CAT/C/62/D/712/2015 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 9 January 2018 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 712/2015*, ** Communication submitted by: Olga Shestakova (unrepresented) Alleged victim: The complainant State party: Russian Federation Date of complaint: 27 May 2014 (initial submission) Date of adoption of decision: 28 November 2017 Subject matter: Torture in detention Procedural issue: Non-exhaustion of domestic remedies Substantive issues: Torture — prompt and impartial investigation Articles of the Convention: 1, 2, 4, 12, 13 and 15 Background 1. The complainant is Olga Shestakova, a national of the Russian Federation born on 27 March 1973. She claims to be a victim of a violation by the Russian Federation of her rights under articles 1, 2, 4, 12, 13 and 15 of the Convention. The complainant is not represented by counsel. She is an attorney by profession. The facts as presented by the complainant 2.1 On 3 July 2012, the complainant was arrested at 8 p.m. by Federal Security Service agents while she was meeting her client Ch. in his car. She submits that, at the time of arrest, no arrest warrant was shown, and therefore, her arrest was illegal. The complainant further alleges that she was not allowed to exit the vehicle, which had its motor running and into which exhaust fumes were entering. Despite the fact that the outside temperature was 30 degrees Celsius, the heating of the vehicle was on and she could not turn it off. The complainant suffered from the heat and she felt that she was suffocating, a situation which she considers amounts to torture. She was kept in the car for several hours. 2.2 The complainant further submits that the arresting officers issued death threats against her and her family. While she was in the car, an acquaintance called her on her mobile telephone; she answered and told him that she was detained. At that point, the officers took her mobile telephone from her hands. She was then transported to the regional * Adopted by the Committee at its sixty-second session (6 November–6 December 2017). ** The following members of the Committee participated in the examination of the communication: Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller-Rouassant, Jens Modvig, Sapana Pradhan-Malla, Ana Racu, Sébastien Touzé and Kening Zhang. GE.18-00325(E) 

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