CAT/C/52/D/497/2012 centre, saying that the complainant would later claim that he was ill-treated in the IVS. The official, accompanying the complainant, was very angry, and the complainant was forced to say that he sustained those bruises when he hit the bed in his previous cell. Only then he was admitted in the IVS. 2.10 On 5 August 2008, three weeks after the complainant’s arrest, his mother saw numerous bruises on various parts of his body during a search in the visiting room of the IVS. She filed a complaint to the IVS administration, requesting them to issue a report about the complainant’s medical condition at the time of admission to IVS. She was provided a note to the effect that the complainant had no claims and that no bodily injuries were disclosed. The author’s mother filed another request for a medical report. She was provided with the same note, with a remark “repeated” to the effect that the complainant had no complaints whatsoever at the time of admission, and no injuries were disclosed upon his admission. 2.11 The complainant filed the first complaint of torture to a prosecutor of Rudny during his visit to the IVS. As a result, the pressure from police increased. Subsequently, on 12 August 2008, he lodged a complaint with the Prosecutor’s Office of the Kostanai Region. On 19 August 2008, his mother also filed a complaint to the Prosecutor’s Office of the Kostanai Region. 2.12 On 5 September 2008, the Prosecutor’s Office of Rudny informed the complainant’s mother that her complaint was forwarded to the Department of Internal Security of the Department of Internal Affairs of the Kostanai Region (RDIA), for further action. The RDIA forwarded the complaint for examination to the CDIA. On 19 September 2008, the CDIA refused to initiate criminal proceedings against the police officers due to lack of evidence. 2.13 On 7 October 2008, the complainant’s mother appealed against the decisions of both the CDIA and the Rudny Prosecutor’s Office to the Prosecutor’s Office of the Kostanai Region. On 20 October 2008, the Rudny City Prosecutor’s Office upheld the CDIA’s refusal to initiate criminal proceedings. This decision was quashed by the Regional Prosecutor’s Office on 17 November 2008, due to incomplete investigation. The case was then referred back to the RDIA, for further investigation. 2.14 On 21 October 2008, the Rudny City Court found the complainant and B. guilty of having committed a crime under article 179, paragraph 2 ‘a’, of the Criminal Code (robbery committed in a group) and sentenced the complainant to five years of imprisonment with confiscation of property. The court retained his initial confessions. Although he retracted his confessions during the trial and pointed out the ill-treatment inflicted on him, the court found his claims unfounded and not corroborated by any objective evidence. On appeal, the complainant claimed, inter alia, that his sentence was based on his forced confessions. The appeal was, however, dismissed by the Kostanai Regional Court on 2 December 2008. On 11 December 2008, he requested the Regional Prosecutor’s Office to lodge a protest motion under the supervisory review proceedings against the decision of the Kostanai Regional Court, but the request was rejected. On 23 December 2008, he filed another application for supervisory review, to the Kostanai Regional Court, which was rejected on 12 January 2009. A further supervisory review application was rejected by the Supreme Court on 9 June 2009. 2.15 On 27 December 2008, the complainant started serving his sentence at the Colony No. 161/7. Each time when his mother visited him there, she noticed that his state of health was deteriorating. On 12 November 2009, he was brought unconscious to the Colony’s Medical Unit. In December 2009, he was diagnosed with pneumonia. However, the medication prescribed by the medical doctor and delivered by the complainant’s mother, gave no results. He received treatment at the Colony’s Medical Unit until 28 October 2010 4

Select target paragraph3