Published on 27 March 2023
THIRD SECTION
Application no. 75045/11
Valeriy Terentyevich PUGACHEV 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
75045/11*
30/11/2011
Valeriy Terentyevich PUGACHEV
1958
On 19/12/2009 officers of Cheremushki district police department in Moscow subjected the applicant to beatings during his administrative detention.
Certificate of the Moscow city clinic no. 23 of 20/12/2009 (a bruise and a hematoma on the right side of the rib cage, a hematoma on the forehead, compression of the soft tissues of both wrists).
Forensic medical examination act no. 5572 of 25/06/2010 - 29/06/2010 by the Moscow Forensic Bureau (hematomas on the rib cage and forehead were caused by blunt force; the time of the infliction of the injuries could not be determined).
On 21/12/2009 complaint to the Moscow prosecutor’s office/Refusals to open a criminal case on 05/02/2010 and 30/06/2010.
On 26/04/2011 Cheremushki District Court in Moscow rejected the applicant’s complaint about the first refusal /On 01/06/2011 Moscow City Court upheld that decision.
The administrative proceedings against the applicant were terminated the day they were initiated (19/12/2009).
Art. 13 - lack of any effective remedy in domestic law in respect of the applicant’s ill-treatment complaint
2926/19*
24/12/2018
Mikhail Mikhaylovich BENYASH
1977
Tatyana Aleksandrovna Tretyak
Gelendzhik
On 08/09/2018 the applicant, who is a lawyer, came to Krasnodar to represent persons arrested during protest actions. On 09/09/2018 while the applicant was walking in the street with a colleague, he was apprehended by police officers of the Criminal Investigations Unit of the Krasnodar Department of the Ministry of Interior (уголовный розыск ОВМД по г. Краснодару) and driven to the police station. He was allegedly beaten during the ride and also in the police station upon arrival.
Medical certificate of 09/09/2018 by Emergency Department of the Krasnodar Town Hospital (bruises, abrasions on a right cheekbone; bruises, abrasions on the scalp).
Forensic Medical Examination Act no. 5618/2018 of 12/10/2018 / Krasnodar Forensics Bureau (bruises, abrasions on the right cheekbone, bruises above the right eyebrow, abrasions behind the left ear, abrasions on the elbows, bruises around left knee, all injuries could possibly have been inflicted on 09/09/2018; owing to their position (except the knees and elbows), they could not have been caused by a fall).
09/09/2018 – the applicant’s colleague filed a complaint with the Krasnodar police alleging ill-treatment and abduction of the applicant;
11/09/2018 – the applicant’s lawyer filed a complaint about the applicant’s ill-treatment with the Krasnodar Investigative Committee/between 11/10/2018 and 28/01/2019 four refusals to open a criminal case.
On 12/08/2019 the Leninskiy District Court in Krasnodar refused to examine the complaint stating that a criminal case against the applicant was pending at that same court.
On 13/08/2019 the Leninskiy District Court in Krasnodar examining a criminal case against the applicant refused to request the documents relating to the pre-investigative inquiry into the allegations of his ill-treatment, ruling that he could initiate criminal proceedings against the officers allegedly involved in the incident.
convicted of organising an unauthorised public event and failing to comply with lawful demands of police officer; no details provided about the judicial decisions in this respect
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-administrative-offence proceedings - administrative detention of 5 days, 29/01/2021, Krasnodar Regional Court.,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - on 22/01/2021 the applicant was arrested and escorted to the police station - no reasons why the record of administrative offence could not be compiled on the spot; no exceptional circumstances justifying the applicant’s arrest; forced attendance without evidence of proper summons to appear or of failure by the applicant to comply without a valid excuse (see Rozhkov v. Russia (no. 2), no. 38898/04, §§ 91-96, 31 January 2017). Complaint raised on appeal,
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment - ,
Art. 3 - inadequate conditions of detention during transport - van, in a "glass" compartment, 5 episodes of transfer between 23/09/2018 and 28/09/2018; lack of space, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient natural light, inadequate temperature,
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - The app. attended a manifestation in support of A. Navalnyy "Otpuskay" on 23/01/2021 in Krasnodar. He was convicted under article 20.2 § 2 of CAO and sentenced to administrative detention of five days, the final appeal decision was taken by the Krasnodar Regional Court on 29/01/2021.
