CAT/C/61/D/661/2015
2.3
The complainant submits that on the same date, Dmitry was subjected to torture with
the aim of extracting his confession. The police officers beat him and broke his ribs.
Thereafter, Dmitry’s state of health deteriorated. The administration of the detention facility
had to call an ambulance four times: twice on 30 April 2011, then again on 3 May and on 7
May.
2.4
Starting on 30 April 2011, A.D., the chief of the detention facility, consistently
rejected requests for Dmitry Rakishev to be hospitalized despite the recommendations of an
emergency ambulance medical doctor. The doctor had twice mentioned the necessity of the
hospitalization in the detention facility’s record book. Subsequently, these notes were
secretly removed from the records.
2.5
On 3 May 2011, the complainant’s son told the medical personnel of the detention
facility about pain in the right side of his body. On 5 May, he complained about headaches
and an overall feeling of exhaustion. He was then taken to a local out-patient hospital for
medical examination, where it was established that two of his ribs had been broken. The
medical doctor who examined Dmitry ordered his immediate hospitalization. The doctor
also explained to the detention facility’s medical doctor, who had accompanied Dmitry, that
if he was not hospitalized he could die. The facility’s medical doctor reported to the chief of
the detention facility about the recommendation to hospitalize Dmitry. Nevertheless, the
chief rejected the recommendation.
2.6
The complainant further submits that on 7 May 2011, his son’s health deteriorated
dramatically and he was taken to Stepnogorsk Central Hospital. He was examined, and it
was established that he had two broken ribs, pneumothorax and stage 2 pneumonia. In the
evening of the same day, three doctors of the hospital, including two surgeons, decided that
it was not necessary to hospitalize him.
2.7
On 8 May 2011, at 7.58 a.m., Dmitry was found dead in his cell at the Stepnogorsk
temporary detention facility. On 10 May, a forensic medical examination was performed.
According to the examination report, he had died from stage 2 pneumonia. On 11 May, the
complainant requested the head of the Department of Internal Affairs of Stepnogorsk to
perform another forensic medical examination on his son, inter alia on the grounds that he
had internal injuries, such as broken ribs, which he had sustained after he was detained in
the temporary detention facility. A second forensic medical examination was performed
and, according to the examination report of 9 June 2011, Dmitry had pneumonia, broken
ribs and failure of several internal organs due to lung failure. The forensic experts also
concluded that he had several light bodily injuries inflicted on him 8-15 days before the
forensic examination.
2.8
The complainant also submits that on 26 June 2011, criminal proceedings
concerning his son’s ill-treatment were initiated under article 103, paragraph 1, of the
Criminal Code of Kazakhstan for the serious injuries suffered by his son.
2.9
On 1 September 2011, another forensic medical examination was performed and it
was concluded that serious bodily injuries had been inflicted on him several days before his
death and that if he had received adequate and timely treatment in a hospital, his death
would have been prevented.
2.10 The complainant submits that on 30 October 2011, the Department of Internal
Affairs of Stepnogorsk initiated criminal proceedings against the doctors who refused to
hospitalize Dmitry. On 8 May 2012, the criminal case was terminated by the Office of the
Prosecutor of Stepnogorsk for lack of evidence that a crime had been committed.
2.11 On 7 September 2012, the Stepnogorsk City Court found A.D., the chief of the
Stepnogorsk detention facility, guilty of having committed a crime under article 316 (2) of
the Criminal Code (negligence) and sentenced him, inter alia, to three years of
imprisonment, suspended for two years. However, on the occasion of the twentieth
anniversary of the independence of Kazakhstan, the court released A.D. pursuant to article
3 of the law on amnesty on the occasion of the independence of the Republic of Kazakhstan.
2.12 On 18 September 2012, the complainant appealed the judgment of the Stepnogorsk
City Court of 7 September. He requested that the case be sent for further examination; that
his civil claim concerning compensation for non-pecuniary damages be satisfied; and that it
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