Communicated on 8 November 2018
THIRD SECTION
Application no. 381/11
Ivan Valeryevich SHILNIKOV
against Russia
and 6 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 applicants / date of birth
/ place of residence
1.
381/11
15/11/2010
Ivan Valeryevich SHILNIKOV
22/06/1983
Chelyabinsk
2.
34503/17
29/04/2017
Vladislav Valeryevich SHCHERBAKOV
24/11/1977
Nakhodka
3.
43396/17
13/10/2017
Vladimir Vasilyevich IVANOV
31/03/1957
Krasnoyarsk
4.
7150/18
5/02/2018
Stanislav Pavlovich KLIMENKO
25/06/1991
Sterlitamak, Republic of Bashkortostan
5.
7539/18
02/02/2018
Eduard Grigoryevich PALADYAN
10/04/1955
Anapa
6.
9929/18
09/02/2018
Zubaydulo Aliyevich KADYROV
22/04/1969
Omsk
7.
10918/18
15/02/2018
Roman Vladimirovch PRISYAZHNYY
20/02/1978
Artem, Primorskiy Region
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 Articles 3 and 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?
4. As regards case no. 381/11, the Government are requested to submit the following documents: Pre-investigation inquiry materials; order on refusal to institute criminal proceedings of 31/03/2016; record of the applicant’s arrest of 08/02/2015.
5. As regards case no. 43396/17, the Government are requested to submit the following documents: Pre-investigation inquiry materials; records of the applicant’s arrests; forensic medical examination report of 18/09/2002; medical card of the applicant.
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.
381/11
Shilnikov v. Russia
20/04/2009
Chelyabinsk
Criminal Investigation s Unit of Kalininskiy Region in Chelyabinsk
20/04/2009 During and after arrest
On the street in Kalininskiy Region of Chelyabinsk and in the office of the Kalininskiy District Police Department in Chelyabinsk
The applicant was beaten by police officers of the Criminal Investigations Unit during his arrest in the street and in their office
Police officers of the Criminal Investigations Unit
21/04/2009 (medical examination conducted by Third City Hospital ;
Medical Certificate
Third City Hospital
Multiple hematomas of soft tissues of the head and face and lower jaw
Arrested on the suspicion on having committed a criminal offence
2.
34503/17
Shcherbakov v. Russia
08/02/2015 (01:00 (according to the applicant) or 20:10 (according to the detention order of 12/02/2015))
Nakhodka
Department of the Ministry of Internal Affairs of the Russian Federation in Nakhodka
After arrest
Investigative Unit of the Department of the Ministry of Internal Affairs of the Russian Federation in Nakhodka
The applicant was ill-treated by a group of four criminal police officers during two days after his arrest
Criminal police officers
12/02/2015
Forensic examination report
Nakhodka Inter-District Department of the Forensic Bureau of the Primorskiy Region
"a) abrasions of zygomatic region on the left; bruises on the lower jaw on the left, in the parotideal region on the left with transition to the anterior and posterior surface of the left auricle and the temporal region on the left in the mastoid process dimension; abrasions on the external lateral surface of the left knee joint; b) bruises on the posterior surface of the right mid-shoulder; abrasions in the area of the chest on the left in the dimension of the 5th, 6th and 7th intercostal spaces between the posterior axillary and scapular lines". "The described injuries sustained: in para. а) about one day ago; in para. b) about 3-4 days ago at the moment of examination (10/02/15)". "The injuries above do not entail a short-term health disorder or insignificant persistent loss of general capacity for work".
Arrested on suspicion of having committed a criminal offence
3.
43396/17
Ivanov v. Russia
26/05/2002 after 22:00
Norilsk
Second City Police Department in Norilsk
After arrest
Second City Police Department in Norilsk
The applicant was beaten by a police officer on duty
Police officer on duty
18/09/2002 (medical examination conducted by IZ-4 Krasnoyarsk Region on 05/06/2002)
Forensic medical examination report
n/a
Abrasions on the left shin and in the area of wrist joints
30/01/2004
Norilsk
Department of the Ministry of Internal Affairs of the Russian Federation in Norilsk
After arrest
Criminal Investigations Unit of the Department of the Ministry of Internal Affairs of the Russian Federation in Norilsk
The applicant was beaten and threatened by two police officers of the Criminal Investigations Unit in their office
Police officers of the Criminal Investigations Unit Ba. and Kry.
