Published on 27 March 2023
THIRD SECTION
Application no. 58533/18
Nikolay Borisovich SHAROV against Russia
and 18 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
58533/18
06/12/2018
Nikolay Borisovich SHAROV
1960
Yekaterina Vanslova
Nizhniy Novgorod
5 episodes of alleged ill-treatment:
1) On 01/07/2011 police officers of a special police unit (ОСН ЦСН СОР ГУ МВД России по Нижегородской области) beat the applicant up on the head and thorax during his arrest in Nizhniy Novgorod on suspicion of murder; the beating continued at the police station no. 6 (ОРЧ № 6 ГУ МВД России по Нижегородской области).
2) On 02/07/2011, while being transported in a police car from Nizhny Novgorod to Saratov, the applicant pushed the driver, a police officer of the operative search division no. 3 in Saratov Region (ОЧР (УР) № 3 полиции ГУ МВД России по Саратовской области). The officers stopped the car and subjected the applicant to beatings in the face, chest, and stomach. Then they tied the applicant’s head to his knees and transported him further to Saratov in this position.
3) and 4) On 2 and 8/07/2011 up to six police officers subjected the applicant to beatings and electrocution at the operative search division no. 3 in Saratov.
5) on 8 or 9/07/2011 three police officers intervened to stop the applicant’s suicide attempt by cutting his veins at the temporary detention facility of the Saratov police department (ИВС УМВД России по Саратову). The applicant resisted and was immobilised: police officers beat him on the ribs, head and back, and handcuffed him to the bed. As a result, the applicant’s two ribs were fractured, and a lung perforated. On 10/07/2011 the applicant was taken to the hospital for emergency surgery.
No report of use of force by the police officers was drawn.
Extract from the medical log of the temporary detention facility in Saratov (журнал медицинского осмотра ИВС) of 02/07/2011 (complaints about chest pain, no apparent physical injuries; then of 04/07/2011 (abrasions on the front, neck and wrists, violet-coloured bruises on the left lower thigh; complaints about pain in the right part of the chest and allegations that these injuries had been caused during the applicant’s arrest).
Panel experts report no. 132 of 05/07/2012 by the Forensic Bureau of the Saratov Region (ГУЗ Бюро СМЭ МЗ Саратовской области) (blunt injury of the thoracic cage, two broken ribs, closed pneumothorax, subcutaneous emphysema, pigment spots on the right forearm, abrasions on the wrists, hematomas on the left lower thigh and abdomen, and abrasions on the lower thighs).
Panel experts report no. 64/14 of 20/08/2014 by the Russian centre of forensic examinations (ФГБУ Российский центр судебно-медицинской экспертизы МЗ РФ) (injuries on the face (abrasions, haematomas and bruises) and on the neck, hematomas on the abdomen and on the chest, injuries on the upper and lower limbs. These injuries had been caused 3-10 days prior to the applicant’s examination on 10/07/2011. Besides, closed blunt injury on the thorax (two ribs fracture with injury to the lung resulted in a pneumothorax), caused not earlier than 3 weeks prior to 10/07/2011).
On 12/07/2011 during an interrogation as a suspect the applicant complained to the investigator about his ill-treatment.
On 01/08/2011 a criminal case was opened into the applicant’s ill-treatment and on 03/08/2011 he was granted victim status. The investigation was terminated by the decisions of 05/11/2014 (overruled by the investigators’ superiors) and then of 05/12/2014, which found that the applicant’s allegations had been unsubstantiated: the injuries had been caused by lawful use of force during the applicant’s arrest and then during the intervention to stop his suicide attempt. Furthermore, the injuries could have occurred prior to the arrest as it was impossible to establish the exact date of their origin.
The applicant appealed against the refusals. On 14/06/2018 last appeal rejected by the Nizhny Novgorod Regional Court.
On an unspecified date the applicant was convicted of murder and trafficking of firearms.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
1904/19
25/12/2018
Oleg Nikolayevich KRAYUSHKIN
1978
Yekaterina Vanslova
Nizhniy Novgorod
On 11/09/2012 the applicant was taken to the operative search police division no. 6 in the Nizhniy Novgorod Region (6й отдел УУР ГУ МВД / ОРЧ № 6 полиции ГУ МВД России по Нижегородской области) on suspicion of theft where for two hours the officers beat him with a rubber truncheon on the face, ears and feet to make him confess to the crime.
