Communicated on 27 September 2018
THIRD SECTION
Application no. 36741/09
Mikhail Leonidovich GLAZKOV against Russia
and 6 other applications – see appended list
STATEMENT OF FACTS
The applicants complained under Articles 3 and 13 of the Convention that they had been subjected to ill-treatment by State officials and that the State failed to conduct an effective domestic investigation into those incidents. All of the applicants submitted that their attempts to initiate criminal investigation in connection with the incidents proved futile.
The relevant details regarding the applicants’ allegations and their version of factual circumstances are reflected in the attached appendices. The information regarding the alleged breach of the substantive aspect of Article 3 in contained in Appendix no. 1. The reaction of the domestic authorities to the applicants’ complaints is reflected in Appendix no. 2.
The applicants also raised other complaints, subject of well-established case-law of the Court (see Appendix no. 3).
The table of cases:
No.
Application number
Introduction date
Name of the applicants / date of birth
/ place of residence
Represented by
1.
36741/09
19/06/2009
Mikhail Leonidovich GLAZKOV
08/04/1968
Zelenyy
2.
47821/09
14/08/2009
Yuriy Askhatovich NIGMATULLIN
14/06/1981
Tyumen
3.
48648/09
10/09/2009
Magomed Issayevich KODZOYEV
29/01/1984
Amursk
MEMORIAL HUMAN RIGHTS CENTRE
4.
51696/10
10/06/2010
Aleksey Aleksandrovich KAMENSKIY
13/08/1990
Ivanovo
Irina Yevgenyevna SOKOLOVA
5.
1194/12
22/12/2011
Sergey Sergeyevich MESHKOV
26/03/1989
Penza
6.
47771/12
27/06/2012
Dmitriy Aleksandrovich MIKHEYEV
18/02/1978
Nizhniy Tagil
7.
62972/16
18/10/2016
Marat Aleksandrovich MARTYSHEV
28/05/1973
Yangiabad
Olga Anatolyevna GNEZDILOVA
QUESTIONS
1. Having regard to the injuries found on the applicants after the time spent by them in State custody, have the applicants been subjected to torture, or inhuman or degrading treatment, in breach of Article 3 of the Convention (see, among other authorities, Razzakov v. Russia, no. 57519/09, 5 February 2015; Gorshchuk v. Russia, no. 31316/09, 6 October 2015; Turbylev v. Russia, no. 4722/09, 6 October 2015; Fartushin v. Russia, no. 38887/09, 8 October 2015; Aleksandr Andreyev v. Russia, no. 2281/06, 23 February 2016; and Leonid Petrov v. Russia, no. 52783/08, 11 October 2016)?
2. Have the authorities discharged their burden of proof by providing a plausible or satisfactory and convincing explanation of how the applicants’ injuries were caused (see Selmouni, cited above, § 87, and Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000‑VII and Bouyid v. Belgium [GC], no. 23380/09, § 83 and further, ECHR 2015)?
3. Did the authorities carry out an effective investigation, in compliance with the procedural obligation under Articles 3 and 13 of the Convention (see Lyapin v. Russia, no. 46956/09, §§ 125-40, 24 July 2014), having regard to:
(a) the investigating authorities’ refusals to open criminal cases and investigate the applicants’ allegations of ill-treatment by the State officials, and the overruling of those refusals as unlawful and unsubstantiated by higher investigative authorities or courts, and
(b) the investigating authorities’ inability to implement full investigative measures within the framework of the pre-investigation inquiries, before and/or after amendments to the Code of Criminal Procedure introduced by Federal Law no. 23-FZ of 4 March 2013, for example, confrontations, identification parades, searches, and so forth?
No
Application No. and Title
APPENDIX No. 1
Article 3 - Substantive aspect
ARREST
ALLEGED ILL-TREATMENT
EVIDENCE
Date
Time
Facts
Region Town
Street
Entity
Date
Time
Location
Alleged Facts
Perpetrator(s)
Date
Doc Type
Authority
Description
of Injuries
1.
36741/09
Glazkov
v. Russia
13/05/2008 at 12:30
Astrakhan in front of the applicant’s house
Astrakhan police
Arrested on suspicion of murder
After apprehension of 13/05/2008
from 12:30 to 18:00
In the countryside (outside the city)
Beating, breaking ribs and dental prosthesis, standing over neck
Police officers Ma., Ve., S., So., Li. and 3 others
16/05/2008
Medical report and evidence of 7 witnesses
The report was not enclosed by the applicant, cited by investigator.
"Abrasions in the area of right ankle and right knee, which resulted from an impact of a hard blunt object". Witnesses testified of broken teeth, ribs, having difficulty to move neck and walk, numerous bruises.
2.