10/02/2004 - 24/02/2004
Discharge Summary
Norilsk City Hospital no. 1
Closed craniocerebral injury, minor brain contusion, linear fracture of the occipital bone on the left, bruises of the soft tissues of the face
30/06/2004
Norilsk
First City Police Department in Norilsk
After arrest
First City Police Department in Norilsk
The applicant was beaten with a baseball bat by a police officer of the Criminal Investigations Unit in his office
Police officer of the Criminal Investigations Unit Vas.
30/06/2004
Trauma Patient Card
Medical Unit no. 1, Norilsk (Trauma Unit of Norilsk City Polyclinic no. 1)
Soft-tissue bruises, abrasions of the upper limbs, back, buttocks and lower limbs
31/10/2004
Norilsk
First City Police Department in Norilsk
After arrest
First City Police Department in Norilsk
The applicant was beaten by a police officer of the Criminal Investigations Unit in his office
Police officer of the Criminal Investigations Unit Bat.
Issued on 20/04/2007 (medical examination conducted by IZ-4 Krasnoyarsk Region on 02/11/2004)
Medical Certificate
IK-5 Krasnoyarsk Region
Lilac bruises on the inner surface in the middle third of both hips with a diameter of 3.5-4 cm
4.
7150/18
Klimenko v. Russia
13/10/2015, 11:55
Rostov-on-Don, Korolev Avenue
FSKN
13/10/2015, 12:00
FSKN van, near Korolev Avenue, Rostov-on-Don
The applicant was allegedly kicked and punched
FSKN officers
14/10/2015
Medical certificate
Ambulance clinic (GBSMP), Rostov-on-Don
bruise of soft tissues of the chest and of the left ankle
FSKN officers arrested the applicant and escorted him to the police van.
5.
7539/18
Paladyan v. Russia
26/03/2013
Anapa
Federal Security Service (FSB) and Interior Ministry branch of the Krasnodar Region
28/03/2013
IVS Korenovsk, Krasnodar Region
The applicant claimed he had been electrocuted and beaten. He also alleges psychological ill-treatment and threats.
Police officers of Korenovsk, Investigator Mr.M.V.
05/04/2013
Forensic Examination Report no. 140
Forensic Bureau of the Krasnodar Region
Abrasions on the fingers of both hands, both knees, back, shoulders, elbows. a bruise on the back.
Arrested on the suspicion of being an accomplice in a committed murder
12/04/2013
Expert report no. 2053/2013
Forensic Bureau of the Krasnodar Region
Abrasions on the fingers of both hands, both knees, back, shoulders, elbows. A bruise on the back.
Conclusion: the applicant has several burn marks that evidence that the applicant was electrocuted.
The described injuries sustained about 1-2 weeks prior to the date of examination.
17/10/2013
Expert report no. 446/2013
Forensic Bureau of the Krasnodar Region
Same injuries found (see two reports above). The expert found, however, that there is no evidence that the injuries were sustained as a result of electrocution.
6.
9929/18
Kadyrov v. Russia
07/06/2010 to 10/06/2016
IK-8 Omsk
Handcuffing, arms tied behind the back and fixed to a grid behind the applicant’s head, electrocution
Employees of the IK, L., E., Lu., P.
19/07/2016
Examination report, incl. photos (examination of the open zone of the arms and of feet only)
Investigator Zh.
Abrasion of the left wrist, two ‘dots’, at 2mm one from the other, on the skin of the left little finger; a spot on the left foot identified by the applicant as an injury
Unspecified
Expert report no. 8796 (cited in a refusal to prosecute)
Unspecified
The expert report was based on documents only, mainly on the examination report. No new injuries found
7.
