the complainant’s son had been detained. The State party also submits that on an unspecified date, the Prosecutor’s Office of Kostanay Region interrogated the management of the SIZO, but the latter stated that, since the event were long time ago, they no longer remember the detainee and denied that any physical or psychological pressure on detainees has taken place. 4.3 The State party further submits that, on 26 September 2006, the Department of Interior Affairs of Kostanay received from the Prosecutor’s Office a complaint submitted by the lawyer of E. Z. regarding injuries inflicted on him by police officers. Following a verification, a senior investigator, on 23 November 2006, refused to initiate a criminal investigation based on article 37, paragraph 2 (1) of the Criminal Procedure Code. The refusal was revoked by a decision of the Prosecutor’s Office of Kostanay of 20 December 2006 and a criminal investigation was initiated on charges under article 104, paragraph 1 of the Criminal Code against unknown perpetrators. In the course of the above investigation officers of the SIZO and medical personnel were questioned, but the investigation did not confirm the allegations of the complainant’s son. Criminal charges were raised against one Mr. P., who admitted hitting Mr. M. Other witnesses also admitted hitting the complainant’s son and Mr. M. However, Mr. P. died from a shotgun wound on 17 October 2007. On 30 May 2007 the criminal charges against Mr. P. were dropped and the investigation was discontinued. On 4 October 2007, the Prosecutor’s Office declared the decision to discontinue the criminal investigation illegal, revoked it and redirected the case for additional investigation. The criminal investigation was discontinued again, on 28 December 2007, by a senior investigator, based on article 50, paragraph 1 (1) of the Criminal Procedure Code. On 4 February 2008, the criminal investigation was reopened by an order of the Prosecutor’s Office of Medykarinsky District. On 28 February 2008, the investigation was again discontinued based on article 50, paragraph 1 (1) of the Criminal Procedure Code. On 11 March 2008, the Prosecutor’s Office of Medykarinsky District confirmed the decision to discontinue the investigation.

4.4 Further, the State party submits that on 26 February 2007, the complainant and the mother of Mr. M. filed a complaint to the Department of Internal Affairs regarding the beatings of their sons by officers of the Medykarinsky Police station. On 14 March 2007, a senior investigator issued a decision to refuse bringing criminal charges against officers, based on article 37, paragraph 2 (1) of the Criminal Procedure Code. The above decision was confirmed by the Prosecutor’s Office of Kostanay District by a decision of 24 March 2007. On 22 November 2007, the complainant filed another complaint regarding the beating of her son by officers of the Medykarinsky Police station. On 25 November 2007, an investigator issued a decision to refuse bringing criminal charges against officers, based on article 37, paragraph 2 (8) of the Criminal Procedure Code. The above decision was confirmed by the Prosecutor’s Office of Kostanay District by a decision of 5 December 2007.

###### Complainant’s comments

5.1 On 14 August 2012, the complainant submits that in its response, the State party mainly repeats information, as set forth in the case file on the criminal charge and conviction of her son. She points out that the submission confirms that in the course of the investigation of her son’s torture allegations while in police detention, only police officers had been questioned. She maintains that therefore the investigation does not meet the criterion of “adequacy/accuracy”. She submits that an investigation must be effective and all necessary steps should be taken “to uncover the facts and circumstances of the alleged acts”. Moreover, the investigation “did not meet the criteria of independence and impartiality”, as, despite the fact that, according to the norms of national legislation, the Prosecutor’s Office had the authority to look into torture complaints, all complaints of her

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