CAT/C/61/D/661/2015 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 7 September 2017 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 661/2015*, ** Communication submitted by: Ashim Rakishev (father) and Dmitry Rakishev (son) (represented by counsel, Anara Ibraeva) Alleged victims: The complainant and his deceased son State party: Kazakhstan Date of complaint: 10 January 2014 (initial submission) Date of adoption of decision: 31 July 2017 Subject matter: Torture and death of the complainant’s son following arrest and detention Substantive issue: Torture — prompt and impartial investigation Procedural issue: None Articles of the Convention: 1, 2 and 11-14 Background 1. The complainant is Ashim Rakishev, a national of Kazakhstan born in 1954. He submits the complaint on his behalf and on behalf of his deceased son, Dmitry Rakishev, also a national of Kazakhstan, born in 1980. He claims that Kazakhstan has violated his and his son’s rights under articles 1, 2 and 11-14 of the Convention. The complainant is represented by counsel. The facts as presented by the complainant 2.1 The complainant submits that since January 2011, his son Dmitry was under investigation concerning three cases of theft. He therefore had to report to a local police station on a regular basis. On 28 April 2011, at approximately noon, his son arrived at the Department of Internal Affairs of the city of Stepnogorsk to report. While there, he told his father, the police officers wanted him to confess to having committed a number of crimes. 2.2 On 29 April 2011, Dmitry was sent to the temporary detention facility in Stepnogorsk. At the time of the detention, he did not report having any major health issues or injuries. The medical personnel of the facility examined him and issued a medical certificate indicating that he had a haematoma on his left eye and on his right hand. * Adopted by the Committee at its sixty-first session (24 July-11 August 2017). ** The following members of the Committee took part in the consideration of the communication: Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller-Rouassant, Jens Modvig, Ana Racu, Sébastien Touzé and Kening Zhang. GE.17-15612(E) 

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