29418/19
21/05/2019
Sergey Anatolyevich KHROMENKOV
1987
Ashot Aleksandrovich Andreyev
Syktyvkar
At 1.30 a.m. on 09/08/2018 the applicant was arrested in Syktyvkar by police officers of the Syktyvkar Police Department for filming on his mobile telephone a brutal arrest by them of an unknown person. The officers chased him, subjected him to beatings, pushed him to the ground. handcuffed him and took him to the police station.
Ambulance certificate of 09/08/2018 by the Syktyvkar ambulance station (ambulance team was called to the police station on 09/08/2018: head wound, medium stage of alcohol intoxication).
Forensic medical report no. 2/3549-18/4000-18 by the Komi Republic Forensics Bureau (no date, not attached but mentioned in the decision granting status of a civil claimant: multiple abrasions on the applicant’s head and left elbow, head wound. The injuries could have been caused by a hard blunt object with subsequent falling on a hard surface withing the period specified by the applicant).
On 09/08/2018 complaint to the Syktyvkar police / Refusals to open a criminal case on 20/08/2018, 20/11/2018, 11/01/2019 and 09/04/2019 to the police of Syktyvkar/ Refusals to open a criminal case of 20/08/2018, 20/11/2018, 11/01/2019 and 09/04/2019
On 26/10/2018, 14/12/2018, 12/03/2019 and 15/05/2019 the Syktyvkar Town Court of the Komi Republic rejected the applicant’s complaints as the respective refusals had been overruled by the investigators’ superiors on 22/10/2018, 13/12/2018, 11/03/2019 and 14/05/2019 respectively/ no appeals.
Conviction under Article 20.1 § 2 of CAO for minor hooliganism and disobedience of lawful orders of the police, Syktyvkar Town Court of the Komi Republic on 09/08/2018/ no appeal
30389/19*
22/05/2019
Andrey Grigoryevich GOLOVACHEV
1967
On 31/12/2016 the applicant was ill-treated by prison guards of remand centre IZ-4 Shakhty in the Rostov Region. He was handcuffed with his hands behind his back and hit and kicked on his chest and back. The prison guards brought a dog with them. The dog barked and tried to bite the applicant while the guard who was holding it threatened to release it on the applicant. The applicant was refused access to a doctor until his transfer to remand centre IZ-1 in Volgograd on 17/01/2017.
Medical records of medical unit no. 11 in IZ-1 in Volgograd on 17/01/2017 (bruise on his chest).
On 18/01/2017 complaint to the Shakhty Investigative Committee / Seven refusals to open a criminal case, the first on 19/02/2017, the last on 27/12/2019. The investigator examined the medical evidence and questioned several guards from IZ-4.
On 28/02/2019 the Shakhty Town Court rejected the applicant’s complaint as the refusal of 08/11/2018 had been overruled by the investigator’s superiors / No appeal.
Convicted to life imprisonment for attempted rape, several counts of murder and possession of arms on 13/05/2002 by the Supreme Court of the Komi Republic/ upheld on appeal on 17/04/2003.
Convicted to eighteen years’ imprisonment for two counts of murder on 22/05/2022 by the Sergiyev-Posad Town Court/upheld on appeal on 28/07/2022.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment -
19321/20*
12/03/2020
Maksim Valeryevich KUDINOV
1999
On 18/07/2018 the applicant hit a police officer with his car in Zarinsk, Altay Region. The officer’s colleagues took him to the Zarinsk police station, where they subjected him to beatings.
Forensic medical examination act no. 4202 of 02/08/2018 by the Altay Region Forensic Bureau (bruised wounds on the right forearm, bruises on the right shoulder blade and on the right ear).