Extract from the medical log of the temporary detention facility in Pavlovo of 12/09/2012 (haematomas on the inner surface of the feet).
Expert reports by the Forensic Bureau of the Nizhniy Novgorod Region no. 776 of 13/09/2012 (four bruises on the feet) and no. 273/776 of 22/11/2012 (bruises on the feet caused by blunt objects, inflicted 2-3 days prior to the examination conducted on 13/09/2012).
Witness statements of individuals who heard the applicant crying and screaming at the police station.
On 12/09/2012 the applicant complained about the ill-treatment during an interrogation as a suspect in the criminal case for theft/ between 23/09/2012 and 04/06/2013 six refusals to open a criminal case were issued, all were overruled; on 16/08/2013 a criminal case was opened, and the applicant was granted victim status on 24/10/2013. Between 16/11/2013 and 10/11/2015 the criminal proceedings were suspended and resumed eight times/then terminated three times, lastly on 21/01/2017 as the investigators found that the applicant’s injuries had been self-inflicted by jumping from a truck one day prior to the arrest
The applicant challenged the last decision to terminate the criminal case on 26/03/2018. On 24/04/2018 Moskovskiy District Court dismissed/upheld on 25/06/2018 by the Nizhniy Novgorod Regional Court.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
38858/20
28/08/2020
Andrey Sergeyevich BODASHKO
1989
Mariya Aleksandrovna Zadorozhnaya
Nizhniy Novgorod
On 02/04/2019 the applicant was arrested by officers of police department No. 1 “Orskoye” (Отдел полиции №1 МУ МВД России “Орское”) and taken to the police station on charges of hooliganism. There he was beaten by officers who broke his arm. The ambulance was called and took the applicant to hospital no. 2 in Orsk; his arm was operated on 09/04/2019; he was discharged on 15/04/2019.
Emergency medical call sheet no. 28874 of 02/04/2019 by hospital no. 2 (closed fracture of the right shoulder)
On 02/04/2019 the applicant’s mother complained of the ill-treatment and on the same day the applicant complained himself to the Orsk Investigative Committee / Refusals to open a criminal case: 12/08/2019, 11/09/2019, 11/10/2019, 11/11/2019, 13/11/2019,
last - 12/12/2019
On 12/02/2019 the Oktyabrsky District Court in Orsk dismissed the applicant’s appeal against the last refusal to open a criminal case as unsubstantiated/ Upheld on 29/04/2020 by the Orenburg Regional Court
39766/20
07/08/2020
Denis Sergeyevich YAKUSHIN
1984
On 02/12/2016 the applicant was arrested on suspicion of fraud and taken to the Arkhangelsk Regional Police Department in Arkhangelsk (Управление МВД России по Архангельской области в г. Архангельск), where between 1 p.m. and 10 p.m. the officers subjected him to beatings. From there on 02/12/2016 the applicant was transferred to IVS no. 1 and then on 04/12/2016 to SIZO no. 4 in Arkhangelsk. There he was detained until 22/04/2021 when he was transferred to prison to serve his sentence.
Medical certificate at the admission to SIZO no. 4 on 04/12/2016 (multiple facial abrasions and a bruise on the right shoulder).
First complaint to the Arkhangelsk Investigative Committee, 09/01/2017 / Refusal to open a criminal case on 27/02/2017.
On 16/02/2020 the Oktyabrskiy District Court in Arkhangelsk dismissed the applicant’s appeal against the refusal as unsubstantiated/upheld on 25/02/2020 by the Arkhangelsk Regional Court.
On 26/06/2020 the applicant was convicted by the Arkhangelsk Regional Court and sentenced to life imprisonment
30621/21
08/06/2021
Timur Batyrbiyevich ZHAMBEKOV
1976
Olga Aleksandrovna Sadovskaya
Nizhniy Novgorod
02/07/2017 the applicant was detained in Nartan, Kabardino-Balkaria, by four police officers from the Criminal Search Division of the Nalchik police department (Управление уголовного розыска КБР в г. Нальчике) on suspicion of theft. On the way to the station, as the applicant allegedly tried to abscond, the officers restrained him and hit him repeatedly in the head and the torso; thereafter, at the police station they subjected him to beatings in the head, torso and the genital area.
