Communicated on 9 October 2018
THIRD SECTION
Application no. 10723/18
Pavel Yevgenyevich KUROV against Russia
and 6 others – 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 applicant in case no. 13701/18 also complained under Article 6 of the Convention about the use of evidence obtained as a result of ill-treatment in the criminal proceedings against him, in breach of this Convention provision.
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.
10723/18
21/02/2018
Pavel Yevgenyevich KUROV
29/04/1997
Lipetsk
Natasha Ognyanova DOBREVA
2.
11545/18
24/02/2018
Igor Viktorovich VLASOV
05/03/1972
Samara
3.
12875/18
19/02/2018
Andrey Grigoryevich GOLOVACHEV
22/06/1967
Kharp
4.
13701/18
12/03/2018
Biyarslan Narimanovich AKAYEV
16/06/1987
Sheksna
5.
16097/18
29/03/2018
Sultankhan Ibragimovich IBRAGIMOV
01/05/1963
Makhachkala
Kirill Nikolayevich KOROTEYEV
6.
22821/18
25/04/2018
Gennadiy Vasilyevich YUDIN
02/02/1971
Varskiye
7.
24996/18
24/05/2018
Taygib Zalbegovich ZALBEGOV
04/10/1982
Makhachkala
Kirill Nikolayevich KOROTEYEV
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 Article 3 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?
4. As regards cases nos. 12875/18 and 22821/18, the Government are requested to submit the following documents: pre-investigation inquiry materials; decisions of the prosecutorial and investigative bodies quashing the refusals to institute criminal proceedings; medical cards or any other relevant documents.
5. As regards case no. 13701/18, having regard to the use of the applicant’s “statement of surrender and confession” (явка с повинной), which was allegedly obtained as a result of his ill-treatment by the police and in the absence of a lawyer, did the applicant have a fair hearing, in accordance with Article 6 §§ 1 and 3 (c) of the Convention (see Turbylev v. Russia, no. 4722/09, 6 October 2015)? The reference in being made to the appeal judgment of 12 December 2017 of the Supreme Court of the Dagestan Republic.
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.
10723/18
Kurov v. Russia
04/06/2015
Bobrov prison (disciplinary cell), Voronezh Region
The applicant was hit with the right arm on the left side, hit with fists upon the belly and ribs, kicked upon ribs and hips, hit and pulled over the ear, kicked upon the ankles
prison guards of Bobrov prison A. G. and A. F.
23/06/2015
Forensic examination report
Voronezh Regional Bureau of Forensic Medical Examination
Bruises on the right shoulder, bruise on the left ankle
2.
11545/18
Vlasov v. Russia
22/01/2013
Police department Tolyatti
Punches and kicks on the head and face
Police officers
23/01/2013
Certificate
Tolyatti traumatology centre
Bruises on soft issues of face, right temple, top of the head
3.
12875/18
Golovachev v. Russia
27/02/2015
IZ-1 Krasnodar Region
The applicant was handcuffed backwards and put into a transit box for three hours. One of the guards repeatedly entered the box and twisted the applicant’s arms.
Detention facility’s guards
01/03/2015
Medical examination upon the applicant’s arrival at IZ-1 Volgograd Region
IZ-1 Volgograd Region
Haematomas on the right and left forearms
4.
13701/18
Akayev v. Russia
10/02/2017
Endirey village, Khasavyurt District, Dagestan Republic
Police
10/02/2017
A forest near the Endrey village, Police station of the Khasavyurt District of the Dagestan Republic
Beatings, electrocution
Police officers
12/02/2017
Medical certificate
IZ-3 of the Dagestan Region
Bruises around the eyes, a bruise on the lower back, abrasions on the fingers of both hands.
The applicant was arrested by police officers while he was on his way from the Endirey village. According to the applicant the policemen were wearing masks.
03/03/2017
Forensic medical report no. 85
Forensic Bureau of the Khasavyurt District
Bruises around the eyes, a bruise on the lower back, abrasions on the fingers of both hands.
It is possible that the applicant got these injuries in the way described.
03/07/2017
Expert report no. 51/07-M/17
Centre of the medical and criminological research
Bruises around the eyes, a bruise on the lower back, abrasions on the fingers of both hands.
It is possible that the applicant got these injuries in the way described.
5.
16097/18
Ibragimov
v. Russia
23/03/2016 at 17.30
Dagestan, Makhachka-la, Gazmat Tsadassa str.
Police
from 22/03/2016 to 30/03/2016
Unknown location
He was kept in an unidentified location for 8 days. He was beaten with hands and legs on his head, face, torso and feet. He was electrocuted.
Police officers
04/04/2016 at 10.40
Expert report
Forensic Bureau of the Dagestan Region
Multiple bruises: face, left shoulder, shins, knees. Small round liaisons on his hands. It is possible that the applicant had received these injuries the way he described.
Plain clothed police officers entered his father’s house. They took the applicant by force and placed him in a car. He was then taken to the Sovetskiy District Police Station and then moved to an unknown location
16/12/2016
Information letter
Medical Unit No. 3, Makhachkala
Bruises: right shoulder, fingers on both hands, right knee, left part of the chest. Aerothorax. Broken ribs: 6-8, left side.
6.
22821/18
Yudin v. Russia
12/03/2016 at about 11 a.m.
Ryazan Region, Varskiye, Shkolnaya Street, near the applicant’s house
Police
from 12/03/2016 to 14/03/2016
Police Department in the Ryazanskiy District of Ryazan (Ryazan, 2nd Prudnaya Street, 10a)
The applicant was beaten by hands and legs on his head, face, and body. He also claims that he was beaten with the help of various office stationery and a rubber dildo. According to him, the police officers also tried to choke him by putting a knee on his neck which made him lose his consciousness.