Date of the first complaint no later than 02/08/2018 (the date of the forensic medical examination)/Refusal to open a criminal case on 25/10/2018.
The applicant complained of the ill-treatment during his trial at the Altay Regional Court. The court, having questioned the implicated police officers, rejected the complaint as unsubstantiated/Upheld on 24/09/2019 by the Supreme Court of Russia.
On 19/06/2019 the Altay Regional Court convicted the applicant of attempt on life of a law enforcement officer and sentenced him to seventeen years’ imprisonment/On 24/09/2019 the Supreme Court of Russia upheld the conviction.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment -
31869/20*
08/07/2020
Ivan Vladimirovich FALKOV
1985
01/09/2015 correctional officers of IK-8 in Labytnangi, Yamalo-Nenetsk Region, where the applicant was serving his 8 years’ sentence, beat him and sprayed tear gas in his face.
Extract from the inmate’s medical card at medical ward of IK-8 on 01/09/2015 (abrasion on the left shoulder blade, haematoma on the chest and right inner shin, circular hyperaemia of both wrists).
On 02/09/2015 complaint to the Yamalo-Nenetsk investigative committee/Refusal to open a criminal case of 05/10/2015, which the applicant received only 2,5 years after and therefore he challenged it before the prosecutor only in March 2018. Then, two more refusals to open a criminal case, on 17/10/2018 and 26/11/2018 were issued.
On 30/10/2019 Labytnangi Town Court rejected the applicant’s appeals against the refusals of 17/10/2018 and 26/11/2018 respectively/On 06/02/2020 upheld by the Yamalo-Nenetsk Regional Court.
The applicant was convicted on 14/08/2014 by the Yekaterinburg Town Court. He arrived at IK-8 Yamalo-Nenetsk Region on 19/05/2015
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment -
36460/20*
08/07/2020
Aleksandr Alekseyevich SHCHERBATOV
1976
On 15/05/2017 in Lesnikovo, Kurgan Region, officers of the Kurgan Department of the Federal Security Service (FSB) subjected the applicant to beatings in their office.
Report drawn up upon the applicant’s admission to the IVS in Kurgan of 15/05/2017 (abrasion on the head, left elbow, and the forehead, bruises on the right cheek, under both eyes, on the inner thighs, broken jaw).
Certificate of the Kurgan Regional Hospital of 16/05/2017 (broken jaw).
Report drawn up upon the applicant’s admission to SIZO-1 Kurgan on 17/05/2017 (abrasion on the head, left elbow, and the forehead, bruises on the right cheek and under both eyes).
In November 2017 the applicant was interviewed by an investigator regarding the report from SIZO-1 describing the applicant’s injuries. Allegedly, fearing negative repercussions from the FSB officers, the applicant told the investigator that he had fallen from the roof on 14/05/2017.
First complaint to the prosecutor’s office 01/03/2018/Refusals to open a criminal case of 09/04/2018, 26/10/2018, 24/05/2019, 09/09/2019
On 11/12/2019 the Chelyabinsk Garrison Military Court / upheld on 04/06/2020 by the Tsentralniy Circuit Military Court
On 01/03/2018 the Ketovskiy District Court of the Kurgan Region convicted the applicant of attempted sale of drugs and sentenced him to eleven years’ imprisonment
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 permanent video surveillance in detention facilities,
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - Since 23/07/2019, in IK-29 Kirov Region;
opposite-sex operators, detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room
41761/20*
16/09/2020
Klavdiya Petrovna KUSHNIKOVA
1947
Mariya Aleksandrovna Zadorozhnaya
Nizhniy Novgorod
On 14/01/2019 four plainclothes police officers of the Vyselkovskiy district police department in the Krasnodar Region came to the applicant’s house to arrest the applicant’s daughter and her partner, having suspected that the latter had stabbed another person. When the police officers asked the applicant’s daughter to follow them, she refused, and the police applied tear gases. The applicant, who was 71 years old and hard of hearing at the time, did not realise that it was the police and grabbed an axe to threaten the strangers. One of the officers made several shots at the applicant from his service traumatic gun, one of which hit her right wrist and made her drop the axe.
