Published on 27 March 2023
THIRD SECTION
Application no. 81205/17
Alibek Ali Magomedovich GADZHAYEV and Others against Russia
and 14 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 2 March 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern the complaints raised under Article 3 of the Convention concerning the torture or inhuman or degrading treatment subject of well-established case law of the Court (see Lyapin v. Russia, no. 46956/09, §§ 128-40, 24 July 2014 and Samesov v. Russia, no. 57269/14, §§ 54-63, 20 November 2018).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 3 of the Convention
(torture or inhuman or degrading treatment)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Factual information
Medical evidence of ill‑treatment
Date of first complaint
Decision issued in response to complaint of ill-treatment
Decision under Article 125 of the CCrP
Appeal decision
Information relating to conviction
Other complaints under well-established case-law
81205/17*
17/11/2017
Alibek Ali Magomedovich GADZHAYEV
1985
Dzhambulat Arasulovich ATABIYEV
1986
Khasan Magometovich KHUBIYEV
1973
Daut Anzorovich TEMIRLIYEV
1968
Nadezhda Viktorovna Yermolayeva
Moscow
Applicant 1 (Gadzhayev): arrested at 4 p.m. on 21/10/2013 in Kislovodsk, Stavropol Region by eight plainclothes officers of police department no. 1 in the Karachay-Cherkessia Republic who dragged him out of his car, blindfolded and took him to an undisclosed location where they subjected him to electric shocks, suffocation with a plastic bag over his head and beatings to make him confess to the murder of Mr. Ch. Then he was taken to a police station where he was questioned and forced to sign self-incriminatory statement in the presence of a State-appointed lawyer.
Applicant 2 (Atabiyev): arrested at 5 p.m. on 25/10/2013 in Stavropol by officers of police department no. 6 in Stavropol who subjected him to electric shocks pressuring him to confess to the murder of Mr. Ch. He was forced to sign self-incriminatory statement and was instructed to submit that he had been injured while playing football.
Applicant 3 (Khubiyev): at
9 p.m. on 21/10/2013 the applicant and his minor son were taken from their home in Zelenchukskiy District of the Karachay-Cherkessia Republic by 9-10 police officers in balaclavas to an undisclosed location, where the officers cuffed his hands and subjected him to electric shocks and beatings in his son’s presence pressuring him to confess to several episodes of murder, including the murder of Mr. Ch. The applicant was threatened that his son would be beaten as well. The ill-treatment lasted the entire night, the applicant lost consciousness several time. Then the applicant was taken to the IVS in Cherkessk. Later several abductors took the applicant from the IVS to another building and subjected him to electric shocks again pressuring him to confess. In the end, the applicant signed self-incriminatory statement.
Applicant 4 (Temirliyev): On 29 or 30/10/2013 the applicant was blindfolded in Rostov-on-Don by plainclothes police officers from Karachay-Cherkessia Republic and taken to Cherkessk, where in an undisclosed location he was subjected to beatings and electrocution. The applicant lost consciousness several times. He was forced to sign pre-filled documents and then taken to the IVS.
Applicant 1: Forensic medical examination act
no. 720 of 30/10/2013 by the Karachay-Cherkessia Forensic Bureau (bruises of the chest on the right, scars on the tongue, multiple bruises of the auricles, face, chest, back, lumbar and iliac regions, right shoulder, both elbow joints, left hip, abrasions on the second fingers of both hands. The injuries could have resulted from the impact of a blunt object, the abrasions on the fingers may have been caused by electric shocks on 21/10/2013 in the circumstances as alleged by the applicant). The examination of the applicant was conducted in the presence of police officers.
Applicant 2: (i) medical certificate issued by civil hospital no. 2 in Cherkessk on 26/10/2013 (electro-thermal injury to soft tissue of the abdominal wall); (ii) forensic medical examination act no. 5382 of 31/10/2013 by the Karachay-Cherkessia Forensic Bureau (bruises in scapula area, abrasions on both knees. The injuries could have resulted from the impact of a blunt object on 25/10/2013 and/or from falling playing football).
Applicant 3: (i) the IVS medical records of 22/10/2013 (bruises and abrasions on his face, head and body); (ii) forensic medical examination act no. 561 of 28/10/2013 by Karachay-Cherkessia Forensic Bureau (bruised wound of the face, bruises and abrasions of the face, abrasions in the lumbar region, abrasions of the right shoulder and left wrist joint, small-point abrasions of the fifth finger of the right hand, bruises of the left shoulder, bruising of the right eye. The injuries could have resulted from the impact of a blunt object and/or solid objects with an edge on
20-23/10/2013)
Applicant 4: (i) the IVS medical records of 01/11/2013 (bruises of the face, head and chest); (ii) extract from medical card no. 22769 of 02/11/2013 (bruises of the face, head and chest); (iii) SIZO-1 medical records (on 14/04/2016 diagnosed with 2nd degree hypertension caused by the consequences of traumatic brain injury).
Applicant 1: complaint during the court hearing on the applicant’s arrest on 24/10/2013 and the Karachay-Cherkessia investigative committee on 25/11/2013 / Refusals to open a criminal case on 27/01/2014 and 13/02/2014.