03/06/2017 medical certificate no. 173 by the Nalchik remand prison (abrasions on left shoulder, hematomas on the back and the head);
05/07/2017 medical examination results at the same prison (numerous abrasions on the back, shoulders, left side of the chest, right arm, pains in the ribs and shoulders; hematomas on the face, both cheeks).
13/06/2017 expert evaluation by Kabardino-Balkaria Forensic Bureau (fracture of the ninth right rib, multiple abrasions and hematomas on the upper limbs, back, shoulders, left side of the chest and right arm). The injuries could have been caused by hard blunt objects within 10-15 days prior to the examination.
02/06/2017 first complaint to the Kabardino-Balkaria investigative committee/ Between 02/07/2017 and 02/10/2020 seventeen refusals to open a criminal case - the last on 02/10/2020. The refusals stated that the use of physical force had been justified as the applicant had tried to abscond.
14/12/2020 the Nalchik Town Court rejected the applicant’s appeal against the refusal of 02/10/2020 as on 12/12/2020 that refusal had been overruled by the investigators’ superiors and an additional inquiry had been initiated. Its outcome is unknown.
15/11/2019 the Chegemskiy District Court convicted the applicant of several counts of theft and sentenced him to seven years and three months of imprisonment
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment -
31041/21
11/06/2021
Aleksey Petrovich KONDRASHOV
1960
Mariya Aleksandrovna Zadorozhnaya
Nizhniy Novgorod
At 10.05 a.m. on 29/08/2019, police officers of police station “Abdulinskiy” (MO МВД России "Абдулинский") arrived at the applicant’s house in Abdulino, Orenburg Region, to arrest his son. The police officers pinned the applicant to the ground, repeatedly punched and kicked him in the head and torso and tied his hands with a belt. Then he was taken to a police station and released in the evening (no arrest report was drawn up).
1) X-ray examination act of 29/08/2019 (right rib fracture)
2) Ambulance certificate no. 54 of 29/08/2019 (right rib fracture, thorax bruise, facial abrasions)
3) Neurologist examination report of 30/08/2019 (brain concussion, haematoma on the left temple)
4) Referral for hospitalisation of 30/08/2019 (head injury, brain concussion, injuries of thorax, neck and lower back)
5) Forensic medical examination act no. 375 of 20/11/2019 (right rib fracture, left eye hematoma). The injuries could have been caused by a hard blunt object within the period and in the circumstances alleged by the applicant.
First complaint to the Abdulinskiy prosecutor’s office, 30/08/2019/ Several refusals to open a criminal case between 29/09/2019 and 14/10/2020, last - 12/12/2020.
Abdulinskiy District Court of Orenburg Region, 26/06/2020 and 02/04/2021 rejected the applicant’s complaints as the impugned refusals to open a criminal case had been overruled by the investigators’ superiors on 25/06/2020 and 23/03/2021 respectively.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
58780/21
17/11/2021
Danila Gennadyevich BELYANIN
1986
Oleg Vyacheslavovich Borisov
Ulyanovsk
1) At 10:30 a.m. on 26/03/2020, police officers of the State Drug Control Committee (ГНК ОМВД России по Ленинскому району г. Ульяновск) arrested the applicant in his car in the forest near Ulyanovsk and subjected him to beatings and tasing to make him confess to drug trafficking.
2) Later on 26/03/2020 the police officers took the applicant to the Leninskiy District police department in Ulyanovsk (ОМВД России по Ленинскому району г. Ульяновск) where he was subjected to further beatings and tasing. At 7 p.m. on 26/03/2020 an arrest report was drawn up and the applicant was placed in a cell.
1) Extract from medical card no. 10707 for the period between 27/03/2020 and 01/04/2020 (injuries of both kidneys, damage to anterior abdominal wall, thorax and left gluteal area)
2) Forensic medical report no. 1113 of 30/03/2022 (multiple bruises and abrasions on the legs, arms and body). The injuries could have been caused by a hard object or electric shocks within 1-6 days prior to the examination.