Examination act no. 132 of 14/01/2019 by the Vyselkovskiy ambulance (gunshot wound to radius joint of the right wrist).
Medical examination no. 25/2019 of 15/02/2019 by the Krasnodar Forensic Bureau (gunshot laceration to the right wrist joint; the injury could have been caused by a bullet on/around 14/01/2019).
The inquiry was initiated on the basis of the report of the police officers on 15/01/2019. On 25/01/2019 the Krasnodar Region Investigative Committee refused to open a criminal case in respect of the mentioned police officers and prescribed to destroy several objects taken from the applicant’s house after the events (including shell cases and other objects with traces of blood).
On 17/01/2020, the Tikhoretsk District Court of the Krasnodar Region dismissed the appeal of the applicant’s representative against the refusal. On 16/03/2020 the Krasnodar Regional Court upheld this decision.
On 21/02/2020 Vyselkovskiy District Court convicted the applicant of the use of force in respect of the police officer and sentenced her to a fine of RUB 35,000. On 08/07/2020 upheld by the Krasnodar Regional Court and then on 23/06/2021 by the 4th Cassation Court.
54193/20*
08/12/2020
Aslan Safarbiyevich IRITOV
1968
Marina Borisovna IRITOVA
1963
Anzhelika Aslanovna MUSIPOVA
1987
Beslan Safarbiyevich IRITOV
1965
Yekaterina Vanslova
Nizhniy Novgorod
The applicants are members of one family and reside together in Nalchik. 1st applicant (Mr A. Iritov) has a disability of the 1st degree (missing hands), 2nd Applicant (Ms M. Iritova), 3rd Applicant (Ms A. Musipova) and 4th Applicant (Mr B. Iritov). On 31/10/2017 a number of police officers entered the applicants’ yard to allegedly deliver a warning to the first applicant that the manifestation he was organising had not been approved by the authorities. After a verbal argument, the police officers subjected the applicants to a beating and forced them into the police bus to take them to the police station; the entire incident was filmed by one of the officers.
On 31/10/2017 the Nalchik investigative committee opened a criminal case against the 1st applicant (use of violence against a representative of authority)
Medical examinations of
01 and 02/11/2017 by the Kabardino-Balkaria Forensic Bureau (1st applicant– hematomas on the face, on the right leg and on the right arm; 2nd applicant– fracture of the second finger on the right hand; 3d applicant– hematomas on the face, on the right knee and 4th applicant– chest injury; 9th rib fracture; hematomas on the face).
On 31/10/2017 complaint to the Nalchik Investigative Committee/Refusals to open a criminal case on 11/02/2018, 14/03/2018, 22/03/2018 overruled by the investigators’ superiors. Last - on 19/07/2019.
On 19/03/2020 the Nalchik Town Court rejected the applicants’ appeal against the last refusal/on 18/06/2020 the Kabardino-Balkaria Supreme Court upheld that decision on appeal.
On 26/10/2018 the Nalchik Town Court convicted the 4th applicant of violence against the police officers and sentenced him to 6 months of imprisonment/No information on appeal.
On 02/09/2021 the 1st applicant was convicted and was sentenced to 2 years of suspended imprisonment and fined RUB 20,000 by the Nalchik Town Court/ upheld on appeal by the Kabardino-Balkaria Supreme Court on 29/12/2021 and by the 5th cassation court on 19/07/2022.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment - ,
Art. 6 (1) - unfair criminal proceedings - The applicant is a 64-year-old public activist from Nalchik. He has a disability of the 1st degree (missing hands).
On 31/10/2017 after an argument and the ensuing altercation with the police officers, the applicant was taken to the police station where he was charged with insulting and using violence against a public official. On 02/09/2021 he was convicted as charged, the conviction was upheld by the upper instances, the last decision of a first cassation instance – 19/07/2022.
