Published on 27 March 2023
THIRD SECTION
Application no. 21305/20
Aleksandr Andreyevich KOSTYUK against Russia
and 12 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
Judicial review of the complaint
Appeal decision
Information relating to conviction
Other complaints under well‑established case-law
21305/20
28/04/2020
Aleksandr Andreyevich KOSTYUK
2002
Raushaniya Rustemovna Kamalova
Kazan
On 03/08/2019 the applicant, a minor at the time, participated in a manifestation for fair elections to Moscow Duma, during which police officers hit him on the head and beat him with the rubber truncheons on the ribs, head and legs. At 4.32 p.m. the applicant was brought to the police station “Obruchevskoye” in Moscow, where he complained of headache. The ambulance was called only upon arrival of his representative at 5.25 p.m.
Discharge notes of 06/08/2019 from medical file no. 8935-2019 by the Emergency Paediatric Surgery and Traumatology Institute in Moscow (brain concussion, bruises, abrasions of the head, neck, left shoulder).
On 06/08/2019 complaint lodged by the applicant’s mother with the Tverskoy District Investigative Committee/ refusal to open a criminal case on 07/08/2019.
On 30/08/2019 the Tverskoy District Court in Moscow examined the appeal against the refusal and dismissed it as unsubstantiated/On 18/11/2019 the Moscow City Court upheld that decision on appeal.
On 04/12/2019 the Commission for Delinquent Minors found the applicant guilty of participation in unauthorised manifestation under Art. 20.2(5) of the CAO and fined him RUB 10,000
21809/20
28/04/2020
Andrey Vitalyevich KURGIN
1981
Diana Rashitovna Fayzullina
Kazan
On 03/08/2019 at 3.30 p.m., the applicant participated in a manifestation for fair elections to Moscow Duma. During the event the police officers beaten him with rubber truncheons, punched and kicked him on the torso, arms and legs.
Medical certificate of 04/08/2019 by the Moscow City Clinic no. 15 (multiple bruises, abrasions on both arms, bruises on the right thigh).
On 06/08/2019 complaint to the Tverskoy District Investigative Department/ on 07/08/2019 refusal to register the complaint as no indication of criminal actions by the police officers had been detected- the use of force against the applicant was justified (letter by the head of the department).
On 02/09/2019 the Tverskoy District Court in Moscow dismissed the appeal against the 07/08/2019 letter on the grounds of the lack of the subject-matter: the applicant’s complaint had not been registered by the law-enforcement authorities and no decision refusing to open a criminal case had been taken/On 11/11/2019 the Moscow City Court upheld that decision on appeal.
The applicant was not charged with any offence.
23911/20*
15/06/2020
Aleksandr Vladiimirovich SVIDERSKIY
1979
Yekaterina Vanslova
Nizhniy Novgorod
On 03/08/2019 the applicant participated in a manifestation for fair elections to Moscow Duma. During his apprehension at the event police officers beat him on the torso and extremities. At 4.30 p.m. the applicant was brought to the “Kuntsevo” police station and released at 10.30 p.m. on the same date.
Medical record
no. 13423 of 05/08/2019 by the 1st unit of Moscow City Clinic no. 115: contusions, bruises in the chest area on the left, lumbar area on the left, abrasions of knee joints.
On 21/08/2019 complaint to the Head of the Russia Investigative Committee/on 21/08/2019 letter refusing to register the complaint as no indication of criminal actions by the police officers had been detected- the use of force against the applicant was justified.
On 27/09/2019 complaint to the Internal Investigations’ unit of the Moscow Police Department/ on 27/09/2019 refusal to carry out an inquiry into the allegations.
On 17/09/2019 the Basmanniy District Court in Moscow dismissed the appeal against the 21/08/2019 refusal for the lack of the subject-matter: the applicant’s complaint had not been registered by the law-enforcement authorities and no decision refusing to open a criminal case had been taken/On 24/12/2019 the Moscow City Court upheld that decision on appeal.
On 09/10/2019 the Presnenskiy District Court in Moscow dismissed the applicant’s appeal against the 27/09/2019 refusal/on 16/12/2019 the Moscow City Court upheld that decision on appeal.
