Communicated on 15 June 2018
THIRD SECTION
Application no. 30050/09
Vladimir Viktorovich SHISHKIN 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?
APPENDIX
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.
30050/09
Shishkin
v. Russia
02/03/2006
Department of the Interior of the Kstovsky District of the Nizhny Novgorod Region
Handcuffing, binding of legs and head, flumping, beating over the chest (in the heart area).
The applicant came to the police station to make an inquiry about the computer and documents that disappeared as a result of search in his house; as a result he was abused by police officers.
Police officers Sh. and L.
15/06/2007
Forensic examination report
Forensic Bureau of the Nizhny Novgorod Region
Bruises in the area of the left eye, the left cheek and the right hip, abrasions in the area of wrist joint of blunt injury type. According to doctors, they could have resulted from blows by hands and legs within 1 to 3 days before a visit to a hospital
2.
34893/09
Mosyagin
v. Russia
27/08/2008
Nizhny Novgorod, at the entrance to the applicant’s house
Federal Drugs Control Service (ФСКН) in Nizhny Novgorod, on suspicion of drug trafficking.
27/08/2008
Nizhny Novgorod, at entrance to the applicant’s house
The applicant allegedly resisted the FDCS officer during a test purchase of drugs and as a result was shot in the leg during the arrest with a traumatic gun
FDCS officer
28/08/2008
Medical certificate
IZ-52/1, medical unit, Nizhny Novgorod
Firearm wound in the middle third of the left shin
3.
62367/10
Yakovlev
v. Russia
No connection with criminal proceedings against the applicant (the applicant allegedly refused to move to a different penitentiary facility)
25/03/2010 20:00 to
26/05/2010 01:00
IVS OVD for Sosnovy Bor of the Leningrad Region
The applicant was placed into an isolation ward, was handcuffed to a reinforcing rod with the hands behind his back during 5 hours
Officers of the UVD D., Sh., B., Shm., investigator O.
02/08/2010
Letter to the prosecutor’s office
Administration of the pre-trial detention facility
Compression syndrome, ischemic neuropathy, scratch marks on the left forearm
4.
25721/13
Anoshkin
v. Russia
12/04/2012
at 15:30
Tolyatti, Samara Region
Police department
The applicant was arrested near his friend’s house. He was in possession of drugs. When he saw the policemen he tried to throw the drugs away. He was later on handcuffed.
12/04/2012
Police station No.3, Tolyatti, Samara Region
Beatings (the police officers kicked the applicant who was handcuffed and was lying on the ground)
Police officer Sh. and volonteer S. (добровольный помощник)
24/05/2012
Forensic
examination report (the report was based on the medical report (травматологическая карта) No.4567 of 14/04/2012)
Forensic Bureau of Tolyatti
Upper and lower limbs injuries (1.5-3 cm), cerebral contusion
21/04/2012
Witness statement of Mr M., who claimed that he heard the applicant screaming.
5.
71467/13
Yepifanov
v. Russia
15/03/2012 at 14:00
Yoshkar-Ola, the Annikova Str.
Drug police
Arrested on charges of drug dealing
During the arrest
Yoshkar-Ola, Annikova str.
Blows on head and body, tying up hands
Drugs police officers
07/06/2012
Witness interrogation statement
Witness Su.
Confirms tying up of the applicant, as well as several blows, including on the left-hand side of the chest
During detention 15/03/2012
Yoshkar Ola (Drugs police)
2 blows on ears, not less than 16 blows on the body
Drugs police officers
16/03/2012
Medical Certificate
Polyclinic no. 15
Hematoma of the right orbital cavity. Maim of the chest, right-hand side
21/06/2012
Expert statement
Forensic Bureau of Mariy El
Hematoma of the right orbital cavity
6.
59725/16
Berduto
v. Russia
Conviction on 25/01/2010, fulfilment of punishment in IK-56 of the Sverdlovsk Region
05/04/ 2016
at 9:00.
