CAT/C/48/D/433/2010

United Nations

Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment

Distr.: General
10 July 2012
Original: English

Committee against Torture

Communication No. 433/2010
Decision adopted by the Committee at its forty-eighth session, 7 May–1 June 2012

GE.12-43985

Submitted by:

Alexander Gerasimov (represented by the
Open Society Justice Initiative and the
Kazakhstan International Bureau for Human
Rights and the Rule of Law)

Alleged victim:

The complainant

State party:

Kazakhstan

Date of complaint:

22 April 2010 (initial submission)

Date of decision:

24 May 2012

Subject matter:

Failure to carry out a prompt and impartial
investigation into torture allegations, to bring
perpetrators to justice and provide full and
adequate reparation;

Procedural issues:

Ratione temporis; exhaustion of domestic
remedies; withdrawal of complaint before the
Committee

Substantive issues:

Torture; severe pain or suffering; effective
measures to prevent torture; prompt and
impartial investigation wherever there is
reasonable ground to believe that an act of
torture has been committed; right to complain
to, and to have his case promptly and
impartially examined by, competent
authorities; right to fair and adequate
compensation; interference with the right of
petition under article 22

Articles of the Convention:

1; 2; 12; 13; 14; 22

Select target paragraph3