3) Forensic medical report no. 311 of 18/08/2020 (multiple bruises and abrasions on the legs, arms and body). The injuries could have been caused by beating.
27/03/2020 first complaint to the investigator during the interrogation as a suspect of drug trafficking.
30/03/2020 first complaint of the applicant’s lawyer to the Ulyanovsk Investigative Committee/on 30/03/2020 criminal case opened and terminated on 15/02/2021 for the lack of corpus delicti.
Leninskiy District Court in Ulyanovsk, 10/03/2021/ Ulyanovsk Regional Court, 17/05/2021
Conviction of large-scale drug trafficking and illegal possession of weapons, Leninskiy District Court of Ulyanovsk, 17/06/2021
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment -
4952/22
30/12/2021
Vitaliy Aleksandrovich TITOVSKIY
1995
Natalya Viktorovna Yastrebova
Rostov-on-Don
4 a.m. 01/06/2021 / Border control officers of FSB in Rostov Region (Пограничное управление ФСБ России по Ростовской области)
Forensic medical examination report no. 21 of 10/06/2021 (bruises on the right shoulder, could have been caused from a blow with a blunt hard object 1-3 days prior the examination (03/06/2021) in the circumstances as alleged by the applicant)
1st complaint to the investigative committee, 02/06/2021
Refusal to open a criminal case, 11/06/2021
30/11/2021 Rostov-on-Don Military Court / 11/02/2022 South Circuit Military Court
Article 18.7 CAO, Neklinovskiy District Court, 21/07/2021
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Detention as an administrative suspect: beyond the three-hour statutory period
(Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others,
§§ 121-22, 10 April 2018)
01/06/2021 04:10-18:00,
Art. 6 (3) (d) - examination/attendance of witnesses - inability to summon defense witnesses,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - administrative fine of RUB, 1,500, 21/07/2021 Neklinovskiy District Court of Rostov Region,
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
14912/22
25/02/2022
Viktor Valentinovich LIPATOV
1971
Elza Albertovna Valiyeva
Nizhniy Novgorod
Manifestation in support of Navalnyy in Moscow on 23/01/2021. The applicant was hit on the head and the right arm by a truncheon.
ambulance records, arm x-ray examination, head tomography, medical and expert reports
forehead wound, arm fracture
28/01/2021
Presnenskiy District Court of Moscow 21/06/2021
Moscow City Court 25/08/2021
Moscow City Court 29/07/2021 article 20.2 § 5 of CAO fine of RUB 20,000
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Manifestation in support of Navalnyy in Moscow on 23/01/2021;
fine of RUB 20,000; article 20.2 § 5 of CAO;
Moscow City Court 29/07/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Taganskiy District Court of Moscow 12/04/2021;
Moscow City Court 29/07/2021
20615/22
02/04/2022
Aleksandr Vladimirovich TRIPOLSKIY
1985
Aleksandr Vladimirovich Kiryanov
Taganrog
4 a.m. 01/06/2021 / Border control officers of FSB in Rostov Region (Пограничное управление ФСБ России по Ростовской области)
Forensic medical examination report no. 22 of 10/06/2021 (bruises on the left shoulder, abrasions of the left wrist joint, could have been caused from sliding and at least two blows with a blunt hard object in the circumstances as alleged by the applicant)
1st complaint to the investigative committee, 09/06/2021
Refusal to open a criminal case, 18/06/2021
25/11/2021 Rostov-on-Don Military Court / 11/02/2022 South Circuit Military Court
Article 18.7 CAO, Rostov Regional Court, 28/10/2021
Art. 6 (3) (d) - examination/attendance of witnesses - inability to question defence witnesses within administrative proceedings against the applicant, Art. 18.7 CAO, Rostov Regional Court, 28/10/2021,
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
26806/22*
25/05/2022
Lom-Ali Khamidovich ELBIYEV
1960
MEMORIAL FRANCE
Aubervilliers
The applicant, who was the head of a municipal enterprise in Chechnya, was suspected of embezzlement by the deputy mayor of Grozny. The applicant was summoned to the latter’s office on 24/02/2017, where between 8 p.m. on 24/02/2017 and 3 a.m. on 25/02/2017 he was subjected to beatings in the legs by the mayor’s deputy Mr Kh. and his assistants and then to electrocution by a machine brought over by the head of the Grozny police department Mr A. During the ill-treatment the applicant was pressured to confess to the alleged embezzlement. As a result, he confessed and was released under the condition of reimbursing the funds (28 million roubles, about 460,000 euros). On 1/03/2017 the applicant paid about 15% of the amount and was warned that if he does not pay the rest by the end of the month, he and his family members would suffer. Out of fear for his life and that of his family members, the applicant fled Russia in March 2017.
