CAT/C/63/D/637/2014
and sexual violence against himself and his wife. The complainant’s relatives were not
informed of his detention. His mother found out about his arrest from a television
programme broadcast on 24 or 25 September 2007.
2.2
Later on 22 September 2007, in the temporary detention facility of the Department
of Internal Affairs in Ponomarevka, the complainant was beaten with rubber batons and
received kicks with boots. He claims that his ribs were broken, because he felt sharp pain
and could not breathe without pain. After the beatings, he spent approximately two hours
naked on a cold floor with his hands behind his back, forced to keep his chin up. On the
same day, he underwent a medical examination, which recorded numerous bruises on his
body. After the examination, still naked, he was questioned and beaten again.
2.3
On 25 September 2007, the complainant was transferred to the city police
department in Ufa, for interrogation. During his transfer, which took between three and four
hours, he was constantly beaten. A bag was put on his head, which prevented him from
breathing normally. The complainant had no clothes on, with the exception of light trousers,
and was suffering from the cold. Police officers stopped the car several times, forced him to
get down on his knees, and held a gun to his head to force him to confess guilt for crimes.
2.4
During his detention at the temporary detention facility in the city police department
in Ufa, the complainant was subjected to physical ill-treatment on a daily basis. He was also
beaten and tortured while being transported on 28 September and 2 October 2007. During
one interrogation, the police officers hit his head against the table and his nose started
bleeding. He was forced to write a note to the effect that he had hit his nose by accident in
his detention cell.
2.5
On 2 October 2007, the complainant was placed in a small cell measuring 0.5 m2.
After he had lost consciousness, the police officers called an ambulance. He was diagnosed
with arterial hypertension, which he had not been suffering from previously. Having
received first aid, the complainant remained in the cell until the next day. He received no
food or water and could not go to the toilet.
2.6
On 4 October 2007, the complainant was transferred to pretrial detention facility
(SIZO) No. 1 in Ufa. On the same day, he underwent a medical check-up, which recorded
only an abrasion on his nose. He alleges that his cellmates there systematically beat him, in
an attempt to force him to confess guilt. He attempted to commit suicide by opening up his
veins. He was frequently placed in solitary confinement for periods of several days, with no
food and no sanitary facilities.
2.7
From 9 to 16 November 2007, the complainant was again transferred to the
temporary detention facility in the city police department in Ufa. Because of constant
violence and psychological pressure, the complainant confessed guilt on six occasions
between 22 September and 11 December 2007. A State-appointed counsel was present
during his questioning but did not react to the beatings and did not provide him with advice.
2.8
On 21 January 2011, in a jury trial before the Supreme Court of the Republic of
Bashkortostan, the complainant was found guilty of several crimes and sentenced to life
imprisonment. In court, the complainant and his lawyers repeatedly raised the issue of
torture and forced confession during the pretrial detention. However, the presiding judge
did not allow the jury to hear that information. On the other hand, all statements given by
the complainant at the pretrial stage were provided to the jury. The complainant then
submitted a cassation appeal to the Supreme Court of the Russian Federation, which was
rejected on 31 July 2012. In November 2013, the complainant submitted a request for a
supervisory review to the Supreme Court of the Russian Federation, which was rejected on
29 November 2013.
2.9
On 26 October 2007, the investigative department in Ufa received information from
SIZO No. 1 about the complainant’s injuries. After an investigation, the investigative
department decided on 5 November 2007 not to open criminal proceedings. The decision
was based on the complainant’s own request for the investigation to be closed, in which he
wrote that he had hit his nose against the bed in his cell by accident. The decision of 5
November 2007 was quashed by a superior investigator on 22 October 2012 and referred
back for additional investigation. On an unspecified date, the complainant appealed against
2