The office on the 2nd floor of IK-56
The use of lacrimatory gas on the applicant’s face, putting of the handcuffs without a possibility of washing the face during a half hour
The staff member of IK-56 the Sverdlovsk Region - the head on night duty Khatyukhin A.O.
Only witness statements
Swelling of the face, into cotton, red eyes, he smells of gas.
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.
30050/09
Shishkin v. Russia
03/03/2006
The Department of the Interior of the Kstovsky District of the Nizhny Novgorod Region; Kstovo City Prosecutor’s office
Consistently refused
16/03/2006
The authorities several times refused to open an investigation. The applicant challenged refusal in the national court. The court twice quashed the investigator’s decisions (Decision of the Kstovo City Court of the Nizhny Novgorod Region of 18/02/2008, Decision of the Kstovo City Court of the Nizhny Novgorod of 16/06/2010). After that the investigator again refused to open an investigation. By the Judgment of the Nizhny Novgorod District Court of Nizhny Novgorod of 03/12/2014 the applicant was awarded compensation of 10,000 RUB for non-pecuniary damage for an incomplete investigation.
The applicant alleged that the investigators did not comply with the court’s decisions to start an investigation. The amount awarded to the applicant was allegedly insufficient. The investigation was allegedly not independent (performed by the same police unit, against which the applicant complaint).
2.
34893/09
Mosyagin v. Russia
28/08/2008
The Investigative Committee of the Prosecution of the Nizhny Novgorod Region
Consistently refused
14/09/2008
The prosecutor’s authority refused to open an investigation. Challenging that decision to the court was of no avail (Cassation Decision of the Nizhny Novgorod Regional Court of 24/03/2009).
No effective investigation of the applicant’s injuries was held
3.
62367/10
Yakovlev v. Russia
19/07/2010
The Sosnovoborsky Inter-District Investigative unit of the branch of the Investigative Committee for the Leningrad Region
Consistently refused
17/05/2011
The authorities several times refused to open an investigation. The criminal authorities to institute criminal proceedings of 09/08/2010, upheld by the first-instance court on 19/11/2010, appeal of 27/01/2011 remitted the case to the first-instance court for a fresh examination, further developments of these proceedings are unclear. The investigator again refused to start criminal proceedings on 17/05/2011. The applicant alleged that no effective investigation of the his injuries was held.
4.
25721/13
Anoshkin v. Russia
23/04/2012
The Prosecutor’s office of the Central District of Tolyatti
Consistently refused
03/05/2012
Copy of the applicant’s complaint was admitted to the case-file of the criminal case against him.
04/05/2012
The Investigative Committee of the Samara Region
Consistently refused
04/06/2012
Plain refusal to initiate a criminal case. Origin of injuries was not explained (medical documents were considered irrelevant)
15/06/2012
The Prosecutor’s office of the town of Tolyatti
Consistently refused
08/08/2012
Plain refusal to initiate a criminal case. The applicant’s medical evidence rejected as untrustworthy
01/11/2012
The Central District Court of Tolyatti
Consistently refused
02/11/2012 (first instance);
11/01/2013 (appeal - Samara Region Court)
The applicant’s Article 125 of the CCPr complaint in respect of the decision not to bring criminal proceedings in respect of the events was dismissed without consideration on the merits, as the question “had already been resolved within the criminal proceedings against the applicant”.
5.
71467/13
Yepifanov v. Russia
15/04/2012
The Investigative Committee in Yoshkar-Ola
Criminal investigation
25/04/2012 - 30/12/2012
Criminal case was initially opened on 25/04/2012 and then closed on 30/12/2012.The courts held that the closure of investigation for the lack of indication of a crime was lawful on 23/05/2013 (at first instance), as confirmed on 31/07/2013 (on appeal).
6.
59725/16
Berduto v. Russia
10/04/2016
The Ivdelsk Prosecutor’s Office
Consistently refused
10/06/2016
The applicant made no further appeals before national courts because of the alleged fear of reprisals
Full & Egal Universal Law Academy