Certificate of Vascular Diseases Clinic in Sarajevo singed by doctor with ID no. A0289 of 20/03/2017 (multiple healing hematomas on both legs).
First complaint by the applicant’s lawyer 21/07/2017/refusals to open a criminal case on 24/08/2019, 04/10/2019, last- 06/11/2019.
17/08/2021 the appeal against the refusal of 06/11/2019 rejected by the Staropromyslovskiy District Court as unsubstantiated/upheld on 25/11/2021 by Chechnya Supreme the Court
31845/22*
25/06/2022
Rostislav Aleksandrovich KHRYAKOV
1978
Marina Vladimirovna Makarova
Strasbourg
On 28/06/2021 the applicant was arrested together with 2 other individuals
On the following day, the court sentenced him to 15 days of administrative detention for petty hooliganism (Art. 20.1, para. 1 CAO). Between 30/06/2021 and 02/07/2021 the applicant was subjected to torture on 30/06/2021 and on 01/07/2021 (by FSS officers). In particular, the applicant asserts having been subjected to electric shocks, beatings, threats of rape with a baton, placement in stress positions and strangulation with a plastic bag.
On 13/07/2021 the applicant was also convicted of Disobeying a lawful order of a police officer (Art. 19.3 para 1 CAO) and sentenced to another 15 days of administrative detention. He was then charged with kidnapping (Art. 126 Criminal Code) and put in pre-trial detention.
The applicant alleges that in violation of the procedure his injuries were not documented by the medical personnel of various institutions.
Forensic report of 05/10/2021: several scarrings on the applicant’s body the origin of which it was not possible to establish.
On 05/08/2021, the applicant first lodged an ill-treatment complaint with the Military Department of the Investigative Committee. On the same day, the applicant’s lawyer lodged an online complaint with the Military Investigative Committee.
06/10/2021 refusal to open a criminal case
02/03/2022 Western Circuit Military Court
Art. 5 (3) - excessive length of pre-trial detention - Leninskiy District Court of Voronezh, Voronezh Regional Court, use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility and repetitiveness of the reasoning employed by the courts as the case progressed; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial, since 26/07/2021 – pending.
33856/22
21/06/2022
Danil Pavlovich PONOMARENKO
1996
Danil Ilnurovich Nurgaleyev
Kazan
At 01:20 a.m. on 06/11/2019 the applicant was stopped by the officers of the Yakimanka district police department in Moscow (Отдел МВД России по району Якиманка г. Москвы) for identity check. The officers thought that he was trying to flee, so they pushed him to the ground and subjected to kicking. Then they took the applicant to the police station for a search of his belongings and released him having found nothing suspicious.
Certificate by Diagnostic Center no. 5 in Moscow of 06/11/2019 (multiple bruises and abrasions with bloodstains on various parts of the body).
First complaint to the Moscow Investigative Committee on 14/11/2019 / Refusals to open a criminal case: 15/12/2019, 22/06/2020, 07/05/2021, last - 10/06/2021
On 29/10/2021 the Taganskiy District Court dismissed the applicant’s appeal against the last refusal to open a criminal case as unsubstantiated/ upheld on 26/01/2022 by the Moscow City Court.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment -
40613/22
16/08/2022
Timur Ruslanovich DEBISHEV
1991
Mariya Aleksandrovna Zadorozhnaya
Nizhniy Novgorod
On 12/11/2018 and 13/11/2018 in Grozny, Chechnya /officers of the Leninskiy District police department in Grozny.