The applicant was convicted under Article 20.2 § 5 of the CAO and sentenced to the payment of an administrative fine of RUB 20,000.
Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - "Dopuskay" manifestation on 03/08/2019. Conviction under
Article 20.2 (5) of the CAO, administrative fine of
RUB 20,000. Final - Moscow City Court, 26/09/2019.
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 26/09/2019, Moscow City Court
(see Karelin v. Russia,
no. 926/08,
20 September 2016),
Art. 5 (1) - unlawful detention - Applicant taken to the police station as an administrative suspect: no evidence / assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity
(see Korneyeva v. Russia,
no. 72051/17, § 34, 8 October 2019; Ryabinina and Others
v. Russia [Committee],
nos. 50271/06 and 8 other applications, § 35,
2 July 2019).
23914/20*
15/06/2020
Mikhail Alekseyevich FAYTO
1990
Yekaterina Vanslova
Nizhniy Novgorod
At 2.40 p.m. on 03/08/2019 the applicant participated in a manifestation for fair elections to Moscow Duma. During his apprehension at the event the police officers allegedly hit him on his lower back and handcuffed him. At 4.20 p.m. he was taken to the “Pechatniki” police station, where he complained in vain about the injuries. The ambulance was called only upon arrival of the applicant’s representative at about
1 p.m. on 04/08/2019.
Medical examination
no. 908639562 of 04/08/2019 by the Puchkov Ambulance Station in Moscow: contusion of the chest on the right, contusion of the left shoulder and forearm, abrasion of the soft tissues of the face on the left, damage to the ligaments of the finger of the left hand.
Medical record
no. 14874 of 05/08/2019: multiple abrasions of the face, torso and limbs, damage to the ligaments of the finger.
On 16/08/2019 complaint with the Internal Investigations Department of the Moscow Police / refusals to open a criminal case on 06/09/2019 and 20/09/2019.
On 21/08/2019 complaint to the Head of the Russia Investigative Committee /On the same date refusal to register the complaint.
On 04/10/2019 the Presnenskiy District Court in Moscow dismissed the applicant’s appeal against the 20/09/2019 refusal to open a criminal investigation/On 16/12/2019 the Moscow City Court upheld that decision on appeal.
On 17/09/2019 the Basmanniy District Court in Moscow examined and dismissed the appeal against the refusal to register the complaint of 21/08/2019 finding that “it did not have legal consequences for the applicant”/On 24/12/2019 the Moscow City Court upheld that decision on appeal.
The applicant was convicted under Article 20.2 § 5 of the CAO for participation in unauthorised demonstration and sentenced to the payment of an administrative fine of RUB 15,000.
31751/20
24/07/2020
Dmitriy Aleksandrovich BATURO
1992
Yekaterina Vanslova
Nizhniy Novgorod
On 06/10/2018 the applicant participated in manifestation “Protest of unlimited duration” in Moscow, during which two police officers twisted his arms, kicked him and dragged him to the police bus to be taken to the Tverskoy district police station. While on the bus, another officer kicked the applicant in the chest. At 9 p.m. ambulance was called to the police station, and it took the applicant to a hospital.
Ambulance checklist of 06/10/2018 by the Puchkov Ambulance Station in Moscow: the patient’s condition necessitated hospitalisation.
Extract from medical file no. 36352-18 of 12/10/2018 by the Sklifosovskiy Institute of Emergency Care in Moscow: hospitalised from 06/10/2018 to 12/10/2018, acute pancreatitis and hematoma of the left shoulder which could have occurred as result of a traumatic impact.
Ultrasound of the abdomen of 13/10/2018 by private clinic “First Doctor”: indications of the increase in the size of the liver, gallbladder and spleen.
Forensic examination of the applicant on 06/11/2018 by the Private Institute of Forensic Science in Moscow: dull trauma of the abdomen: with possible rupture and microdamage to the pancreas as a result of the traumatic impact on 06/10/2018.
On 25/10/2018 the applicant complained to the Tverskoy district investigative committee and the Moscow police/On 04/12/2018 the Head of the Internal Investigations Unit of the Moscow police concluded that the two police officers had not used physical force against the applicant/On 04/03/2019 the Tverskoy district investigative committee informed the applicant by a letter that his allegations had been verified without carrying out an inquiry and no violations were established.
