The case of Sergey Kirsanov v. the Russian Federation. The decision was adopted by the Committee against Torture on May 14, 2014. Communication No. 478/2011.
In 2011, the author of the communication was assisted in preparing a complaint. Subsequently, the complaint was communicated to the Russian Federation.
As could be seen from the text of the Decision, the applicant claimed that he was 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
The Committee's legal position is that the criminal investigation of acts of torture should aim both to determine the nature and circumstances of the alleged acts and to establish the identity of any person who may have been involved in them (paragraph 11.3 of the Decision).
The State party is under an obligation to provide reparation and fair and adequate compensation to the victim of an act committed in violation of article 16 of the Convention. The positive obligations provided for in the first sentence of article 16 of the Convention include the obligation to provide reparation and compensation to victims of an act committed in violation of this provision (paragraph 11.4 of the decision).
The Committee's assessment of the factual circumstances of the case: it is noted that the authorities of the Russian Federation conducted an investigation into the applicant's allegations, which confirmed some of his statements regarding the duration and conditions of his detention in a temporary detention facility and established which of the officials was responsible for his placement there (paragraph 11.3 of the Decision).
The Committee noted that although the applicant had been granted compensation, in order to receive it, he had to file a civil claim and prove his claim in a civil court. The Committee found that as a result of the findings of the civil court, the applicant was awarded a symbolic amount of monetary compensation (it was about awarding 10,000 rubles to the applicant) and the civil court had no jurisdiction to apply any measures to persons responsible for cruel, inhuman or degrading treatment (paragraph 11.4 of the decision).
The Committee's conclusions: the facts indicated a violation by the Russian Federation of article 16 of the Convention.