The applicant complained of a violation of his right to a fair trial under Article 6 § 1 of the Convention as the courts’ decisions were not duly reasoned and were arbitrary. His conviction was mainly based on the evidence given by the implicated officers while the evidence given by his relatives was “critically analysed”. The video that captured the incident was not duly analysed, and the courts refused to order its due examination (see Boutaffala v. Belgium, 28 June 2022, §§ 80-91).
6533/21
22/01/2021
Islam Ramazanovich BARZUKAYEV
1993
Gasan Zakirovich KURBANOV
1990
Vanessa Kogan
Moscow
Applicant 1 (Barzukayev): at
10 a.m. on 15/06/2019 was abducted by police officers. Plastic bag was pulled over his head, he was taken to an undisclosed place and subjected to torture, including the use of electric shock devices, in order to force him to confess. After he agreed to make self-incriminating statements, he was taken to the Derbent police station, where his arrest was formally recorded, and he confessed to weapons trafficking.
Applicant 2 (Kurbanov): at 3 p.m. on 15/06/2019 was abducted by police officers, taken to an unknown place, subjected to torture in the same way as Applicant 1, taken to same police station where he agreed to testify against himself and Applicant 1.
On 19/06/2019 the President of the Dagestan Public Supervisory Committee visited the applicants in Derbent IVS and found injuries on their bodies, including marks of possible use of electric shocks on the applicants’ fingers.
Applicant 1: Forensic medical examination no. 260 of 21/06/2019 by the Makhachkala Forensic Bureau (extensive bruising of the right and left shoulder joints, clavicle, left shoulder, right iliac area, right shin; the injuries were caused by a hard blunt object over 10 days before the examination).
Applicant 2: Forensic medical examination no. 261 of 21/06/2019 by the Makhachkala Forensic Bureau (abrasions on right and left forearms and right knee joint; the injuries were caused by a hard blunt object 5-7 days before the examination).
First complaints were lodged on 16/06/2019 to Derbent police by the applicants’ mothers and on 19/06/2019 to the Derbent Prosecutor by the President of the Dagestan Public Supervisory Committee/ Refusals to open a criminal case on 03/08/2019, 10/10/2019, 12/12/2019, last - 17/09/2020 (physical force was applied to Applicant 1 as he had resisted his arrest and tried to escape (no record of application of physical force against Applicant 1 was drawn up)). Use of physical force against Applicant 2 denied, no explanation of the injuries provided.
On 07/02/2020 the applicants appealed against the refusal to open a criminal case of 12/12/2019 to the Derbent Town Court. On 11/02/2020 the court terminated the proceedings as the impugned refusal had been overruled by the investigators’ superiors/On 22/07/2020 the Dagestan Supreme Court upheld that decision.
No information in the casefile.
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Start date of unauthorised detention:
Applicant 1: 10 a.m. on 15/06/2019
Applicant 2: 3 p.m. on 15/06/2019
End date of unauthorised detention
Applicant 1: 2 a.m. on 16/06/2019
Applicant 2: 1:30 a.m. on 16/06/2019
Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018),
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment -
50558/21*
28/09/2021
Dmitriy Olegovich KHAFIZOV
1988
Andrey Gennadyevich Lepekhin
Chelyabinsk
On 09/09/2018 the applicant participated in a protest rally in Chelyabinsk, which he filmed on his camera. Trying to prevent him from doing that, the police pushed him, and the applicant hit the pavement with his head and a police officer pressed the applicant’s neck down to the ground. Then the applicant was handcuffed and taken to the Tsentralniy district police station, where he refused to communicate his identity and undergo fingerprinting. A police officer pushed him hard in his chest, pinched his collarbone and threw him on the table for forced fingerprinting. The applicant was released five hours later.
Medical card no. 5755923744 of 09/09/2018 (closed craniocerebral injury, brain concussion, bruise on the forehead, bruise under left eye, abrasions on both wrists).