On 26/04/2019 the applicant complained about the letter of 04/03/2019 to the Tverskoy District Court in Moscow alleging the authority’s failure to open an inquiry into his ill-treatment/On 15/05/2019 the court dismissed it for the lack of the subject-matter: no procedural decision refusing to open a criminal case had been taken/On 05/08/2019 the Moscow City Court overruled that decision on appeal and sent the case for a fresh examination/on 14/11/2019 the Tverskoy District Court examined the complaint and found that it had been duly examined by the police and that there were no grounds to open an inquiry /On 17/02/2020 the Moscow City Court upheld that decision on appeal.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
40094/20*
06/08/2020
Andrey Nikolayevich KOCHENOV
1957
Svetlana Anatolyevna Toreyeva
Moscow
On 05/05/2018 the applicant participated in manifestation “He is not Tsar to us”, during which he was punched in the face and beaten on the head by six Cossacks (para-military troops who officially assisted the police) with the acquiescence of the surrounding police officers.
Medical certificate from the Sklifosovskiy Institute of Emergency Care of 05/05/2018: injuries to soft tissues of the head and the face.
On 05/05/2018 complaint with the Tverskoy district police department, then on 24/07/2018 complaint to the Moscow Prosecutor/Letter informing about a refusal to open a criminal case of 14/09/2018. Neither copy of the refusal nor information about the body which had taken the decision was provided.
On 07/02/2020 the Tverskoy District Court in Moscow examined the applicant’s complaint about the failure of the Tverskoy district police department to investigate his ill-treatment and rejected it as unsubstantiated/On 27/04/2020 the Moscow City Court upheld the decision on appeal.
No charges were brought against the applicant.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
317/21
16/12/2020
Aleksandr Sergeyevich GLUSHAK
1984
Crew Against Torture
Nizhniy Novgorod
On 27/07/2019 the applicant took part in a manifestation for fair elections to Moscow Duma during which a police officer hit him on the torso and used a stun gun on him. Then he was taken to a police station and released on 29/07/2019.
Medical certificate of 29/07/2019 by Moscow City Hospital no. 23 (bruises and abrasions on the chest). Forensic examination act no. 47Д-19 of 07/08/2019 by the Moscow Forensic Bureau: crusts from abrasions or burns that could have been caused by objects with traumatic surface, caused up to seven-fifteen days prior the examination. Forensic examination act no. 102/2020 of 05/06/2020 by the same bureau: the expert examined the applicant’s t-shirt: round-shaped defect caused by the thermal effect of a stun gun.
On 21/08/2019 the applicant complained to the Moscow Investigative Committee/On 10/09/2019 his complaint was transferred to the Tsentralniy Police Department in Moscow/No reply followed.
On 19/02/2020 the applicant contested the police inaction before the Presnenskiy District Court in Moscow. On 19/02/2020 the court refused to examine the complaint for the lack of subject-matter as the applicant had allegedly failed to explain what exactly the investigator had not done/On 17/06/2020 the Moscow City Court quashed that decision on appeal, examined the complaint and dismissed it as unsubstantiated.
No conviction.
9648/21
24/01/2021
Darya Alekseyevna SOSNOVSKAYA
1993
Tatyana Valeryevna Molokanova
Moscow
On 10/08/2019 the applicant participated in a demonstration for fair elections to Moscow Duma, during which she was punched in the stomach by a policeman and hit on the head with a truncheon by another. After that she was taken to the Taganskiy district police station, where she was detained until 11/08/2019.
Medical certificate of 11/08/2019 by the Moscow Town Clinic no. 219: injury of the soft tissue of the head to the right.
Excerpt from medical file no. 2019-49262 of 12/08/2019 by Town Clinical Hospital no. 7: closed craniocerebral trauma, brain concussion and injury of the soft tissue of the head.
On 12/08/2019 complaint to the Tverskoy district investigative committee/On 19/09/2019 the head of the Basmanniy district investigative committee, where the complaint had been transferred, informed the applicant by a letter that the complaint had been forwarded to the Moscow Department of the Russian Guards Service for internal investigation/No further information followed.
