CCPR/C/123/D/2249/2013 to her house after his mother had died; by the results of the autopsy, which excluded the possibility of the victim receiving all of her injuries just by falling down the stairs from an upright position; and by other evidence in the case. 5.2 The State party also noted that the author’s lawyer had been appointed by the case investigator in accordance with article 41 of the Criminal Procedure Code and had acted in the interests of the author. Neither at his trial nor at his cassation appeal did the author indicate that any unlawful methods of investigation had been used against him. On 10 April 2012, the author submitted a complaint of unlawful arrest and coerced confession, which resulted in an inquiry in accordance with articles 144–145 of the Criminal Procedure Code6 by the Pavlovskiy interdistrict office of the Investigative Committee and in the subsequent refusal to open a criminal case on 9 May 2012 due to an absence of corpus delicti. The refusal was upheld on appeal by Sosnovskiy District Court on 26 June 2012 and by Nizhegorodskiy Regional Court on 28 September 2012. 5.3 The State party noted that the author had been questioned as a suspect on 3 May 2007 between 11.20 p.m. and 11.45 p.m. and that the circumstances did not allow for the questioning to be postponed. He was questioned immediately after his detention and in the presence of a lawyer who had been assigned to him. The detention and interrogation records on the author show that he did not make any statements about unlawful methods of influence having been used on him. On 4 May 2007, Sosnovskiy District Court arrested him, and detained him for the duration of the pretrial investigation, and that decision was not appealed against by the author. The Pavlovskiy interdistrict office of the Investigative Committee on several occasions refused the author’s complaints in which the author requested that a criminal investigation be initiated into the actions of his lawyer, with the last such refusal dated 4 December 2013. The refusal was later annulled by the head of the Pavlovskiy interdistrict office of the Investigative Committee and the complaint was returned for an additional inquiry. In case the author is not satisfied with the results of the additional inquiry, he will have the right to appeal against the decision in accordance with the procedure established under chapter 16 of the Criminal Procedure Code. Therefore, the author’s claims of violation of his rights have not been found to be substantiated. Author’s comments on the State party’s observations 6.1 In a letter dated 1 April 2014, the author commented on the observations of the State party. He claimed that the violence that had been used against him by the police to extract his confession amounted to a violation of article 7 of the Covenant. The author noted that his first complaint about his lawyer’s failure to provide him with quality legal assistance had been to the prosecutor’s office of Sosnovskiy district, on 14 December 2009. The district prosecutor’s office had transferred his complaint to the Investigative Committee, and on 25 December 2009 the Pavlovksiy interdistrict office of the Investigative Committee had rendered a decision to refuse a criminal investigation into the author’s claims. On 17 November 2010, the head of the Pavlovskiy interdistrict office of the Investigative Committee had annulled the refusal to initiate a criminal investigation and sent the case back for an additional inquiry. During the inquiry, both the author’s lawyer and the investigator in his case refused to testify, 7 and on 29 November 2010 the same investigator from the Pavlovksiy interdistrict office of the Investigative Committee rendered a new refusal to open a criminal investigation. That refusal was again annulled by the head of the interdistrict office on 3 December 2010, however the additional inquiry ended in another 6 7 It is stated in article 144 of the Criminal Procedure Code that an inquirer, an investigator and a public prosecutor shall be obliged to accept and to examine a communication about any committed or prepared crime and, within the scope of the competence established by the present Code, to take the decision on it within a term of not more than three days from the day on which the said communication was received. When examining a report on a crime, the inquirer, the investigator and the public prosecutor shall be entitled to demand to carry out documentary and audit inspections and to invite specialists to participate in them. Case documents show that the lawyer refused to give testimony with regard to the nature of his legal defence work, and that the investigator refused to provide any testimony citing article 51 of the Constitution (no one shall be obliged to give testimony against themselves, a close relative, etc.). 3

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