Forensic medical examination no. 6354 of 11/09/2018 by the Chelyabinsk Forensic Bureau (isolated abrasions and bruises on the face in the area of the left eye, on the upper and lower left limbs; caused by a hard blunt object 2-4 days prior to the examination; did not amount to any health damage).
Forensic medical examination no. 7862 of 18/10/2018 by the same bureau (an abrasion in the area of the left eye, a bruise on the right elbow joint, left shoulder, left shin, abrasions on both wrists; caused by multiple (at least eight) blows by a hard blunt object; as to the brain concussion, it was impossible to assess its nature and gravity).
On 10/09/2018 to the Chelyabinsk Investigative Committee / Refusals to open a criminal case on 10/10/2018, 18/04/2019, 29/08/2019, 07/02/2020, last - 10/06/2021. All refusals, except for the last one, were overruled by the investigators’ superiors.
On 02/02/2021 the Tsentralniy District Court of Chelyabinsk rejected the applicant’s complaint against the refusal of 07/02/2020 as the impugned decision had been overruled by the investigators’ superiors/upheld on 08/04/2021 by the Chelyabinsk Regional Court.
On 27/09/2018 the Tsentralniy District Court of Chelyabinsk found the applicant guilty of having committed administrative office under Article 20.2 § 5 of the Code of Administrative Offences (Breaches of the established procedure for participation in public gatherings, meetings, demonstrations, marches or pickets).
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment -
59318/21*
10/02/2022
Dmitriy Aleksandrovich KLIMOV
1981
At about 8.30 a.m. on 17/10/2017 the applicant, a former law-enforcement agent, was blindfolded, handcuffed and taken to a car at gunpoint by five plain-clothe officers who took him to the Samara Region Police Department. There he was subjected to ill-treatment by the officers who hung him up in a folded position, electrocuted and suffocated him in order to make him confess to a crime.
Medical records of 17/10/2017 by the IVS of the Samara Region Police Department (bruises, swellings and bloodstains on arms and legs, abrasion on the right shoulder).
Forensic medical examination №04-8m/3603 of 27/10/2017 by the Samara Region Forensic Bureau (bloodstains on the arms, shoulders and left leg, abrasions and injuries on the legs, palms of the hands and arms as well as burns on fingers; injuries likely caused by a hard blunt object and a hot object within 6 to 14 days prior to the examination).
On 19/10/2017 at the trial against the applicant / On 13/12/2017 first refusal to open criminal case due to the lack of corpus delicti, last refusal on 22/10/2018.
On 01/07/2021 the Samara Town Court rejected the applicant’s complaint against the last refusal/on 17/09/2021 the Samara Regional Court upheld it on appeal.
On 05/08/2020 the applicant was convicted of banditry/No information about appeal.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment -
6531/22
25/01/2022
Zarifzhon Nurulloyevich MIRZONAZAROV
1981
Olga Aleksandrovna Sadovskaya
Nizhniy Novgorod
On 16/06/2020 the applicant, an Uzbek national awaiting deportation in the Belyaevsk District Temporary Detention Centre for Foreign Nationals of the Orenburg Region, was handcuffed and subjected to beatings with rubber truncheons by wardens in reprisal for the detainees’ obstruction of CCTV cameras in their cells.
Forensic medical report no. 186 of 09/07/2020 by the Saraktashsk Forensic Bureau of the Orenburg Region (haematoma on the left thigh which may have been caused by a hard blunt object in time relevant to the circumstances of the case).
On 17/06/2020 to the Orenburg Region Investigative Committee/ Refusals to open criminal file of 18/07/2020, 30/09/2020, and 11/11/2020, overruled by the investigator’s superiors. Latest - 16/12/2020, the investigator considered that the use of force against the applicant during the incident of 16/06/2020 was lawful.
On 03/08/2021 the Belyaevskiy District Court of the Orenburg Region dismissed the applicant’s complaint against the decision of 16/12/2020 having considered that the investigator’s decision was lawful, reasoned and duly motivated. /On 05/10/2021 the Orenburg Regional Court upheld it on appeal.