On 16/10/2019 the applicant complained to the Basmanniy District Court in Moscow about the authorities’ failure to open an inquiry into her ill-treatment/On 23/06/2020 the court examined the complaint and found it unsubstantiated/On 29/07/2020 the Moscow City Court upheld that decision on appeal.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
35101/21*
03/07/2021
Dmitriy Sergeyevich YARTSEV
1988
Anton Igorevich Ryzhov
Nizhniy Novgorod
On 19/01/2020 the applicant took part in LGBTQ manifestation in Moscow during which he was beaten by police officers and then at 3.30 p.m. taken to the Arbat district police department. He was charged with an administrative offence under Art. 6.21 of the CAO and released at
11 p.m.
Medical certificate of 20/01/2020 by Moscow City Hospital no. 13: bruises to the soft tissue of the head and the chest.
Report of the hospital’s neurosurgeon, no. MK 2283/20 of 20/01/2020: bruises to the soft tissue of the head and painful palpation of the spine.
On 23/01/2020 the applicant complained the Tsentralniy district investigative department in Moscow/On 02/06/2020 the committee informed the applicant by a letter about their decision not to carry out an inquiry into his allegations of ill-treatment.
On 09/07/2020 the applicant appealed to the Head of the Investigative Department against the decision not to carry out an inquiry/On 23/10/2022 the latter dismissed his appeal/ The applicant contested the authorities’ inaction before the Presnenskiy District Court in Moscow/On 02/02/2021 the court dismissed the appeal/On 12/05/2021 the Moscow City Court upheld the decision.
The charges against the applicant were dropped.
Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - The applicant complained that because of the police violence against him during the dispersal of the demonstration he could not enjoy their right as provided for in Article 11 of the Convention (see Zakharov and Varzhabetyan
v. Russia, nos. 35880/14 and 75926/17, §§ 77-91,
13 October 2020);
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
38349/21*
15/07/2021
Yelena Grigoryevna AREFYEVA
1955
Danil Ilnurovich Nurgaleyev
Kazan
On 31/01/2021 the applicant participated in a demonstration in support of A. Navalnyy in Chelyabinsk, during which a police officer shoved her on the ground. As a result of the fall, which was filmed on camera, an ambulance was called and took the applicant to a local hospital.
Medical certificate of 31/01/2021 by Trauma Centre no. 8 in Chelyabinsk: fracture of the left shoulder bone.
Forensic examination report no. 1359 of 26/03/2021 by the Chelyabinsk Regional Forensic Bureau: fracture of the left shoulder bone which could have occurred as a result of a traumatic impact in the circumstances described by the applicant.
i. On 01/02/2021 the ill-treatment complaint to the Tsentralniy district police station and on 05/02/2021 to the Chelyabinsk investigative committee/On 11/03/2021 the latter informed the applicant by a letter that there were no grounds for carrying out an inquiry into her allegations.
ii. On 28/10/2021, in compliance with the court’s decision of 02/04/2021, the investigative committee carried out an inquiry and refused to open a criminal case.
i. On 23/03/2021 the applicant appealed against the authorities’ failure to take steps to verify her allegations to the Tsentralniy District Court in Chelyabinsk/On 02/04/2021 the court allowed the complaint in full/ on 14/05/2021 the Chelyabinsk Regional Court upheld that decision on appeal.
ii. The applicant appealed against the refusal of 28/10/2021 to the Tsentralniy District Court, which on 15/12/2021 refused to examine it as the impugned refusal had been overruled by the investigators’ superiors on 14/12/2021/ Upheld on appeal by the Chelyabinsk Regional Court on 04/02/2022.
38372/21
15/07/2021
Yegor Viktorovich POPLEVIN
1992
Danil Ilnurovich Nurgaleyev
Kazan
On 23/01/2021 the applicant participated in a demonstration in support of A. Navalnyy in
St Petersburg during which he was beaten with truncheons by four police officers. The beating was filmed on camera.