Applicant 2: complaint during the court hearing on the applicant’s arrest on 31/10/2013 and to the investigative committee on 26/02/2016 / Refusals to open a criminal case on 07/03/2016, 14/12/2017 and 20/09/2018 (referred to the applicant’s submissions about traumas obtained at a football game).
Applicant 3: complaint to the investigative committee on 01/11/2013 / Refusal to open a criminal case on 01/12/2013
Applicant 4: complaint during the trial on 17/02/2016 / Refusal to open a criminal case on 20/04/2017 (referred to the lack of ill-treatment complaints before the trial).
Applicant 1: On 28/11/2017 the Cherkessk Town Court refused to examine the applicant’s complaint against the last refusal as his criminal case had been transferred for trial/ On 19/12/2017 the Karachay-Cherkessia Supreme Court upheld the decision.
Applicant 2: On 02/04/2018 the Promyshlenniy District Court /on 07/09/2018 the Stavropol Regional Court overruled the investigator’s refusal of 14/12/2017 and ordered fresh examination of the applicant’s complaint which on an unspecified date between 15/12/2017 and 19/09/2018 upheld the refusal.
Applicant 3: On 28/11/2017 the Cherkessk Town Court refused to examine the applicant’s complaint against the last refusal as his criminal case had been transferred for trial/on 19/12/2017 the Karachay-Cherkessia Supreme Court upheld the decision.
Applicant 4: On 28/11/2017 the Cherkessk Town Court refused to examine the applicant’s complaint against the last refusal as his criminal case had been transferred for trial / on 19/12/2017 the Karachay-Cherkessia Supreme Court upheld the decision.
On 09/11/2016 the Karachay-Cherkessia Supreme Court convicted Applicant 1 and Applicant 2 of aggravated murder, Applicant 3 – of banditry, aggravated murder and illegal possession of firearms, Applicant 4 – of banditry, aggravated murder and infliction of serious injuries. The applicants were sentenced to terms of imprisonment (from 8 to 20 years’)/Upheld on appeal on 17/05/2017 by the Supreme Court of Russia.
Art. 6 (1) - unfair criminal proceedings - the conviction was based on the applicants’ confession statements obtained under duress on 21/10/2013, 25/10/2013, 22/10/2013 and 31/10/2013 respectively;
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
33769/18*
15/06/2018
Ilya Viktorovich SHCHUKIN
1988
Ernest Aleksandrovich Mezak
Saint-Barthélemy d’Anjou
Between 7 and 8 p.m. on 12/04/2017 the applicant who was a police officer at the material time was apprehended in Tosno (Leningrad Region) by officers of the Federal Security Service for the Leningrad Region. He was thrown in a minivan where for about two hours he was allegedly beaten and electrocuted no less than 40 times with a taser all over his body, including in the anus and on the genital area. One of the officers also threatened to rape him with a broom stick if he did not confess to receiving a bribe. At about 4 a.m. on 13/04/2017 the applicant was taken to the FSB office where he was questioned and threatened with a taser and from there he was taken to the office of the Investigative Committee in Tosno where he testified and complained about the ill-treatment.
Medical record (no number) of 13/04/2017 by the Trauma Unit of the Tosnenskaya Interdistrict Hospital (abrasion on the right side of the forehead – can be detained in the temporary detention facility without medical supervision).
Certificate of forensic medical examination no. 394 of 19/04/2017 by the Forensics Bureau of the Leningrad Region (hematomas on the left elbow, right ankle; abrasions on the face, both wrists, lower back, both buttocks, penis and lower extremities; could have been caused by a blunt force trauma within 5-10 days of the medical examination; not excluded that the abrasions resulted from the application of an electrical taser on the affected parts).
Medical certificate
no. 22-19 of 12/02/2019 by the same bureau (hematomas on the left elbow, right ankle; abrasions on the face, both wrists, lower back, both buttocks, penis and lower extremities; some of the abrasions could have been caused by applying no less than 10 times an electrical taser to the affected parts, including through the clothes).
Medical certificate
no. 037-19 of 14/03/2019 by the same bureau (abrasions present on both buttocks, penis are consistent with tears on [the applicant’s] underwear).
Medical certificate
no. 121-19 of 07/05/2019 by the same bureau (the injuries are of thermal nature, could have been caused by a taser and could not have resulted from scratching).
On 03/12/2018 complaint to the Military Prosecutor’s Office for the Western Military Circuit /on 19/02/2019 a criminal case opened and on 12/02/2020 the proceedings were terminated for the lack of causal link between the actions of the arresting officers and the applicant’s injuries.
On 10/10/2020 the
St Petersburg Military Garrison Court upheld the termination of the criminal case/on 15/12/2020 the Military Court for the Western Circuit upheld the decision on appeal.
On 14/06/2019 Tosnenskiy Town Court of the Leningrad Region convicted the applicant of accepting the bribe.
No information about appeal.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment and in respect of inadequate conditions during transport;
Art. 3 - inadequate conditions of detention during transport - by van from 15/12/2017 to 15/06/2018, on numerous occasions,
0.3 sq. m., overcrowding.
