Communicated on 30 May 2018
THIRD SECTION
Application no. 20605/11
Yevgeniy Vladimirovich PANCHENKO against Russia
and 5 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 table of cases:
No.
Application number
Introduction date
Name of the applicant / date of birth /
place of residence
Represented by
1.
20605/11
18/02/2011
Yevgeniy Vladimirovich PANCHENKO
14/10/1974
Barnaul
2.
38614/13
13/05/2013
Valeriy Gennadyevich FEDOROV
21/08/1970
Korolev
3.
48841/13
20/06/2013
Viktor Anatolyevich ZALOZNYY
12/06/1977
Aleksandriyskaya
4.
52372/14
20/10/2014
Sergey Mikhaylovich KRIVONOGOV
15/05/1949
Vostochnyy
5.
4878/15
20/01/2015
Yekaterina Igorevna ZAYTSEVA
10/02/1988
Nizhniy Novgorod
Olga Aleksandrovna SADOVSKAYA
6.
26299/15
30/03/2015
Denis Mikhaylovich KALININ
16/05/1980
Cherepovets
Marat Munirovich ZINNATULLIN
QUESTIONS TO THE PARTIES
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 and Article 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
Region /
town /street
Entity
Facts
Date / time
Location
Alleged Facts
Perpetrator(s)
Date
Doc. Type
Authority
Description
of Injuries
1.
20605/11
Panchenko v. Russia
16/04/2010 at around 5:00: arrest record drafted on 19/04/2010 at 15:45
Barnaul, Altai Region
Police
On 16/04/2010 while a search had been conducted in the applicant’s apartment, he attempted to commit suicide by hanging. Policemen stopped him. The applicant was taken to city hospital No. 1. He was held in the hospital between 16/04/2010 to 19/04/2010. On 19/04/2010 he was taken to an IVS where an arrest record was drafted.
17/04/2010 - 19/04/2010 in the evening
City Hospital of Barnaul No. 1
On 16 April 2010 the applicant attempted to commit suicide by hanging. He was taken to hospital no. 1. The next day he was transferred to a separate room where we was handcuffed to his bed (both his arms and legs were cuffed to his bed). The applicant was naked.
The applicant alleged his cuffs to have been tightened in order to cause pain and suffering. He also claimed to be suffocated by a towel and beaten.
Policemen Mr G., Mr M., Mr Kh., Mr B., Mr T., Mr Ms.
20/04/2010
Forensic examination report No. 2432
Forensic Bureau of the Altai Region
Detailed description of the applicant’s condition from 16/04/2010 to 20/04/2010 (the applicant’s condition after his suicide attempt and his subsequent recovery). The applicant had several bruises: on the nose, on the left cheek, on left and right shoulders. Abrasions on the left knee and left ankle, on fingers of both hands, on both wrists. All injuries aged
3-5 days.
The applicant also had an abrasion and a bruise on his neck following asphyxiation and the hyoid bone fracture.
04/05/2010
Medical certificate
Unknown (allegedly the applicant was examined before his placement in a remand prison)
Fading ligature mark on the neck, fading wrists, ankles and lower back abrasions
14/07/2010
Psychiatric examination report no. 075/10-C
Psychiatric hospital of the Altai Region named after Y.K. Erdman
Partial rapture of the deltoid muscle
09/03/2012
Medical examination report
IK-3 of the Irkutsk Region
Scars on the applicant’s wrists (length - 3-6 cm, width - 1-4 mm); ligature mark on the left ankle 3-3 mm in width
2.
38614/13
Fedorov v. Russia
10/04/2012-11/04/2012
at night
Police station of Yubileynoye, Moscow Region
A kick on the right side of the chest with a leg, after a couple of hours - another one
Officers K. and Sch.
10/04/2012-13/04/2012
Ambulance certificates (карты вызова скорой помощи)
Korolev Town Hospital
Pain in the chest on the right, bruise on the right side of the chest, broken rib
11/04/2012
Medical certificates (X-ray results)
Korolev Town Hospital
After the first visit - 9th rib on the right broken
After the second visit - 8th, 9th and 10th ribs on the right broken
24/04/2012
Medical certificate (выписка из медицинской карты)
Korolev Town Hospital
Broken ribs, pain in the chest on the right, bruise on the right side of the chest
3.
48841/13
Zaloznyy v. Russia
11/04/2011-12/04/2011
Police station No. 15 (OM-15) of Sochi
Kicks on the legs (incl. heels, knees), handcuffing, placing a plastic bag on his head
Officers B., D., S.
12/04/2011
Forensic expert opinion
Forensic Bureau No. 2 of Sochi
Swollen right knee, bruises on both wrists, bruises on the left hip
28/11/2011
Witness’ testimony
Co-arrestee
Heard the applicant’s shouts from an office next door at the same police station
4.
52372/14
Krivonogov v. Russia
18/10/2011,
after 22:00
Police station No. 4 (OP-4) of Perm
Kicks on the head with a heavy book (dossier), kicks on the face with fists
Officers N., V., L., K.
