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)