CAT/C/47/D/353/2008 2.3 On 17 February 2006, on his way to work, the complainant was detained by three men carrying police identification and taken to the Solomyanskiy District Police. Allegedly, they filed a report accusing him of an administrative offence for having used inappropriate language despite their warnings. The complainant claims that these accusations are false. On the same day, he was taken to the Svyatoshinskiy District Court, which sentenced him to seven days in detention. He claims that he did not have legal assistance while in administrative detention. 2.4 The complainant submits that in fact his arrest was ordered by the Prosecutor’s Office, which was also investigating his father’s murder. He claims that first he was kept in the Kyiv temporary detention centre, and after two or three days, he was transferred to the Solomyanskiy Police Department, where he was subjected to physical and psychological torture. He was severely beaten and kept in a cell where the temperature was 4° C. He was not allowed to sleep or eat and was threatened that his wife and mother would be harmed if he did not confess to having killed his father. On 24 February 2006, he was again detained by the Prosecutor’s Office as a suspect for the murder of his father and tortured again.1 His health deteriorated significantly and later, he was diagnosed with hypertensive cardiovascular disorder. 2.5 The complainant appealed the decision of the Svyatoshinskiy District Court to the Kyiv Court of Appeal, which annulled the decision and sent the case for re-examination on 4 April 2006. On 20 October 2006, a different judge of the Svyatoshinskiy District Court confirmed that the complainant had committed an administrative offence. 2.6 The complainant submitted another appeal to the Kyiv Court of Appeal against the second decision by the Svyatoshinskiy District Court. On 29 December 2006, it again annulled the decision of the Svyatoshinskiy District Court and sent the case for reexamination by the same court. On 4 April 2007, the third judge of the Svyatoshinskiy District Court decided that the complainant had committed an administrative offence and closed the case again due to the amount of time that had elapsed. The complainant’s third appeal to the Kyiv Court of Appeal was dismissed. His appeal to the Supreme Court was also rejected on 26 December 2007. 2.7 The complainant submits that his claims of torture are supported by a forensic medical report. On 2 March 2006, he complained of the torture to the Prosecutor’s office, which ignored the complaint. The lawsuit he filed with the Solomyanskiy District Court regarding the failure of the Prosecutor’s Office to investigate his torture claims was dismissed. He appealed the decision of the District Court to the Kyiv Court of Appeal, which partly annulled the decision of the former. Namely, it recognized the failure by the Prosecutor’s Office to investigate his claims but did not oblige the Office to conduct the investigation. Therefore, the complainant concludes that any domestic remedies would have been ineffective and unavailable. The complaint 3. The complainant claims he was unlawfully detained and subjected to severe torture in violation of article 2, paragraph 1, and article 12 of the Convention. State party’s observations on admissibility and the merits 4.1 On 24 November 2008, the State party submitted that on 20 May 2003 the Solomyanskiy District Prosecutor’s Office opened a criminal case regarding the illegal captivity of the complainant’s father, Slyusar Sergey, under section 146, part 1, of the 1 The complainant was released on 27 February 2006. 3

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