54250/18
02/11/2018
Tatyana Yevgenyevna KOLESNIKOVA
1988
Svetlana Anatolyevna Toreyeva
Moscow
At 11 p.m. on 01/06/2017 the applicant together with her friends was stopped by four traffic police officers in Yoshkar-Ola for a check. Following a verbal disagreement, one of the officers threw the applicant to the asphalt, handcuffed and beat her on torso, arms and legs. Then she was taken to police station no. 2 in Yoshkar-Ola where the officer kicked her on the left thigh. On 03/06/2017 officers at the police station twisted the applicant’s arm to make her take off her shoes, the applicant resisted, bit one of the officers by the hand and threw her shoe at him. Then the officers pressed on the applicant’s neck and beat her on the face.
Forensic medical act no. 873 of 03/06/2017 by the Mari El Forensic Bureau (bloodstains and abrasions on the right shoulder and forearm, abrasions on the left thigh and the right leg - all likely caused by a hard blunt object within 1-3 days prior to the examination).
Medical examination act no. 283 of 04/06/2017 by the Yoshkar-Ola Medical Clinic no. 1 (chest injury, sprain of the right ankle).
On 06/06/2017 complaint to the police / on 30/07/2017 first refusal to open a criminal case for lack of corpus delicti (last refusal - 14/08/2017).
On 21/03/2018 the Yoshkar-Ola Town Court of Mari El Republic rejected the applicant’s complaint against the last refusal. On 03/05/2018 the Supreme Court of the Mari El Republic upheld this decision.
On 22/01/2018 the applicant was convicted of the use of violence against a public official on duty in relation to the incident at the police station on 03/06/2017/Conviction entered into force on 05/03/2018.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
30426/19
03/06/2019
Pavel Andreyevich ZLOMNOV
1982
Svetlana Dmitriyevna Garsia
St Petersburg
A. On 31/01/2018 the applicant was arrested on the street by agents of the St Peterburg Department of the Federal Security Service (the FSB) and put in a minivan. During a forty-minute drive to the FSB premises, he was handcuffed, thrown on the floor of the minivan and beaten; one officer repeatedly jumped on the prostrated applicant. Once on the FSB premises, the applicant was placed in a cell equipped only with a bench and was told to sit still; he was not given food or water. The applicant remained in the cell overnight. On the morning of 01/02/2018 the FSB officers took him to the Alexandrovskaya Hospital; after an examination he was brought back to the FSB premises. On 02/02/2018 the applicant was taken to the Gatchina Hospital and then to the Gatchina IVS. Later he was placed in SIZO.
B. On 21/08/2018 the applicant was taken from SIZO to the IVS of St Petersburg and Leningrad Region, where two investigators seeking to obtain from him self-incriminating statements applied psychological pressure to him, handcuffed him and pulled his arm to the point of causing a wrist injury.
A. - Medical certificate by the Alexandrovskaya Hospital of 01/02/2018 (bruises to the head and face; traumatic brain injury; injury to the chest, lumbar area, left shoulder and left wrist).
- An FSB investigator’s report of 01/08/2022 on the impossibility to carry out an identification parade on account of the bruises to the applicant’s face.
- An IVS orderly’s report on the discovery of elements of a crime of 02/02/2018 (injury to the head; bruises to the right shoulder; injuries to the chest and to the lumbar area).
- An IVS orderly’s "act of a trauma" of 03/02/2018 (blunt trauma to the head, bruises to the left shoulder; trauma to the chest; injury to the lumbar area).
B. St Petersburg Ambulance Station, medical record of 21/08/2018 (injury to palmar ligaments of the left wrist).
A. On 02/02/2018 at the hearing on the measure of restraint, the applicant informed the judge at the Gatchina District Court that he had been beaten during the arrest and sustained injuries to the head and kidneys. On 05/02/2018 he lodged a complaint of ill-treatment with the Investigative Committee/On 20/04/2018 the St Petersburg Garrison unit of Investigative Committee refused to open a criminal case for the lack of a criminal event.
B. On 31/08/2018 a complaint was lodged with the Investigative Committee’s unit on the applicant’s behalf/On 11/12/2018 refusal to open a criminal case, which was overruled on 17/06/2019 by the investigators’ superiors/On 01/07/2019 another refusal was issued.
A. The refusal of 20/04/2018 upheld by the St Petersburg Garrison Military Court on 15/10/2018/ by the Leninskiy Circuit Military Court on 11/12/2018.
B. The refusal of 01/07/2019 upheld by the St Petersburg Garrison Military Court on 09/09/2019/by the First Western Circuit Military Court on 07/11/2019.
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Thirteen court hearings from 02/02/2018 until 15/04/2019,
Art. 5 (1) (c) - unlawful pre-trial detention - Unacknowledged detention for twenty-six hours: at 8.40 p.m. on 31/01/2018 the applicant was arrested on suspicion of unlawful trading in arms (A222(2) CC RF); no record was drawn up until 11/05 p.m. on 01/02/2018.
Art. 5 (3) - excessive length of pre-trial detention - From 02/02/2018 to 15/04/2019 in Gatchina Town Court of the Leningrad Region / Leningrad Regional Court; Lomonosovskiy District Court of the Leningrad Region / Leningrad Regional Court - arbitrary addition of a new criminal charge ("glorification of terrorism") 48 hours before the expiry of the maximum duration of pre-trial detention concerning the original criminal charges (trading in arms); use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint; fragility of the reasons employed by the courts.