47821/09
Nigmatullin
v. Russia
23/11/2007
UBOP GUVD of Tyumen Region
The applicant was tied and thrown on the floor. His head was wrapped with a tape; his clothes were watered for better conductivity; he was tortured with an electric stream approximately from 21:00 to 23:00. The plastic bag was put on his head several times to cause suffocation, in order the applicant signs the confession. Lack of sleep, food and water during questioning at night time.
Police agents from the Organised Crime Unit
03/12/2007
Medical expert examination N9977
Tyumen Regional Bureau of Forensic Medical Examination
No injuries, as the applicant requested for the examination too late and out of fear did not point at the resting injuries.
06/12/2007
Medical expert examination N10096
Bruising on the nose and left cheek.
19/05/2008
ORCh (police investigation premises)
The applicant was forced to wear the gas mask, was beaten and tortured with electricity. Time period: 13:55- 18:50.
Police agents from the Organised Crime Unit
19/05/2008
Extract from the Book of records of pre-trial detention premises IVS N06-08-08
IVS (temporary detention ward)
Hematomas of right and left eyes; hyperaemic spot on the right shoulder.
3.
48648/09
Kodzoyev v. Russia
11/06/2006
Dept. for Combatting Organised Crimes of Republic North Ossetia- Alaniya
Electric chock and needles under the nails used, beatings with rubber and bottles with water.
Police officers
29/06/2006
Medical expert report N1301
Medical Forensic Expert Examination Office of Republic North Ossetia-Alaniya.
Bruises on face and scratches on upper limbs.
4.
51696/10
Kamenskiy v. Russia
03/06/2009
at 15:00 apprehend-ed at home (Ivanovo), was told to come to Police Office of Ivanovo Region (in his own car, followed by police officers)
Ivanovo, 2nd Klyuche-vaya Str. (home address)
Police of Ivanovo Region
03/06/2009
17:00 to
21:00
Teykovo Police Office
Applicant was allegedly beaten (hands and truncheon), tortured with plastic bag, was handcuffed and raped (attempt) with the truncheon in order to make him confess in numerous robberies
Teykovo police officers
05/06/2009
Forensic medical report N 1866
State Forensic Bureau
Two bruises on the forehead, a bruise on the left ear, on the neck, two bruises on the right forearm, two bruises on the chest, numerous bruises on the left shoulder, over the back, hips, legs / 1-4 days since infliction.
5.
1194/12
Meshkov
v. Russia
20/09/2011
Police Office
The applicant allegedly got an injection of unknown substance in his arm (no evidence provided). He was severally beaten on his body, with focus on spine, which caused the fracture of the tailbone. The policemen allegedly poured a bottle of vodka into the applicant’s mouth
Police officers
20/09/2010
Medical expert examination N88-э, N89-э.
Penza Regional Medical Expert Examination Office
Abrasions of the back side of the left hand; bruising of the subscapular region, abrasions of the left forearm, bruising on the left knee- joint. Traces of 3 strikes. Injuries had been received within 2 days before the examination.
6.
47771/12
Mikheyev
v. Russia
03/07/2011 at 15:30
Kazan
Police department no. 14 "Derbysh-ki"
Administrative arrest for 3 days - no criminal inves- tigation; then on 06/07/2011 - arrested for the suspicion of having committed a murder
03/07/2011 to 06/07/2011
Police Dept. 14 "Derbyshki"Kazan
Putting a bag and a gas mask on the head, fly’s unzipping, induce a current into crotch, stabbing in the back and feet.
Officers of the criminal investigative services
07/07/2011
Forensic examination
Not specified
Bruising on the chest, on the lumbar region, on the left thigh, on the left elbow, on the hip - appeared 7-10 days before the medical examination (28 June – 01/07/2011)
7.
62972/16
Martyshev
v. Russia
09/03/2012
Unknown location
The applicant was placed into a police car where he was punched several times with his eyes covered by a hat. Subsequently he was brought to an unidentified building where he was beaten and electrocuted (fingers and genitals). A police officer stood on the internal part of the applicant’s knees while the applicant was lying on the floor.
Police officers
25/10/2012
Medical expert report
Doctors of the Voronezh Bureau of Forensic Medical Examination
Multiple bruises and abrasions on the applicant’s body and limbs (including abrasions on the palms causes by electrocution); raptured liver; scarring on the left inner cheek; broken ribs (4-7 on the right).
No
Application No. and Title
APPENDIX No. 2
Article 3 - Procedural aspect
DOMESTIC COMPLAINT AND THE GOVERNMENT REACTION
Date of
Complaint
Authority
Type of
Reaction
Date(s)
Procedural Outcome
1.
36741/09
Glazkov v. Russia
unclear
Privolzhsky Invistigator’s office of the Prosecution of the Astrakhan Region
Consistently refused
24/11/2008
The Investigative Committee refused to open investigation. The applicant challenged refusal in the national court, but to no avail (Decision of the Privolzhsky District Court of the Astrakhan Region of 23/01/2009).
