CAT/C/52/D/497/2012
28 June 2008. When he denied any involvement in the crime, he was beaten by two police
officers, K. and O.
2.2
On the evening of 17 July 2008, the complainant’s sister brought him some food and
cigarettes and noticed bruises and abrasions on his body. When she visited him the next
day, she saw also bruises on his nose and on his face, as police officers had beaten him in
the face with a purse, prior to her visit, in an attempt to obtain his confessions in the
robbery. When the complainant’s sister left, a senior investigation officer told three police
officers to stay with the complainant and the other suspect overnight and to get their
confessions.
2.3
The complainant was detained for two and a half days at the CDIA without official
registration, identification, and without access to a lawyer. During interrogations, police
officers tried to force him to confess guilt under torture. Interrogations were conducted
continuously in the absence of a lawyer and the complainant was deprived of food and
sleep.
2.4
During that night, the complainant could hear the screams of B., who was beaten by
police officers. At some point, the police officer O. ran into the room, kicked the
complainant’s leg and said that B. confessed, and that it was his turn to confess. Shortly
after, the complainant was taken to the office where B. was beaten and saw him there, all
bruised and exhausted.
2.5
The complainant was hit with a thick folder on the head by a police officer. Another
police officer, K., grabbed him by his hair and began to shout curses. Then, he was seated
on a chair and one officer kicked him repeatedly in the upper part of his leg. The police
officers hit him on the head, kidneys, dragged him by his hair along the corridor, kicked
and beat him all over the body, knocked him out of his chair, deprived him of sleep, of food
and drink for more than two days. When the complainant lost consciousness, they poured
water on him. He was also threatened with sexual violence if he did not confess. One of the
officers did not torture him, but was giving instructions to the other two officers: “beat him,
no need to talk to him”.
2.6
After the beatings, during the night of 19 July 2008, the complainant was presented
to an investigation officer, for further questioning. He replied incoherently, as he wanted to
sleep and was in pain. On the same day, at 11.40 pm, the complainant and B. were placed in
a temporary detention facility. No medical examination was carried out upon admission,
and no medical assistance was provided, despite the fact that the complainant had bruises
on his back, chest, legs and arms, and there were bumps on his head.
2.7
The complainant was warned that someone would visit him, and that he should
repeat the testimony acceptable to the police, otherwise torture would continue. One person
indeed visited him, who later turned out to be a prosecutor of Rudny. The visitor did not
identify himself and “was not interested in how” the complainant “was mistreated by the
police officers”. In the morning of 20 July 2008, the investigating officer brought a written
testimony to be signed; on this occasion, the complainant saw the ex officio lawyer assigned
to him for the first time. The lawyer advised him to sign the documents in order to obtain
mitigating circumstances. He explains that he signed because he was in pain.
2.8
On 20 July 2008, the complainant was placed in custody in Rudny. His mother saw
him for a few minutes on 24 July 2008, under the supervision of the detention facility’s
officials. She saw her son with bruises on the bare parts of his hands. She advised him to
have his injuries documented, but he replied that this would worsen his situation.
2.9
On 1 August 2008, the complainant was transferred to the temporary detention
facility No. 161/1 of Kostanai (IVS). Upon arrival, he was examined by a medical doctor
who noticed that he had bruises on his body and refused to receive him in the detention
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