3194/20
28/12/2019
Danil Valeryevich BOLSHAKOV
1992
Igor Nikolayevich Sholokhov
Kazan
On 05/05/2018 the applicant participated in a demonstration in Krasnoyarsk against the results of the Russian presidential elections. Officers of police department no. 10 in Krasnoyarsk beat the applicant on his body and face during his arrest.
Medical examination act no. 31165/18 of 05/05/2018 by the Krasnoyarsk hospital no. 7 (abrasion on the left side of the back).
Medical examination act no. 873 of 08/05/2018 by the Karpovich hospital of Krasnoyarsk (head injury, concussion).
16/05/2018 complaint to the investigative committee / several refusals to open a criminal case for the lack of corpus delicti, the first on 15/06/2018 and the last on 23/07/2019.
On 24/07/2019 the Zheleznodorozhnyy District Court of Krasnoyarsk rejected the applicant’s complaint about the 24/10/2018 refusal / On 03/10/2019 the Krasnoyarsk Regional Court upheld it on appeal.
The applicant was convicted under article 20.2 § 5 of CAO for participating in an unauthorized demonstration and sentenced to 35 hours of community service.
5290/20*
28/12/2019
Abdul-Khalim Abdulayevich ABDULMEZHIDOV
1990
Crew Against Torture
Nizhniy Novgorod
On 13/01/2017 the applicant was arrested by seven police officers at his workplace and was taken to the Shali Police station in Chechnya where for about 4 hours he was severely ill-treated by ten police officers to obtain a confession concerning his membership in an illegal armed group. The police officers allegedly beat him up with a plumbing pipe and administered electric shocks using a device connected to his right foot. When he lost consciousness, medical aid was provided. Then from the station he was taken to the basement of a police patrol service’s building and was detained there until 09/03/2017. During the detention he was systematically subjected to electric shocks to obtain his confession. On 09/03/2017 the applicant was admitted to the IVS. No medical examination was carried out. On 20/03/2017 he was taken to the police station for questioning, where he confessed to the membership in an illegal armed group. On 24/03/2017 criminal proceedings against the applicant were opened and on 25/03/2017 the arrest record was drawn up.
Forensic examination no. 1111 of 02/06/2017 by the Chechnya Forensic Bureau: injuries in the form of scars in the area of the fifth fingers on the back surface of both sides. It is impossible to establish their origin since the scars have partially healed.
Expert examination of the medical file of 30/09/2018 ordered by the applicant’s lawyer: the forensic report no. 1111 of 02/06/2017 was not based on science, the examination was biased and incomplete. Linear scars of the proximal phalanges of the fingers of the right foot could have been caused by electric shocks. The scars could have occurred in the time frame of 6 to 18 months prior to the examination.
On 01/06/2017 the applicant complained to an expert who carried out his forensic examination. The complaint was transferred to an investigator. On 05/09/2017 the applicant’s mother complained on the applicant’s behalf to the investigator in his criminal case/ Several refusals to open a criminal case, the latest (6th) on 02/04/2019.
On 02/03/2020 the Staropromyslovskiy District Court of Grozny rejected the applicant’s complaint against the last refusal / upheld by the Chechnya Supreme Court on 16/06/2020.
On 20/11/2018 the Leninsky District Court in Grozny convicted the applicant and sentenced him to 8 years’ imprisonment/On 11/07/2019 the Chechnya Supreme Court upheld the conviction.
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 13/01/2017-24/03/2017, detention (criminal) for more than three hours without an record (see Fortalnov and Others v. Russia, nos. 7077/06 and
12 others, §§ 76-79,
26 June 2018);
Art. 6 (1) - unfair criminal proceedings - the conviction was based, inter alia, on the applicant’s submissions given on 20/03/2017, his confession statements on 25/03/2017 and 26/03/2017 allegedly obtained as a result of ill-treatment during the pre-trial investigation which were retracted by the applicant at the trial;
Prot. 1 Art. 1 - interference with peaceful enjoyment of possessions
- the applicant alleges, inter alia, that his credit card was seized, and RUB 17 000 (EUR 190) were withdrawn from his card by police officers. On 10/03/2017 he was taken from IVS to the police station where in the presence of a notary he was forced to sign a power of attorney to sell his car without mentioning a beneficiary. Subsequently, the car was sold, and the applicant has not received any money;
Art. 6 (3) (d) - examination/attendance of witnesses - refusal by the trial court to examine defense witnesses;
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
4057/21*
25/12/2020
Lali Guramovna MENTESHASHVILI
1966
Svetlana Anatolyevna Toreyeva
Moscow
On 25/07/2018 officers of the Odintsovo police department in the Moscow Region searched the applicant’s flat on suspicion of her son’s involvement in a theft; they pinned her to the floor, placed a foot on her head and beat her on the neck and torso.
Medical examination act no. 13412 of 25/07/2018 by the Mytishchinskiy hospital of Moscow Region (concussion and head, torso, chest injuries).
25/07/2018 complaint to the police / 18/09/2018 first refusal to open a criminal case due to the lack of corpus delicti, last refusal 10/10/2019.
On 25/02/2020 and 25/06/2020 the Mytishchinskiy Town Court of the Moscow Region ruled in favor of the applicant in the proceedings (i) against the refusal of 24/07/2019 and (ii) inaction of the investigators respectively. The court held that the inaction of the investigators was unlawful and ordered them to remedy the situation. The investigators failed to comply.
