an offence. State party’s observations on admissibility and the merits 4.1 By a note verbale of 23 May 2016, the State party challenged the admissibility of the complaint and provided its observations on the merits. The State party submits that the Committee shall not consider any complaint with regard to which domestic remedies have not been exhausted. The State party notes that, in accordance with article 401 (3) of the Code of Criminal Procedure of the Russian Federation, appeals against court decisions that have already entered into force may be lodged with the cassation instance of a regional court, or to the Judicial College on Criminal Cases of the Supreme Court of the Russian Federation. The State party further notes that, by its decision in Abramyan and Others v. Russia, applications Nos. 38951/13 and 59611/13, dated 12 May 2015, the European Court of Human Rights concluded that the cassation review procedure constituted an effective domestic remedy. 4.2 The complainant did not submit a cassation appeal against the rulings of the first and second instance courts, either to the Presidium of the Ulyanovsk Regional Court or to the Judicial College on Criminal Cases of the Supreme Court of the Russian Federation. 4.3 Since the complainant failed to exhaust that remedy, her complaint must be considered by the Committee to be inadmissible under article 22 of the Convention. 4.4 The State party claims that the complainant’s allegations were duly investigated by the courts of first and second instance and were found to be false. The courts rightly found them to be unsubstantiated and provided convincing motives in their decisions. 4.5 The State party states that the complainant was not detained under articles 91 and 92 of the Russian Code of Criminal Procedure. Six different witnesses confirmed that the complainant was not detained. The fact that some of the documents in the case contain the word “detention” does not mean that the complainant was detained but rather that she was caught at the crime scene. 4.6 Allegations of law enforcement agents placing unlawful pressure on the complainant after she was caught at the scene of the crime have not been confirmed by the investigation.4 4.7 The complainant’s allegations that she was forced to sit in a vehicle with running engine and into which exhaust fumes were entering, that she was unlawfully and forcibly transported to the regional office of the Investigation Department, that she was followed by Federal Security Service agents and that her house was broken into have not been objectively proven. Three Federal Security Service agents were questioned by the trial court and testified that they knew nothing about those allegations. 4.8 Witness Ch. stated that, on 3 July 2012, he met with the complainant at her behest so she could give him money for changing his testimony in the case against Y.T.K. He arrived at the scene in his car and, after the complainant got inside his vehicle, she gave him the agreed sum of 30,000 Rub.5 Subsequently, several law enforcement agents approached the vehicle and started to fill out the necessary paperwork. While they were doing that, the complainant sat in the front seat of the car and was not threatened or pressured by the agents. 4.9 The court was correct in its assessment of Ch.’s character, his ability to assess actions and provide testimony and in concluding that there was no need for him to undergo a psychiatric examination. 4.10 Ch. denied that he was a client of the complainant, explaining that he had never hired her to represent him, or asked others to hire her on his behalf. 4 5 See para. 4.18. Approximately €750. 3

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