CAT/C/52/D/478/2011
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (fifty-second session)
concerning
Communication No. 478/2011
Submitted by:
Sergei Kirsanov (not represented by counsel)
Alleged victim:
The complainant
State party:
Russian Federation
Date of complaint:
11 July 2011 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 14 May 2014,
Having concluded its consideration of complaint No. 478/2011, submitted to the
Committee against Torture by Sergei Kirsanov under article 22 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainant
and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.
The complainant is Sergei Kirsanov, a national of the Russian Federation, born on
30 November 1969. The complainant claims to be a victim of violations by the State party
of articles 1, 4, 12, 13, 14 and 15 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (hereinafter “the Convention”). Although
it was not raised explicitly by the complainant, the communication may raise issues under
article 16 of the Convention. The complainant is not represented by counsel.
The facts as submitted by the complainant
2.1
The complainant submits that, on 28 September 2001, Samara Regional Court
convicted him for murder, that he was sentenced to life imprisonment, and that at the time
of the submission he was serving a life sentence in the Permsk regional prison.
2.2
The complainant submits that in 2001, during the pretrial investigation, he spent an
excessive amount of time (almost four months) in temporary confinement ward No. 2 in the
city of Tolyatti, and that his detention in that ward violated the provisions of Federal Law
No. 103 on the detention in custody of suspects and those accused of having committed
crimes, adopted on 15 July 1995, which provides that arrested individuals may be held in
temporary confinement wards for no more than 10 days.
2