The applicant herself was not charged; her son was a suspect in a theft investigation. No further information is available.
38628/21
15/07/2021
Artem Alekseyevich RADYGIN
2000
Danil Ilnurovich Nurgaleyev
Kazan
On 23/01/2021 the applicant, a “Free Radio” journalist, reported from the Pushkin Square in Moscow where a manifestation in support of
A. Navalnyy took place.
At about 3:00 p.m. a police officer of the Russian special forces (OMON) hit him in the head with a rubber truncheon. The applicant managed to film the incident. On 24/01/2021 he applied for medical assistance to Moscow City Hospital no. 109.
Medical certificate of 24/01/2021 by Moscow City Hospital no. 109 (bruise to the left parietal area of the head).
On 28/01/2021 the applicant complained to the Main Police Department in Moscow and on 08/04/2021 to the Tverskoy district branch of the investigative committee/ No reply to either complaint.
On 17/05/2021 the applicant appealed against the authorities’ failure to take steps to verify his complaints/On 09/11/2021 the Tverskoy District Court in Moscow dismissed his appeal/On 28/03/2022 the Moscow City Court upheld the decision.
Art. 10 (1) - measures in relation to media coverage of public assemblies - the applicant complained that he had been ill-treated by the police to prevent him from carrying out his journalistic activity and that his right to freedom of expression had been violated (see Najafli
v. Azerbaijan,
no. 2594/07, §§ 64-70,
2 October 2012).
48194/21
16/09/2021
Andrey Vasilyevich STATOV
1983
Svetlana Nikolayevna Bayturina
Moscow
Arrested on 03/08/2019 during manifestation for fair elections to Mosgorduma in Moscow by officers of the Moscow North administrative circuit police department.
According to the applicant, during his apprehension the officers repeatedly kicked him in his legs and pushed him while he was in the police car.
Certificate of 03/08/2019 by the Moscow Municipal Hospital no. 2 (bruising of the right tibia).
On 07/08/2019 complaint to the Moscow investigative committee / no reply other than the information that the complaint had been forwarded to the police department on 18/10/2019 for internal inquiry.
08/12/2020 the applicant’s complaint rejected by the Meshchanskiy District Court of Moscow/ Upheld on 18/03/2021 by the Moscow City Court as no evidence of the investigator’s inaction had been found due to the lack of authorities’ decision in respect of the applicant’s allegations of ill-treatment.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
517/22*
20/12/2021
Aram Vyacheslavovich GAMBARYAN
1975
Elza Albertovna Valiyeva
Nizhniy Novgorod
At about 9.30 a.m. on 21/03/2017 the applicant who was driving his car in Krasnodar, was stopped and dragged into a minivan by the officers of the Federal Security Service and the Moscow Criminal Investigations Police Unit. During the ride in the minivan, he was beaten with blunt objects on his head and kidney area, then taken to undisclosed location in a forest where he was thrown on the ground, a man sat on his chest, after which, for 6 to 7 hours, with a goal of extracting a confession to a crime, he was subjected to waterboarding, beaten severely all over his body, electrocuted with a taser on his genital area, in the arm pits, under his jaw and on his legs. He was subjected to fake execution by being thrown twice in a grave, by having a firearm blank-shot on his temple area and having a firearm discharged close to his ear. He was then taken back to the car and driven to the police station; during the ride he was beaten on his neck which made him vomit. At about 10-12 p.m. on the same day he was brought to police station no. 9 in Krasnodar where his clothes were changed and he continued to be beaten, vomiting and losing consciousness several times. He signed all the documents that were given to him. After that he was allegedly driven elsewhere, with a stopover in a local hospital where he was injected with a pain killer and no official record of that visit there was made.
On 22/03/2017 at about 10 a.m. record of the applicant’s detention was drawn up. At about noon on 22/03/2017 the applicant was taken to the hospital. Between 22/03/2017and 29/03/2017 he was in administrative detention, pursuant to his conviction of 22/03/2017 for administrative offence by the Severskiy District Court in Krasnodar.
Hospital record of 22/03/2017 by the Severskaya District Hospital in Krasnodar (closed skull fracture, multiple bruises of torso and extremities, kidney injury).
Record nos. 67, 70, 0383 of, respectively, 25/03/2017, 28/03/2017 and 01/04/2017 by medical emergency service (closed skull fracture, concussion, chest trauma, acute pancreatitis, hypertension).
Medical record book, common record no. 4289 for entries of 25/03/2017; 27/03/2017; 28/03/2017 by medical ward of the temporary detention facility of the Severskiy District Police Station of Krasnodar (closed skull fracture, concussion, chest trauma, acute pancreatitis, hypertension).
Medical record no. 26376 of 01/04/2017 by the Krasnodar Regional Hospital (intussusception (a serious condition in which part of the intestine slides into an adjacent part of the intestine); acute kidney failure; posttraumatic kidney nephritis with 3rd degree kidney damage, secondary anaemia, concussion, multiple bruises and abrasions, extensive hematomas on lower extremities).