Excerpt from medical file no. 8078/C2021 of 26/01/2021 by the Elisavetinskaya Hospital in St Petersburg: traumas of the scalp and injuries of soft tissues of the back of the head.
i. On 02/02/2021 complaint to the Tsentralnyy district department of the investigative committee/On 06/03/2021 latter informed the applicant by letter that his complaint had been forwarded to the police for internal check/No further information was given.
ii. On 26/02/2022 in compliance with the court’s decision of 05/10/2021, the investigative committee carried out an inquiry and refused to open a criminal case/On 06/06/022 that decision was overruled by the investigators’ superiors, but the applicant was not informed thereof.
iii. On 06/06/2022 another refusal to open a criminal case was issued. The applicant was not informed thereof.
i. On 16/03/2021 the applicant contested the authorities’ failure to verify his allegations of ill-treatment before the Smolninskiy District Court in St Petersburg/On 22/03/2021 the court refused to examine the complaint/on 04/08/2021 the St Petersburg City Court overruled that decision on appeal and ordered a fresh examination of the complaint/On 05/10/2021 the Smolninskiy District Court allowed the complaint in full.
ii. The applicant appealed against the refusal of 26/02/2022 to the Smolninskiy District Court, which on 06/06/2022 allowed it in part finding that the investigators’ failure to take steps to verify the applicant’s complaint of 02/02/2021 was unlawful.
38632/21*
15/07/2021
Fedor Nikolayevich KHUDOKORMOV
2002
Danil Ilnurovich Nurgaleyev
Kazan
On 02/02/2021 the applicant participated in a demonstration in support of A. Navalnyy in Moscow during which he was hit on the head with a truncheon by a police officer. The incident was filmed on camera.
Medical certificate of 03/02/2021 by the Sklifosovskiy Institute of Emergency Care: closed craniocerebral injury, brain concussion, injury of the soft tissue of the head.
On 04/02/2021 complaint to the Tverskoy district investigative committee/On 09/03/2021 the latter informed the applicant by a letter that his allegations had been verified without carrying out an inquiry and no physical force against him had been used. No further information was provided/On 24/05/2021 the applicant was informed that the Russian Guard Service had carried out an internal inquiry which did not disclose any violations of his rights.
On 23/03/2021 the applicant contested the letter of 09/03/2021 to the Tverskoy District Court in Moscow alleging the authority’s failure to open an inquiry into his ill-treatment/On 05/04/2021 the court refused to examine the complaint for the lack of subject matter: the applicant’s complaint had not been registered by the law-enforcement authorities and no decision refusing to open a criminal case had been taken/On 30/06/2021 the Moscow City Court overruled that decision on appeal and sent the case for a fresh examination/ On 25/11/2021 the Tverskoy District Court again refused to examine the complaint for the lack of subject matter/On 04/04/2022 the Moscow City Court overruled that decision on appeal and sent the case for a fresh examination/On 20/05/2022 Tverskoy District Court allowed the complaint/On 03/08/2022 the Moscow City Court overruled that decision on appeal and rejected the applicant’s complaint having found that the lack of an inquiry into his ill-treatment allegations did not limit the applicant’s access to justice.
40227/21*
15/07/2021
Aleksey Vladimirovich SKORIK
1999
Danil Ilnurovich Nurgaleyev
Kazan
On 31/01/2021 the applicant participated in a demonstration in support of A. Navalnyy in Chelyabinsk, during which a police officer shoved him on the ground making him fall on the right knee, whereas another officer hit him with a truncheon. The incident was filmed on a camera.
Medical certificate of 31/01/2021 by Clinical Hospital no.1 in Chelyabinsk: closed fracture of the right kneecap.
On 02/02/2021 complaint to the Tsentralnyy district investigative committee/On 11/03/2021 the latter informed the applicant by a letter dated 02/03/2021 that there were no grounds for carrying out an inquiry into the allegations/No steps were taken to comply with the decision of the Tsentralnyy District Court of 05/04/2021 and take steps to verify the allegations.
On 16/03/2021 the applicant contested the authorities’ failure to take steps to verify his allegations to the Tsentralnyy District Court in Chelyabinsk/ On 05/04/2021 the court allowed the complaint in full and ordered that the violation be remedied/ On 15/04/2021 the decision entered into force/No steps were taken by the investigating authorities to comply with that decision.