Medical examination of 14/11/2018 (multiple head haematomas, bruises on shoulders, hips, legs, marks of electric current).
Independent medical examination no. 065-2018 of 04/12/2-18 and Independent Medical examination No. 020-2019 of 26/04/2019 (injuries to the head, arms and legs). Forensic Medical Examination No. 508 of 18/10/2019 (injuries on the main phalanges of the fingers, which could have been caused by current and are electrocution, massive bruises on the right shoulder, right and left thighs, which were caused by blunt force trauma, bruises on the head).
Independent Medical examination No. 020-2019 of 26/04/2019: injuries to the head, arms and legs).
Forensic Medical Examination No. 508 of 18/10/2019. Forensic Medical Examination No. 485 of 11/07/2019 (injuries of the head, shoulders, thighs).
First complaint to the Chechnya Investigative Committee on 14/11/2018/Refusals to open a criminal case of 10/01/2019, 17/05/2019, 16/07/2019, 12/09/2019, 19/10/2019; Last - 14/10/2021.
On 11/12/2020 the Staropromyslovskiy District Court in Grozny/On 14/04/2021 upheld by Supreme Court of the Chechen Republic.
On 25/04/2022 the same court in Grozny terminated the proceedings as the refusal of 14/10/2022 had been overruled.
No conviction yet
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
45960/22
19/08/2022
Kristina Anatolyevna DULKOVA
1998
Svetlana Anatolyevna Toreyeva
Moscow
12/01/2021, 06.30 p.m. in Moscow / police officers of the department of the Ministry of Internal Affairs of the Khoroshevsky district of Moscow
Botkinskiy Hospital Discharge summary of 19/01/2021: brain concussion, closed craniocerebral injury, subcutaneous haematoma of the occipital region, subcutaneous haematoma, abrasions of the frontal region on the left, bruising of the left zygomatic region, bruises and abrasions of both knee joints, stretching of the musculoskeletal apparatus of the cervical spine
First complaint to the Savelovskiy Interdistrict investigative department of the investigative department of the city of Moscow, 25/01/2021; Refusals to open a criminal case of 02/03/2021, 27/05/2021
Savelovskiy District Court of Moscow, 03/12/2021 / Moscow City Court, 11/05/2022
46217/22*
20/09/2022
Svetlana Anatolyevna AMIROVA
1962
Maysarat Magomedsaidovna KILYASKHANOVA
1995
Iraida Valerianovna SMIRNOVA
1971
Yekaterina Vitalyevna NEROZNIKOVA
1987
Elza Albertovna Valiyeva
Nizhniy Novgorod
Applicants nos. 1 (Ms Amirova), 2 (Ms Kilyaskhanova) and 4 (Ms Neroznikova) are volunteers at a shelter for victims of domestic violence in Makhachkala, Dagestan, situated in a flat rented by applicant no. 4 in a block of flats. Applicant no. 3 (Ms Smirnova) at material time resided there, amongst other women, with Ms T. from Chechnya.
At 4.20 p.m. on 10/06/2021 a police officer arrived at the shelter to question the women about the whereabouts of Ms T. who had been declared missing by her relatives in Chechnya. Ms T. stated to him that she was a victim of domestic violence, that she did not want to return to Chechnya, that she stayed at the shelter on her own volition and on 6 June 2021 she had informed thereof the Chechen law-enforcement authorities. The officer left and returned at 10.30 p.m. with a group of police officers, who broke down the shelter’s door, dragged Ms T. along with applicants nos. 1, 2 and 3 out of the flat. The bare-feet-women were carried down the stairs by the limbs, dropped several times on the way and then forced into a police car. The applicants were taken to the Leninskiy district police station (ОП по Ленинскому району Махачкалы) and released the following day. Upon forcing the applicants out of the shelter, the police officers broke down the shelter’s CCTV cameras and removed memory cards from the applicants’ personal devices left behind.
Applicant no. 1: certificate of the Dagestan Forensics Bureau no. 1332 of 13/06/2021 (seven bruises on both forearms and the elbows’ area, right shin, two abrasions on right knee which could have been caused by a hard blunt object in the circumstances described by the applicant).
Applicant no. 2: certificate of the Dagestan Forensics Bureau no. 1330 of 13/06/2021 (four haematomas on both forearms and the elbows’ area, a hematoma on left shin and right hip which could have been caused by a hard blunt object in the circumstances described by the applicant).
Applicant 3: certificate of the Dagestan Forensics Bureau no. 1331 of 13/06/2021 (three hematomas on left shoulder, six hematomas on various parts of the upper extremities, two hematomas on each hip, a bruise on each of the soles, two abrasions on right knee which could have been caused by a hard blunt object in the circumstances described by the applicant).
13/06/2021 the applicants nos. 1-3 complained to the Leninskiy investigative department in Makhachkala. On 13/07/2021 first refusal to open a criminal case. On 30/08/2021 second refusal found that the use of force was justified.
18/03/2022 Leninskiy District Court in Makhachkala/ upheld 23/05/2022 Supreme Court of Dagestan
Art. 8 (1) - unlawful search - the police broke in without court authorization, destroyed CCTV systems and removed the memory cards from the applicants’ recording devices.
46333/22
12/09/2022
Danil Alekseyevich LEVENSTAM
1982
Svetlana Anatolyevna Toreyeva
Moscow
12/06/2019 Moscow / police officers of the Ministry of the Interior / the applicant was escorted to the police department in Alekseevskiy District of Moscow (отдел полиции по Алексеевскому району г. Москвы)
Medical examination act of 17/06/2019 (hip injury)
Forensic medical examination act no. 6170m/6267 of 15/07/2019 (hip injury possibly caused by kicking in specially issued police boots (берцы))
First complaint to the police department in Alekseevskiy District of Moscow - 12/06/2019
Refusals to open a criminal case - 12/07/2019, 30/07/2019, 16/03/2020
11/11/2021 Meshchansky District Court of Moscow / 26/05/2022 Moscow City Court
No information provided
48108/22
20/09/2022
Vitaliy Mikhaylovich BELOBORODOV
1972
Yana Viktorovna Kovaleva
Kazan
29/04/2021 Alekseyevskoye, Tatarstan Republic / Police officers of the Alekseyevskiy District Police Station (ОМВД по Алексеевскому району Республики Татарстан)
Police report drawn upon the applicant’s initial examination at the Regional Clinical Hospital Alekseyevskaya of 29/04/2021 (four broken ribs, bruises to the chest and right side of the face)
Certificate of the Regional Clinical Hospital Alekseyevskaya of 11/05/2021, admitted to the hospital on 29/04/2021 (four broken ribs, brain concussion, bruises to the right eye).
Forensic medical examination act no. 347 of 26/07/2021 (haematoma under the eye, bruises of the face and head, brain concussion, broken jawbone).
Forensic medical examination act no. 437 of 06/09/2021 (four broken ribs, pneumothorax, haematoma under the left eye, broken jawbone, abrasions on both wrists; qualified as harm of medium and severe gravity).
Decision to open a criminal case of 30/04/2021.
Decision to terminate a criminal case of 29/12/2021
28/03/2022 Sovetskiy District Court of Kazan / 20/05/2022 Supreme Court of the Tatarstan Republic
19/11/2021
Alekseyevskiy District Court of the Tatarstan Republic
No appeal
50631/22
07/10/2022
Artem Anatolyevich BUSLENKO
1988
Danil Ilnurovich Nurgaleyev
Kazan
15/08/2021 St Petersburg / Police officers on patrol / Applicant taken to police department no. 31 in Kirovskiy District of St Petersburg (отдел полиции № 31 УМВД по Кировскому району г. Санкт-Петербурга)
Certificate of the City Hospital no. 26 of 17/08/2021 (closed head injury, concussion, multiple haematomas and bruises, abrasions on the head, face, body, and right suborbital area). Forensic medical examination act no. 364 of 1/11/2021 (multiple haematomas and bruises, abrasions on the head, face, body, and right suborbital area, head injuries were not confirmed).
First complaint to the investigation office 24/08/2021
Refusals to open a criminal case of 22/09/2021, 30/10/2021, 30/11/2021
8/04/2022 Kirovskiy District Court of St Petersburg
22/06/2022 St Petersburg City Court
No information about the conviction