The applicant alleged that the investigator who refused to open a criminal case was the witness of the applicant’s apprehension and of the infliction of physical injuries on him.
2.
47821/09
Nigmatullin v. Russia
29/08/2008
02/02/2009
Public Prosecutor’s office of Tyumen
Consistently refused
23/06/2009
The last court decision: The Appeal Court of the Tyumen Region supported the decision of the first instance court not to examine the applicant’s complaint under Article 125 in substance.
04/05/2009 14/05/2009 15/05/2009
Courts
3.
48648/09
Kodzoyev v. Russia
28/06/2006
General Public Prosecutor’s Office
Consistently refused
29/06/2006
Refusal to open criminal investigation
22/06/2009
Courts
Consistently refused
30/06/2009; 12/08/2009
Refusals to declare unlawful the investigator’s decision not open criminal investigation on the issue of the applicant’s ill-treatment.
4.
51696/10
Kamenskiy v. Russia
05/06/2009
Investigative Committee of the Ivanovo Region (3.06.09 App’s mother/counsel complained at the Police Office of Ivanovo)
Consistently refused
18/06/2009, 03/07/2009, 20/07/2009 refused; 28/07/2009 quashed, 07/08/2009,
27/08/2009 refused, 07/09/2009 quashed, 22/09/2009 quashed, 02/10/2009,
15/03/2010 refused,
no investigation
no complaint under Article 125 but the refusals repeatedly quashed
5.
1194/12
Meshkov v. Russia
Unknown
Unknown
Investigation Committee
Courts
Consistently refused
28/11/2010 03/01/2011 29/09/2011
Refusal to open criminal investigation
08/08/2012 26/09/2012 17/10/2012 21/11/2012
The Appeal Court overruled the decision of the District Court and sent it for new examination, but by the new decision the applicant’s complaint under Article 125 CCrP was dismissed.
6.
47771/12
Mikheyev v. Russia
Not specified. Repeated requests
The Prosecutor’s Office of the Sovetskiy Region of Kazan
Consistently refused
11/05/2012
On 22/11/2011 the Supreme Court of Tatarstan convicted the applicant of committing a murder. On 09/02/2012 the Supreme Court of Russia upheld this judgment on appeal. The courts did not find an appearance of infringements concerning the alleged facts of ill-treatment.
7.
62972/16
Martyshev v. Russia
22/03/2012
Investigation Committee
Criminal investigation
On 05/04/2012 the criminal investigation into the ill-treatment was initiated.
The one of two alleged perpetrators (police officer M.) was convicted at first. However, on 17/11/2014 the appeal court reversed the conviction. On retrial the prosecutor dropped charges against M. in part concerning ill-treatment of the applicant. Following that, on 30/11/2015, the trial court discontinued criminal investigation against M. in that part (upheld on 18/04/2016 on appeal).
Criminal proceedings against the second alleged perpetrator were suspended on 21/12/2012. The applicant challenged the suspension under Article 125 only in 2016, but to no avail.
No.
Application no.
and case title
APPENDIX No. 3
Other complaints under the well-established case-law
Complaints and events referred to by the applicants
1.
36741/09
Glazkov v. Russia
Art. 5 (3) - 2 - excessive length of pre-trial detention –
from 15/05/2008 to 31/03/2009 lengthy pre-trial detention, insufficient investigative activity during this period.
2.
47821/09
Nigmatullin v. Russia
Art. 3 - 4 - inadequate conditions of detention –
SIZO-2 Zavodoukovsk, from 19/05/2008 to 27/05/2009, cell in basement, no window, no natural light; no access to shower; most of the time kept alone; no writing utensils.
3.
48648/09
Kodzoyev v. Russia
Art. 5 (3) - 2 - excessive length of pre-trial detention –
arrested on 31/05/2006, verdict on 02/02/2011.
4.
51696/10
Kamenskiy v. Russia
Art. 5 – 1 – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis -
1. 03/06/2009 at 15:00; apprehended at home as a suspect in robberies; without a warrant
2. 03/06/2009 at 21:00; administrative arrest for the use of force against police, protocol
3. 04/06/2009 at 17:00; released.
5.
1194/12
Meshkov v. Russia
Art. 5 (3) - 2 - excessive length of pre-trial detention –
from 20/04/2010 to 20/06/2011 with insufficient reasoning for prolongation of detention.
6.
47771/12
Mikheyev v. Russia
Art. 3 - 4 - inadequate conditions of detention –
Police department-14 "Derbyshki", Kazan, from 03/07/2011to 06/07/2011, 1.8x1.5 sq.m., no water, no light, no toilet; no food, no basic necessities
7.
62972/16
Martyshev v. Russia
Art. 5 – 1 – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis –
From 14:00 on 09/03/2012 to 01:00 on 10/03/2012; The applicant was taken from his home by police officers. He was allegedly brought to some unidentified building where he was tortured. Specific facts are not clear.
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