15519/22
28/02/2022
Murat Aliyevich BUDAYEV
1995
Valeriy Vladimirovich Shukhardin
Moscow
On 02/06/2019, the applicant was arrested in Kabardino-Balkaria with the use of force (kicked and threatened with a gun) on suspicion of murder. He was then taken to the police station where he was beaten up by police officers to force him to confess. On 04/06/2019 he was also allegedly beaten up by officers of SIZO-1 in Nalchik.
Medical examination no. 348-A of 04/06/2019 by the Nalchik Forensic Bureau (bruising of the right iliac region, left subscapular region, anterior surface of the right lower leg, caused by the action of blunt objects 1-3 days old).
Expert examination Act no. 359-A of 13/06/2019 by the same bureau (bruising of the lower eyelid of the right eye and haemorrhage in the sclera of the right eye; bruising of the left lumbar region and anterior surface of the knee joints. The injuries could have been inflicted 5-7 days before the date of examination and could have been caused by fists and feet).
By 04/06/2019 complaint of the Kabardino-Balkaria Investigative Committee / Refusals to open a criminal case of 09/01/2020, 25/03/2020, 25/04/2020, 28/05/2020, 30/06/2020, 13/08/2020, 24/08/2020, 14/09/2020, all overruled by the investigators’ superiors. Last refusal on 30/10/2020.
The applicant did not contest the refusals under Art. 125 of the CCrP, however he raised the ill-treatment complaint at his trial. The courts did examine the merits of his complaint and the respective medical documents.
On 21/09/2020 the Supreme Court of Kabardino-Balkaria convicted the applicant of robbery and murder. The court based the conviction, inter alia, on the applicant’s confession of 07/06/2019. The applicant claimed that he had given his confession under duress/upheld by the Third Court of Appeal on 25/01/2021 and by the Supreme Court of Russia on 07/09/2021.
Art. 6 (3) (c) - own choice of legal assistance - Belated access to a counsel.
Art. 6 (1) - and Art. 6 (3) (c) - unfair criminal proceedings due to lack of legal representation - Admission of confession statements obtained as a result of torture as evidence renders the proceedings, as a whole, unfair. This finding applies irrespective of the probative value of the statements and irrespective of whether their use was decisive in securing the defendant’s conviction (see Ryabov v. Russia, no. 2674/07, § 57, 17 July 2018).
- the applicant also contested the admissibility of evidence (shoes with the traces of victim’s blood, found in the course of the search in the applicant’s house conducted in absence of his lawyer)
56089/22*
07/11/2022
Oleg Aleksandrovich TSVETKOV
2000
At 6 p.m. on 13/09/2022 the applicant was detained on a street and taken to police department no. 9 in Irkutsk where the police officers beat him all over the body, suffocated him with a gas mask and threatened to rape him to make him confess to a crime. After 9 p.m. on the same day he was released without any charges.
Medical certificate of 14/09/2019 by Irkutsk State Hospital no. 3 (hematomas all over the head, brain concussion).
Forensic medical examination act no. 1558 of 10/03/2020 (brain concussion and multiple abrasions on the body and shoulders probably caused by hard blunt objects on 13/09/2019).
On 14/09/2019 a doctor who examined the applicant reported to police department no. 9 in Irkutsk that the applicant had been ill-treated by their officers / Refusal to open a criminal case: 16/10/2019, 13/12/2019, 09/02/2020, 11/04/2020, 21/10/2020 / The criminal case against police officers was opened on 13/01/2021 / Termination of the case on 13/12/2021.
The applicant appealed against the termination of the case. On 04/04/2022 the Oktyabrskiy District Court of Irkutsk declared the termination unlawful, quashed that decision on 08/06/2022 and remitted the case to the first instance for re-examination. On 02/08/2022 the Oktyabrskiy District Court dismissed the complaint/on 12/10/2022 the Irkutsk Regional Court upheld the decision.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment -