Fair trial, including lack of legal representation during the appeal hearings, torture and cruel, inhuman or degrading treatment or punishment

Facts

The author is a citizen of the Russian Federation who has been arrested by the police and kept in temporary detention when he was charged with murder. He alleges ihe has been kicked and threatened to force him to confess having committed a crime and make him sign a false confession. The author appealed his detention in front of domestic courts but he claims that the trial court was unlawful since it has retained as evidence the forced confession he had signed to avoid beatings. The author claims a violation of article 9 (1-5) of the Covenant for his detention without any reason and his arrest. He also claims a violation of article 14 (1) because the trial was held in an accusatory manner. He finally claims a violation of article 14 (3)(e) in conjunction with article 7 of the Covenant for failure to compensate him after the unlawful detention.

Admissibility

The author has not appealed against the decision to put him in custody and has failed to exhaust the available domestic remedies regarding the use of beatings (torture) or psychological pressure. The author has not refuted such allegations made by the State party and has not provided any information in reply. The Committee therefore considers that this part of the communication is inadmissible (article 7 and 9 (1-5)). Concerning the claim made under article 14 (1), the Committee considers that it has not been sufficiently substantiated and is therefore also inadmissible.