CAT/C/50/D/479/2011
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (fiftieth session)
concerning
Communication No. 479/2011
Submitted by:
E.E. (represented by his mother L.E.)
Alleged victim:
The complainant
State party:
The Russian Federation
Date of complaint:
26 August 2010 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 24 May 2013,
Having concluded its consideration of complaint No. 479/2011, submitted to the
Committee against Torture on behalf of E.E. under article 22 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainant
and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant is E.E., a citizen of the Russian Federation born in 1966. He claims
to be a victim of a violation by the State party of his rights under article 1, paragraph 1;
article 2, paragraph 3; article 4, paragraph 1 and article 15 of the Convention. The
complainant is represented by his mother L.E.
1.2
By Note Verbale of 23 December 2011, the State party challenged the admissibility
of the communication on ground of non-exhaustion of domestic remedies and given that the
same matter was already examined by the European Court of Human Rights. On 16 May
2012, the Committee, acting through its Rapporteur on New Complaints and Interim
Measures, decided to accede to the State party’s request to have the issue of admissibility of
the communication examined first, separately from the issue of the merits.
The facts as submitted by the complainant
2.1
On 16 April 2002, the complainant, then a bus driver on the route Chekhov–
Moscow–Chekhov, received a phone call from a police officer informing him that the
police needed to question him. Later the same day, two police officers from the Chekhov
District Police Station, without providing any further explanation, apprehended the
complainant near his house.
2