10918/18
Prisyazhnyy v. Russia
14/01/2014
Police department Dalnerechensk
Placing a plastic bag over the applicant’s head
Police officers
09/03/2016 (indirect evidence)
Expert report no. 041
Expert group of the Ministry of Interior
The expert report confirms the applicant’s allegation that he signed the record of 14/01/2014 with his left hand (he is a right-handed person) in order to further prove the duress
26/02/2014
Police department Vladivostok
Beatings
Police officers
12/03/2014
Certificate
Vladivostok Hospital No. 2
Brain concussion, fracture of the nose bone, bruises on soft issue of the chest and of the upper limbs
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.
381/11
Shilnikov v. Russia
27/04/2009
The Investigation Unit of the Investigative Committee of the Chelyabinsk Region
Consistently refused
27/05/2009 (refusal to institute criminal proceedings); 09/06/2010 (first instance court’s decision); 19/08/2010 (appellate court’s decision)
Pre-investigation inquiry; refusal to institute criminal proceedings upheld by the domestic courts of two instances
Remarks: The applicant was sentenced by the judgment of the Kalininskiy District Court of Chelyabinsk of 18/06/2010 upheld on appeal on 07/10/2010.
2.
34503/17
Shcherbakov v. Russia
n/a
The Investigative Unit of the Investigative Department of the Investigative Committee of the Russian Federation for the Primorskiy Region in Nakhodka
Consistently refused
31/03/2016
Pre-investigation inquiry; refusal to institute criminal proceedings
Remarks: The applicant raised his complaint about ill-treatment during his trial by the Nakhodka City Court of the Primorskiy Region (decision of 27/05/2016) and in his appeal to the Primorskiy Regional Court (decision of 01/11/2016).
3.
43396/17
Ivanov v. Russia
18/07/2013
The Investigative Unit of the Central Investigative Department of the Investigative Committee of the Russian Federation for the Krasnoyarsk Region in Norilsk
Consistently refused
22/04/2016 (latest refusal to institute criminal proceedings); 04/09/2016 (first instance court’s decision); 06/04/2017 (appellate court’s decision)
Pre-investigation inquiry; refusal to institute criminal proceedings upheld by the domestic courts of two instances
Remarks: It appears from the case materials that the applicant resisted during his arrest on 26/05/2002 and the injuries might have resulted from the lawful use of force by the police officers.
4.
7150/18
Klimenko v. Russia
20/10/2015
Investigative Committee of the Russian Federation
Consistently refused
Refusals to initiate criminal proceedings: 09/11/2015, 23/11/2015, 17/02/2016, 16/03/2016, 29/04/2016, 28/07/2016, 02/02/2017
The Investigative Committee consistently refused to initiate criminal proceedings. All these refusals were upheld by domestic courts. First instance upheld them on 14/06/2017. Upheld on appeal on 24/08/2017 by the Rostov Regional Court.
5.
7539/18
Paladyan v. Russia
29/11/2013
Investigator (in the applicant’s criminal case). The applicant made his statement during one of the questionings
Criminal investigation
On 05/08/2015 a criminal inquiry into the ill-treatment allegations was initiated. The investigation seems to be pending.
Criminal investigation is pending. Despite the fact that the trial court excluded multiple pieces of evidence due to plausibility of ill-treatment allegations, no progress is seen in the criminal investigation. Trial judgment date - 11/10/2016, appeal - 03/11/2017
Remarks: Possible issues with length of investigation, its thoroughness (no specific procedural steps seem to have been taken by the authorities).
6.
9929/18
Kadyrov v. Russia
08/07/2016
Investigator
Consistently refused
Latest refusal - 24/08/2017
Five times a refusal to prosecute was issued and then quashed.
On 31/10/2016 a prosecutor requested to speed up the proceedings.
Remarks: The only motive indicated in most of the refusal to prosecute - unavailability of the expert report. In August 2017 the alleged perpetrators were questioned, they denied the allegations , no other evidence has been examined.
7.
10918/18
Prisyazhnyy v. Russia
12/02/2014 (according to the applicant)
Investigator
Consistently refused
31/08/2017
Latest refusal to prosecute - 06/08/2017, quashed on 31/08/2017
Remarks: All the further refusals to prosecute copied the first one word to word, no new evidence was considered
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