Hospital Release Record (no number) of 11/04/2017-25/04/2017 by the Central Clinical Hospital (acute traumatic kidney damage of 3rd degree; concussion, spinal injury (neck); multiple bruises and abrasions; extensive haemorrhaging of lower extremities);
Record of the psychiatrist consultation (no number) of 08/10/2017 / name of the medical organisation illegible (anxiety, depression, panic attacks).
Report of 147/2018 of 16/08/2018 by the Krasnodar Forensics Bureau (confirming the applicant’s injuries and indicating that they could have been caused in the circumstances described by the applicant).
On 22/03/2017 the applicant’s wife complained to the Karasunskiy Police Department about the applicant’s disappearance. On 03/04/2017 complaint about ill-treatment filed by the applicant’s lawyer. Between 06/04/2017 and 18/12/2017 – 16 refusals to open a criminal case.
On 10/04/2018 – a criminal case was opened into the applicant’s abduction and ill-treatment/ On 10/09/2018 – the criminal proceedings were terminated for lack of evidence/Between 24/10/2018 and 23/11/2021 – 15 rulings for re-opening, termination and suspension of the criminal investigation were issued and overruled by the investigators’ superiors.
none
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - No record of arrest between 10 a.m. on 21/03/2017 and 10 a.m. on 22/03/2017.
2833/22*
22/12/2021
Stanislav Aleksandrovich KHARITONOV
1982
Olga Aleksandrovna Sadovskaya
Nizhniy Novgorod
The applicant was arrested on 11/08/2020 in Mednogorsk, Orenburg Region by officers of police department no. 1 "Kuvandykskiy". The officers handcuffed, suffocated and beat him with truncheons immediately after his arrest and then at the police station. On 12/08/2020 he was admitted to the IVS in Kuvandyk and on 14/08/2020 a criminal case was opened against him in connection with alleged use of force against the officers.
Emergency medical aid record in IVS no. 15664/39 of 12/08/2020: alcohol intoxication, periorbital hematoma on the right.
Extracts from the IVS registry of 12/08/2020: brain concussion.
Medical record of 13/08/2020: brain concussion, closed craniocerebral injury, bruised scalp wound.
Medical records issued by civil hospital no. 2 in Orsk no. 258/260 of 15 and 19/08/2020: hospitalisation between 15 and 19/08/2020, closed craniocerebral injury, brain concussion, abrasions of the trunk and limbs, violent trauma.
Forensic report no. 749 of 16/09/2020 by the Orenburg Forensic Bureau: closed non-penetrating traumatic brain injury, bruises in the area of the right eye, right cheek, conjunctival haemorrhage of the right eye, brain concussion, abrasions of limbs could have occurred from the impact of a blunt object on/around 11-12/08/2020.
On 01/09/2020 complaint to the Kuvandyk investigative committee/several refusals to open a criminal case, the last (7th) - on 16/09/2021.
The applicant appealed against the refusals to local courts; there he learnt that the refusals had been overruled by the investigators’ superiors/Latest decision – on 15/07/2021 the Mednogorsk Town Court in Orenburg Region returned the complaint without examination no appeal.
On 13/08/2020 the Mednogorsk Town Court of the Orenburg Region convicted the applicant of disorderly conduct and sentenced him to administrative arrest of 3 days.
On 17/09/2021 the same court found him guilty of use of violence against a public official and sentenced him to 1 year 8 months’ imprisonment/Upheld on appeal by the Orenburg Regional Court on 17/12/2021.
5624/22*
14/01/2022
Artem Alekseyevich PONOMARCHUK
1994
Karen Samvelovich YENGOYAN
1987
Erik Stanislavovich YENGOYAN
1989
Aram Samvelovich ARUSTAMYAN
1984
Mariya Aleksandrovna Zadorozhnaya
Nizhniy Novgorod
Between 24 and 25/12/2015 the applicants were arrested on suspicion of robbery and detained in the IVS of the Anapa police station. On 26/12/2015 the court imposed 12-day administrative detention on them. While in detention, the applicants were ill-treated by police officers to make them confess to the crime and give evidence against each other.
1st Applicant
(Mr Ponomarchuk): between 24 and 25/12/2015 five officers (A., L., M., Me. And S.) handcuffed him, pulled gasmask over his head to suffocate, beat him on the feet with a metal object, electrocuted him and inserted a baton in his anus. Under pressure, applicant 1 wrote a statement claiming that the injuries received had been caused by a fall prior to the arrest.
2nd Applicant (Mr K. Engoyan): on 25/12/2015 three officers (S., Zh., A.) hit him on the head and chest. On 29/12/2015 the officers pulled gasmask over his head to suffocate, poured a burning liquid inside the gasmask, bound his limbs with adhesive tape and handcuffed him; beat him on the feet; electrocuted him and threatened by sexual violence. The officers took photos of him with an object next to his anus and threatened to make the photos public.
3rd Applicant (Mr E. Engoyan): On 25/12/2015 three officers Zh., L., A., and M. hit the applicant with handcuffs on the back and knees, suffocated him by pulling a plastic bag over his head, hit him on the heels with a baton, threatened him with electrocution; having put a motorcycle helmet, they beat his head against the wall and threatened him with sexual violence. At 3.30 a.m. on 26/12/2015 the applicant tried to cut his veins to have an independent medical examination, but to no avail as no ambulance was called. He was examined and medical assistance to him was provided by the on-duty policeman. Under pressure of the police officers the applicant wrote a statement that his injuries had been obtained at work prior to the arrest.
