ICCPR Case Digest

CCPR/C/131/D/2433/2014

Submission: 2014.01.09

View Adopted: 2021.03.25

V.S. v Russia

A Russian man complained of abuse by criminal investigators allegedly leading to his conviction - No Violation

Substantive Issues
  • Conditions of detention
  • Fair trial
  • Right to judicial review of detention
  • Torture / ill-treatment
Relevant Articles
  • Article 10
  • Article 14.1
  • Article 14.3
  • Article 7
  • Article 9.1
Full Text

Facts

Author is a Russian national and former landlord. Author rented a flat to tenants who accused him of rape. Author alleges that the tenants and prosecutor conspired so as to avoid rental payment and to allow a forced sale of the flat. Author alleges he was poked with a paperclip whilst detained, forced to confess, beaten in prison, and forced to sign a document transferring ownership of the property. The author was convicted of rape and sent to prison. Russian authorities repeatedly refused to initiate criminal investigations against the investigator. The author was convicted in 2008, and was denied a hearing for appeal. He resubmitted an appeal request in 2013, but raised no new grounds and the appeal was again dismissed. An ongoing complaint concerning the investigator was pending at the time of the author’s complaint to the Committee. The author complained of violations of articles 7, 9 (1), 10 and 14 (1) and (3) (a), (d), (e) and (g).

Admissibility

The communication was deemed inadmissible in its entirety. The author waited over five years since his last substantive complaint, and provides no justification for this delay. As such, his communication is an abuse of the right of submission and is inadmissible under article 3 of the Optional Protocol.

By Justin Golden

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