CCPR/C/126/D/2410/2014 1. The author of the communication is Yury Orkin, a national of the Russian Federation born in 1964. He claims that the State party has violated his rights under articles 7, 9, 14 (1), (2), (3) (b), (d) and (e) and (5), and 15; and 2 (2) and (3) (a), read in conjunction with 14 (5), of the Covenant. The Optional Protocol entered into force for the State party on 1 January 1992. The author is not represented by counsel. The facts as submitted by the author 2.1 On 13 September 2005, at 2 a.m., when the author was spending the night at his friend’s apartment in Bogotol, several men in civilian clothes broke into the apartment without identifying themselves. Upon entering, the men started beating the author and his friend. Subsequently, the author was taken, handcuffed, to a nearby river where he was subjected to further physical ill-treatment, including drowning, and psychological pressure for more than three hours. The men, who then told the author that they were police officers, asked him to confess to the killing of four people and wounding another one two days prior. The author submits that the fact that he was taken to the river and beaten there was confirmed by a witness during the trial. 1 2.2 After the author refused to confess to anything, at 5 a.m., he was taken to the local police department where he was again beaten and held for 15 hours in handcuffs and wet clothes, without food or water. At 7.30 p.m., the author was finally taken to the office of the investigator of the Krasnoyarsk Region Prosecutor’s Office for formal questioning. The author demanded to be given access to a lawyer and an explanation of the grounds on which he was being detained. He also complained about the injuries, clearly visible on his face, that he had sustained at the hands of the police officers. However, the investigator ignored his injuries and told him that he would be detained without providing reasons. 2 2.3 The lawyer, called in and appointed by the investigator, was not interested in any details of the author’s detention and ignored his injuries. On 15 September 2005, the author was declared a suspect in another crime and at 10 a.m. on the same day taken to the Bogotol District Court, which sanctioned his arrest.3 The author’s appointed lawyer failed to attend the court hearing. A new lawyer was assigned to the author only on 20 September 2005. However, by then, the three-day period to appeal his arrest had already passed. 4 2.4 On 20 September 2005, the author submitted a complaint to Krasnoyarsk Region Prosecutor’s Office about the injuries that he had sustained during his detention. On 21 September 2005, the author underwent a forensic medical examination, which revealed injuries to his face, arms and legs that had been caused at least three to five days prior to the examination. Based on the examination report, the author submitted a complaint to the Krasnoyarsk Region Prosecutor’s Office claiming that the injuries had been caused by the police. However, the complaint was examined by the same investigator who had investigated his case and ignored his injuries when he had first complained about them on the night of his arrest. On 14 October 2005, the Bogotol Inter-district Prosecutor’s Office refused to open a criminal case against the police due to the lack of corpus delicti. The Prosecutor’s Office determined that the police had acted within their powers while detaining the author since he had resisted his arrest and had to be subdued, which had caused his injuries.5 1 2 3 4 5 2 A copy of the court transcript shows that one of the witnesses during the author’s trial testified that he had been beaten and threatened by the police with being “taken to the place where they had drowned the author”. The detention report signed by the investigator lists the reason for the author’s detention as “there are other reasons to believe that the detained person was trying to escape”. The report contains no record of any injuries. The documents show that the Court sanctioned the author’s arrest only for the second crime. A supervisory appeal was submitted by the author to the Krasnoyarsk Regional Court on 27 May 2013. On 8 October 2013, the Krasnoyarsk Regional Court denied the appeal. Submitted documents show that the Prosecutor’s Office refused, on two more occasions, to open a criminal case against the police after the refusals were quashed by higher ranked prosecutors. On 22 April 2014, the refusal was confirmed by the Bogotol District Court after being appealed by the author.

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