4th Applicant
(Mr Arustamyan): on 25/12/2015 four officers Zch., M.,S., A. and M. handcuffed the applicant, pulled gas mask over his head and dripped ammonia through, beat him on the head and torso, electrocuted him and having pulled his jeans off threatened him with sexual violence.
1st applicant: (i) medical examination act no. 174/2016 of 04/03/2016 by the Anapa Forensic Bureau (abrasions on the extremities, right buttock and between buttocks, abrasions on the wrists, 4th right finger, knees and lower back-those injuries could have been caused by a hard blunt object between 25 and 27/12/2015. Abrasions on the right buttock, between buttocks, inner left ancle, right shin could be traces of electrocution); (ii) medical examination act no. 270/2016 of 21/06/2016 by the Krasnodar Region Forensic Bureau confirmed the conclusions of the forensic examination of 04/03/2016, however, it was impossible to determine that the abrasions on the right buttock, between buttocks, inner left ancle, right shin could have been caused by electrocution only); (iii) expert report no. 1469/7/И of 27/09/2016 by the Federation of Forensics (anal fissure caused by a hard blunt object, which could have been caused on 24-25/12/2015 under circumstances alleged by the applicant).
2nd applicant:
(i) medical examination act no. 202/2016 of 16/03/2016 by the Anapa Forensic Bureau (abrasions on upper and lower extremities caused by hard blunt objects between 28 and 29/12/2015. Abrasions on the wrists could have been caused by handcuffs, abrasions on the first left toe could have been caused by a hard blunt object. Abrasions on the 5th right finger, 3-5th left fingers, right heel and the back of both shins could be traces of electrocution); (ii) medical examination act no. 271/2016 of 21/06/2016 by the Krasnodar Region Forensic Bureau confirmed the conclusions of the forensic examination of 16/03/2016; however, it was impossible to determine that the abrasions on the 5th right finger, 3-5th left fingers, right heel and the back of both shins could have been caused by electrocution only).
3rd applicant: (i) certificate no.12238 of 24/11/2015 by the Anapa town hospital (open wound of the 2nd right finger with damage to cartilage); (ii) medical examination act no. 28/2016 of 18/01/2016 by the Anapa Forensic Bureau (abrasion of 6x8 sm. on the right part of the chest); (iii) excerpt from the applicant’s medical record no.1545 of
20-21/01/2016 by the Anapa town hospital (post-traumatic neurological syndrome); (iv) medical examination act
no. 271/2016 of 21/06/2016 by the Krasnodar Region Forensic Bureau confirmed the conclusions of the forensic examination of 18/01/2016 and stated that the injury could have been caused by hard blunt object on/around 25/11/2015.
4th applicant: (i) excerpt from the applicant’s medical record of 29/01/2016 by the trauma unit at the Anapa town hospital (closed craniocerebral injury, cerebral contusion); (ii) medical examination act no. 90/2016 of 05/02/2016 by the Anapa Forensic Bureau (abrasion on the right wrist, post-traumatic neurological syndrome, periarthritis of the right shoulder blade, venous congestion of both brain hemispheres. The injuries could have been caused between 25 and 27/12/2015 by a hard blunt object); (iii) medical examination act
no. 269/2016 of 21/06/2016 by the Krasnodar Region Forensic Bureau confirmed the conclusions of the forensic examination of 05/02/2016 and stated that the closed craniocerebral injury could not be confirmed).
On 01/06/2016 joint complaint to the Krasnodar Region investigative committee/refusals to open a criminal case/On 23/11/2017 the criminal case was opened. The investigation was repeatedly terminated and reopened, last - decision to terminate the proceedings taken on 22/07/2020 for the lack of constituent elements of a crime (the applicants’ allegations were unsubstantiated as the implicated police offers and their colleagues denied involvement).
On 18/05/2021 the Oktyabrskiy District Court in Krasnodar rejected the applicants’ complaint against the last termination as ungrounded /on 14/07/2021 the decision was upheld by the Krasnodar Regional Court.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
25396/22
25/04/2022
Denis Vasilyevich KHALYAVIN
1975
Aleksandr Leonidovich Uvarov
Nizhniy Tagil
On 15/07/2021 the applicant was arrested by police officers of the Nizhniy Tagil police department no. 16. During the arrest the officers twisted his arms, beat him and stood on his legs when he was on the ground. At the police station, they continued to use force against the applicant.
Medical examination record of 15/07/2021 by the first-aid clinic in Nizhniy Tagil (bruises, bloodstains, abrasions on both legs and arms).
On 18/07/2021 complaint to the police / 22/08/2021 first refusal to open criminal case due to the lack of corpus delicti (last refusal - 26/03/2022).
On several occasions (latest being on 08/04/2022) the Leninskiy District Court of Nizhniy Tagil in the Sverdlovsk Region discontinued the examination of the case as the impugned refusals had been overruled by the investigators’ superiors shortly prior to the examination.
