VISUAL SEPARATION IN USE ACR X TCASII TA RA DSND HAD NMAC WITH ACFT Y. EVASIVE ACTION DSCNT. SEE AND AVOID CONCEPT. ACFT Y NON ADHERENCE TO ATC CLRNC. CLB TO NEW ASSIGNED ALT.

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ON CLBOUT FROM KDEN; ASSIGNED HDG 340 DEGS. DEP CTL ASKED IF WE SAW ACFT Y AT 11 O'CLOCK CLBING OUT AHEAD OF US. WE DID SEE THE TFC AND SAID SO. DEP CTL TURNED US TO 255 DEGS AND THE OTHER ACFT Y TO A GENERALLY W HDG. WE BOTH LEVELED AT THE ASSIGNED 10000 FT. DEP CTL AGAIN ASKED US IF WE SAW OTHER ACFT Y AND UPON OUR AFFIRMATIVE REPLY; TOLD US TO MAINTAIN VISUAL CONTACT. DEP CTL THEN TOLD THE OTHER ACFT Y 'TURN TO 170 DEGS AND CLB TO 12000 FT.' WE WATCHED THE OTHER ACFT TURN DIRECTLY INTO US. HIS ALT READOUT ON OUR TCASII WAS STILL 10000 FT. WE RECEIVED A TA THEN AN RA TO DSND WHICH WE DID JUST AS DEP CTL TOLD US TO CLB TO FL200! WE DSNDED PER THE RA AND I ADVISED DEP CTL THAT WE WERE DSNDING BECAUSE OF A TCASII RA. HE SAID 'WELL YOU HAVE HIM VISUALLY DON'T YOU?' THE OTHER ACFT PASSED ALMOST DIRECTLY OVER US AT 10200 FT. WE WERE DSNDING THROUGH 9800 FT. WE LEVELED AT 9600 FT AND RETURNED TO 10000 FT. THE CTLR DID NOT SEEM TO GRASP THE SERIOUSNESS OF TURNING THE OTHER ACFT INTO US CAUSING US TO TAKE EVASIVE ACTION. WE WOULD HAVE TAKEN EVASIVE ACTION EVEN WITHOUT TCASII.