Police officers Va., Bi. and three other unnamed police officers
15/03/2016
Extract from medical file no. 9116
Traumatology centre at Ryazan City Hospital
no. 2
Soft-tissue bruises on the head, face and both lower legs
Arrested on the administrative charge of being in a public place in a state of alcoholic intoxication (Art. 20.21 CAO), escorted to the police station to draw up a record of administrative offence, on 14/03/2015 brought to the local Justice of the Peace for administrative trial
7.
24996/18
Zalbegov
v. Russia
01/11/2016 at 2.00 am
Makhachkala, Sadovoye tovarisches-tvo str. 80
Police
01/11/2016
Police car and near Kirovskiy police station, Makhachka-la
The applicant was allegedly hit on the head and held by the neck by police officer in the car on the way to the police station. After that, near the police station the applicant was punched and kicked by officers.
Police officers
01/11/2016
Medical Certificate
Traumatology centre at Makhachkala
Bruise at the right chest side
The police officers approached the applicant who was repairing his car. They checked his documents and tried to search the applicant. After he inquired of the reason for the search, the officers decided to escort him to the police station.
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.
10723/18
Kurov
v. Russia
08/06/2015
Investigative Committee of the Russian Federation
Criminal Investigation
21/07/2015
The criminal investigation was terminated on 21/12/2015 (“no evidence of violence by the prison guards”). The applicant unsuccessfully challenged the refusal in court (Appellate Decision of the Voronezh Regional Court of 21/08/2017).
2.
11545/18
Vlasov
v. Russia
18/02/2013
Investigator
Consistently refused
29/12/2017
Latest refusal to prosecute - 17/11/2017, quashed on 29/12/2017 The courts established unreasonable delays in the course of the investigation on two occasions (15/07/2016 and 23/01/2017)
3.
12875/18
Golovachev v. Russia
07/08/2015
Investigative Committee of Russia; Prosecutor’s Office of the Krasnodar Region
Consistently refused
11/04/2015; 06/04/2017; 22/09/2017; 08/12/2017
The Investigative Committee refused to institute criminal proceedings on four occasions (last time - on 08/12/2017); its refusals were quashed on, at least, three occasions: 27/03/2017, 12/09/2017 and 24/11/2017; the applicant also attempted to lodge complaints under Art. 125 CCrP with the domestic courts, however, the court proceedings were subsequently terminated as the refusals had been quashed and additional pre-investigative inquiry had been ordered (see, for instance, decisions of the Oktyabrskiy District Court of Krasnodar of 27/03/2017 and 12/09/2017)
Remarks: The applicant received a copy of the initial refusal to institute criminal proceedings of 11/04/2015 only on 16/11/2016. The refusals to institute criminal proceedings were taken on formal grounds as the information requested had not been provided by the detention facilities involved.
4.
13701/18
Akayev
v. Russia
14/02/2017
Investigator
Refused, then granted
03/05/2017 - refusal to initiate a criminal case.
On 08/08/2017 the refusal was annulled
The investigation seem to be pending (refusal to initiate a criminal case was annulled on 08/08/2017). Trial and appeal court looked into ill-treatment allegations and dismissed them (appeal judgment of 12/12/2017)
Remarks: The trial court provided no plausible explanation to the applicant’s injuries was provided (except for the general phrase that the force was used during the applicant’s arrest)
5.
16097/18
Ibragimov
v. Russia
22/07/2016
Investigator
Consistently refused
25/07/2016, 01/03/2017, 17/06/2017
The applicant appealed against the refusal of 25/07/2016 under Article 125 of CCP. However, the refusal was quashed by the higher investigator and court proceedings were discontinued. Refusal of 15/05/2017 was quashed by higher investigator. Refusal of 17/06/2017 was appealed against under Article 125. The proceedings were also discontinued on 29/09/2017.
6.
22821/18
Yudin
v. Russia
15/03/2016
Investigative Committee of the Russian Federation
Consistently refused
14/04/2016; 10/11/2016; 25/12/2017; 18/03/2018
The Investigative Committee refused to institute criminal proceedings on at least four occasions (last time - on 18/03/2018); its refusals were quashed by the prosecutor’s office on at least three occasions; the applicant also attempted to lodge complaints under Article 125 CCrP with the Zheleznodorozhniy District Court of Ryazan, however, the court proceedings were both times terminated as the refusals had been quashed and additional pre-investigative inquiry had been ordered (see the respective court decisions of 04/12/2017 and 20/02/2018).
7.
24996/18
Zalbegov
v. Russia
n/a
Investigative Committee of the Russian Federation
Consistently refused
Refusals to initiate criminal proceedings: 22/03/2017, 12/07/2017
The Investigative Committee consistently refused to initiate criminal proceedings. All these refusals were quashed by domestic courts. The latest refusal took place on 12/07/2017. The first instance court quashed it on 20/11/2017. Upheld on appeal on 17/01/2018.
No.
Application No. and Title
APPENDIX No. 3
Other complaints under the well-established case-law
1.
16097/18
Ibragimov v. Russia
Art. 5 – 1 – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis -
from 22/03/2016 to 30/03/2016 ; the applicant was taken to an unknown location by police officers. No record.
2.
24996/18
Zalbegov v. Russia
Art. 5 – 1 – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis -
01/11/2016 at 2.00 am ; the applicant’s arrest had no valid justification
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