The applicant was arrested on a suspicion of theft. No official charges have been filed.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
25739/22*
22/03/2022
Andrey Valeryevich ZAVGORODNIY
1978
Aleksandr Gennadyevich Kruglov
Samara
On 12/07/2021 the applicant was arrested on suspicion of an administrative offence and on 13/07/2021 placed in the IVS at the Samara police department where he was allegedly subjected to ill-treatment by police officers, in particular while being held in a metal cage on 15/07/2021. On 15/07/2021 the officers called an ambulance. The applicant was taken to the hospital with head injuries where he was treated until 20/07/2021.
Medical examination on 12/07/2021 after the applicant’s arrest (no visible injuries, no intoxication).
Record of an administrative arrest of 12/07/2021 (no bodily injuries).
Certificate of the Samara hospital no. 1 (at 10.55 p.m. on 13/07/2021 the applicant was taken to the hospital where an X-ray examination of the skull showed no pathology).
Medical examination at 10.15 a.m. on 14/07/2021
(bruising in the area of the right eye and an abrasion in the area of the left eyebrow).
Medical examination on 20/07/2021 by a forensic expert (two stitched wounds on the right side of the forehead and a wound in the area of the left eyebrow, bruising to the face and right hand, abrasions on the right hand).
On 21/07/2021 complaint with the Sovetskiy inter-district unit of the Samara regional investigative committee/ on 05/08/2021 refusal to open a criminal case, overruled on 20/08/2021 by the investigators’ superiors as incomplete (e.g. documents of the applicant’s medical examinations had not been obtained), no convincing explanation of the injuries.
The applicant’s appeal against the inactivity of the investigators was dismissed by the Sovetskiy District Court on 26/10/2021/upheld by the Samara Regional Court on 19/01/2022.
On 13/07/2021 the Leninskiy District Court of Samara convicted the applicant of using foul language in a public place and sentenced him to five days’ detention/on 23/09/2021 the Samara Regional Court terminated the administrative proceedings against the applicant for lack of evidence.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
33282/22*
20/06/2022
Mushvig Mekhman ogly GULIYEV
1975
Mushvig Allakhshukur ogly SHYKHALIYEV
1972
Ramin Ramiz ogly SHAKHMAROV
1978
Elza Albertovna Valiyeva
Nizhniy Novgorod
Applicant 1 (Mr Guliyev) - On 06/03/2018 police officers escorted the applicant to the police department in Orenburg, on the way one officer allegedly punched the applicant in the neck. On 07/03/2018 in the same police station, the applicant was suffocated and beaten multiple times (including when his hands were tied behind his back) on his chest, neck and head. The officers also used a stun gun on his stomach, legs, head, heart and groin and threatened him with sexual violence to obtain his self-incriminating statements as well as statements against the other two applicants.
Applicant 2 (Mr Shykhaliyev) - Between 06/03/2018 and 07/03/2018 the police officers of the Abdulino police department in the Orenburg Region threatened the applicant; on 07/03/2018 he was taken to the Orenburg police department where the officers beat him, and several times pressed his genitals with their feet for up to 15 min at a time. On 08/03/2018 the officers forced the applicant on his knees and used a stun gun on his shoulder and thighs.
Applicant 3 (Mr Shakhmarov) - On 07/03/2018 officers of the Abdulino police department of the Orenburg Region beat the applicant on various body parts and put him in a folded position with his hands behind his back for four hours of transit to the Orenburg police department. There on 08/03/2018 police officers continued to beat and suffocate the applicant.
All 3 applicants: Forensic medical examinations no. 1032, 1033 and 1034 of 14/03/2018 by the Orenburg Forensic Bureau (no injuries were found on all three applicants).
Medical records of IVS and SIZO-1 in Orenburg of 09/03/2018 and 10/03/2018 respectively - no injuries were found on all three applicants. The medical examination took place in the office of the Orenburg Investigative Committee.
Applicants 2 and 3 - medical examination act
no. 6-1-7/ # 3 of 17/03/2018 by the Orenburg Hospital no. 4 (point-like abrasions on the right thigh for Applicant 2 and several abrasions and bloodstains on arms and stomach injuries for Applicant 3).
Applicant 1 - medical examination by the Orenburg Hospital no. 4 and forensic medical act
no. 1172 by the Orenburg Forensic bureau both held on 23/03/2018 (no injuries were found, only some pigmentation on the right thigh).
Applicant 2 - forensic medical act no. 1152 of 23/03/2018 by the Orenburg Forensic bureau (abrasions on the left leg likely caused by a hard blunt object after the examination on 09/03/2018).
Applicant 3 - forensic medical act no. 1171 of 23/03/2018 by the Orenburg Forensic bureau (abrasions and bloodstains on arms likely caused by a hard blunt object within 5-10 days prior to the examination).
As of 11/03/2018 all three applicants complained about ill-treatment to the investigators during their interrogations / on 29/06/2018 the criminal case into alleged ill-treatment was opened, 02/07/2018 this decision was quashed. Several rounds of opening a case and then closing the investigation. Last termination of the criminal case - 12/10/2020.
On 28/01/2022 the Promyshlenniy District Court of Orenburg rejected the applicants’ complaint against the last termination / On 16/03/2022 the Orenburg Regional Court upheld it on appeal.
All three applicants were charged with murder. However, the charges were dropped due to the applicants’ non-involvement in the crime (investigator’s decisions of 26/12/2018 and 21/02/2019 respectively).