19/10/2011
Certificate
Town Hospital of Perm
Injuries of face tissues and of scalp
19/10/2011
Certificate
Ambulance Department
Brain concussion
20/10/2011
Photos
IVS of Perm
Bruise around the right eye
08/01/2013
Forensic expert opinion
cited in the refusal to prosecute of 21/11/2013
Bruise on the face which is caused by a hard object
5.
4878/15
Zaytseva v. Russia
15/09/2012
Svobody square, Nizhny Novgorod
The applicant, an organizer of a manifestation (within the "March of millions"), tried to prevent a police officer from arresting a participant of that manifestation. To do that, she tried to take the helmet off the officer’s head. The officer hit her on the head with a rubber truncheon
Officer L.
15/09/2012
Print out of the video
Contained in an expert opinion (unspecified expert)
02/10/2012
Medical certificate (выписка из медицинской карты)
Town Hospital No. 39 of Nizhny Novgorod
Swollen top of the head (4x5 cm), brain concussion
6.
26299/15
Kalinin v. Russia
03/03/2012 at 21:30
Krasnodar, SC SU UMVD
Police
Actually arrested on 02/03/2012 at 21:30 in a friend’s flat
During arrest: from 02/03/2012 21:30 to 03/03/2012 06:00
28 Chekistov ave.,flat 28, Krasnodar
Blows with arms and legs on the head and the body; handcuffing, one hand being tied with the other suspect’s hand (one pair of handcuffs for two); laying on the floor face down; blows with a 19-litre plastic bottle on the head and groin; blows on ears; aiming a pistol at him
Policemen K., B., O., B., G.
03/03/2012
Medical Certificate
Drug addiction clinic
Asymmetric face because of swollen left cheek
At the police station
Krasnodar, SC SU UMVD
Handcuffing; blows with arms and 1.5-litre plastic bottles filled with water;
Policemen O., G.
12/03/2012
Medical certificate (выписка из амбулаторной карты)
Traumatology ward No. 7 Krasnodar
Bruises on the face, limbs, groin
25/04/2012
Forensic
examination report (on the basis of medical documents only)
Forensic Bureau of the Krasnodar Region
Blunt injuries; impossible to determine exactly the date of infliction
30/07/2014
Forensic
examination report (on the basis of medical documents only)
Forensic Bureau of the Krasnodar Region
Blunt injuries caused by hard objects some characteristics of which can belong to human arms and legs
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.
20605/11
Panchenko v. Russia
29/08/2012
Investigator of the Oktyabrskiy District of Barnaul
Consistently refused
Refusal to initiate criminal investigation -16/09/2013;
Decision of the Oktyabrskiy District Court of 20/04/2015; Appeal decision of the Altai Region Court of 29/05/2015
Refusal to initiate criminal investigation: the fact of handcuffing the applicant (arms) was confirmed, other ill-treatment allegations dismissed as ill-founded.
2.
38614/13
Fedorov v. Russia
14/04/2012
Korolev Prosecutor’s office
Consistently refused
19/02/2014
Numerous refusals to prosecute. The latest refusal to prosecute of 19/02/2014 was quashed on 27/05/2014. No further information
Main version: injuries after falling down on asphalt.
Korolev Town Court decision of 27/05/2014. Any progress of the case
3.
48841/13
Zaloznyy v. Russia
12/05/2011
Sochi Investigation Committee
Consistently refused
05/10/2012
The latest refusal to prosecute was quashed Three refusals, all quashed
Refusals to prosecute of 03/07/2011, 21/11/2011, 23/07/2012.
4.
52372/14
Krivonogov v. Russia
18/04/2012
Perm Investigation Committee
Consistently refused
Latest refusal - 27/10/2014
Numerous refusals, no progress in the investigation
5.
4878/15
Zaytseva v. Russia
18/09/2012
Investigator of the Investigative Division of the Nizhegorod-skiy District in Nizhniy Novgorod
Consistently refused
17/10/2012
24/03/2013
25/11/2013
On 26/09/2014 the latest refusal to prosecutor was quashed by court, no further steps were taken in the investigation On 24/09/2014 a court found the latest refusal to prosecute incomplete. The courts and investigators apparently did not examine proportionality of the measure.
6.
26299/15
Kalinin v. Russia
28/03/2012
Investigator of the Investigation Committee of the Zapadnyy District of Krasnodar
Criminal Investigation
23/01/2013
2 suspensions, 10 refusals to open criminal case before 23/01/2013; 7 terminations of the criminal case; investigation currently pending; Investigatory Committee "reprimanded" the investigator for excessive length of the investigation
Criminal case opened as to the fact of the applicant’s unlawful detention in the flat, without reference to violence (ч. 1 ст. 286 УК). Many of the procedural decisions (incl. terminations) were not served on the applicant; numerous complaints by the applicant about defects in the investigation (some granted, some dismissed)
Investigator of the Investigation Committee of the Zapadnyy District of Krasnodar
Criminal Investigation
28/12/2015
Criminal case opened with regard to violence (ч. 3 ст. 286 УК). Still pending
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