Published on 27 March 2023
THIRD SECTION
Application no. 41254/18
Ayub Kharonovich TUNTUYEV against Russia
and 23 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 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
41254/18
20/08/2018
Ayub Kharonovich TUNTUYEV
1975
Deceased in 2019
Vanessa Kogan
Moscow
On 17/05/2016 the applicant was beaten to the kidneys, chest and head and threatened with rape and poisoning by two individuals in plain clothes in correctional colony IK-6 Vladimir Region in order to force him to confess. Later the same day and on 20/05/2016, the applicant was threatened by FSB officers who demanded that he waived his right to a lawyer and kept the events of 17/05/2016 to himself.
Forensic medical examination no. 6/230-16 of 27/07/2016 by the Vladimir Regional Forensics Bureau (conducted on 21/07/2016, (no bruises or abrasions recorded)).
First complaint of the applicant’s lawyer to the Investigative Committee of the Vladimir Region, 30/05/2016 / Criminal case opened on 05/07/2012, decision to terminate the proceedings on 05/12/2017.
Complaint against the termination with the Kovrov Town Court, which rejected it on 21/12/2017 / upheld by the Vladimir Regional Court on 20/02/2018.
No relevant information
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment,
Art. 6 (3) (c) - own choice of legal assistance - On 17/05/2016, the applicant waived his right to a lawyer as a result of his ill‑treatment
45802/18
13/09/2018
Andrey Igorevich KREKOV
1980
Karinna Akopovna Moskalenko
Strasbourg
At night on 26/07/2014 the applicant was arrested by the police on suspicion of an administrative offence. He was escorted to police department no. 3 in Arkhangelsk. The applicant stated that police officers had beaten him all over the body and tried to suffocate him.
Forensic medical examination act no. 3113 of 28/07/2022 by the Arkhangelsk Forensic Bureau (numerous hematomas all over the head, the body, and the upper and lower limbs that could have been caused by a hard blunt object up to one-four days prior the examination).
On 26/06/2014 the applicant lodged a complaint with police department no. 3 in Arkhangelsk / Refusal to open a criminal case on 16/10/2014 / The criminal case against the police officers was opened on 06/11/2014 / Termination of the case on 06/11/2015.
On 18/08/2017 the applicant lodged yet another appeal against the termination of the case with the Lomonosovskiy District Court, which refused to accept it/Arkhangelsk Regional Court overruled that decision on 28/11/2017 and remitted the case for a fresh examination. On 19/01/2018 the Lomonosovskiy District Court dismissed the appeal/On 15/03/2018 the Arkhangelsk Regional Court upheld the decision.
On 22/07/2015 the applicant was convicted of use of violence against a public official.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill‑treatment
39527/19
14/07/2019
Andrey Elfidovich ZAKURNAYEV
1975
Nikolay Sergeyevich Zboroshenko
Moscow
The applicant was arrested at approximately 12.30 a.m. on 20/10/2015 near a post office in the town of Prokopyevsk by plainclothes police officers; he was subjected to beatings on the road to the Novokuznetsk Police Department of the Kemerovo Region. At the police station the beatings continued in order to pressure him to give incriminating statements against his brother who was charged with murder; the applicant was released on 21/10/2015 at about 1 a.m.
Expert report of 22/10/2015 of the Kemerovo Regional Forensic Bureau (abrasions to the right radial joint, which were caused by hard objects, possibly from the edges of the handcuffs; bruises to the face, left auricle, shoulder joints, thorax, upper extremities, lumbar region, abrasions to the red fringe of the upper lip, mucosal cheeks, caused by at least sixteen impacts of a hard blunt object).
Discharge summary of the Kemerovo Municipal Hospital no. 3 of 30/10/2015 (concussion of the brain, fracture of nasal bones, contusions, soft tissue haematomas of head, chest, upper extremities, lumbar region).
Expert report of 30/08/2016 of Novokuznetsk Town Forensic Bureau (closed craniofacial trauma in the form of concussion of the brain, with fracture of the nasal bones without dislocation of the fragments, with bruising on the back of the nose, bruising of the soft tissues of the parieto-occipital region).
1) On 04/11/2015 to the Head of the Investigative Committee of the Kemerovo Region, on 27/11/2015 to the head of the Investigative Committee of Russia / 14 refusals to open criminal case between 12/11/2015 and 03/01/2018. Each of the refusals was overruled by the investigators’ superiors as premature and ungrounded and a new round of inquiry was ordered, and the investigators were instructed to take a number of steps. Each time those compulsory orders were not complied with.
2) Criminal investigation opened on 12/02/2018 by the Novokuznetsk Department of the Investigative Committee / Three decisions to close the criminal case between 12/12/2018 and 25/04/2019. Two decisions were overruled by the investigators’ superiors for the investigators’ failure to take basic investigative steps; the investigators were given compulsory orders on the steps to be taken, but to no avail. The last decision to close the investigation for the lack of corpus delicti in the actions of the police officers was taken on 20/06/2019.
In view of the persistent numerous refusals to open a criminal case and then the repeated terminations of the investigation into the ill-treatment (all those decisions were issued within the time frame of 3,5 years) and considering that each of those decisions was subsequently overruled by the investigators’ superiors whose orders to remedy the indicated shortcomings remained uncompiled with, the applicant did not lodge complaints under Art 125 of the CCrP deeming that it would be ineffective and devoid of purpose in the particular circumstances of the case .
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis on 20/10/2015 until his release on 21/10/2015
40311/19
18/07/2019
Aleksey Yuryevich MUZHETSKIY
1976
Igor Nikolayevich Sholokhov
Kazan
On 24/03/2018 FSB officers allegedly took the applicant from the street near his home to a forest where he was beaten in the torso for 3 minutes and threatened to make him stop his political activities. Then he was taken back. No record of his apprehension was drawn.
Examination act no. 99 of 26/03/2018 by the Stavropol Region Forensic Bureau (hematomas on the torso which did not qualify as causing harm to health) and expert evaluation no. 186 of 04/04/2018 by the same Bureau (bruising of the anterior and lateral walls of the abdomen, injuries were a result of impact of blunt objects on a limited surface).
On 27/03/2018 complaint with the Aleksandrovskiy Inter-District Department of the Investigative Committee of the Stavropol Region /on 15/05/2018 a criminal case opened, on 14/06/2018 the investigation suspended.
On 18/03/2019 the Aleksandrovskiy District Court partly terminated the proceedings on the applicant’s appeal against the suspension /on 14/05/2019 the Stavropol Regional Court rejected the applicant’s appeal in full.
The applicant was not charged with any offence.
41438/19
26/07/2019
Dmitriy Aleksandrovich TSYBUKOVSKIY
1993
Andrey Gennadyevich Lepekhin
Chelyabinsk
At 10 p.m. on 19/02/2018 officers of the FSB for the Chelyabinsk Region apprehended the applicant. No explanation was provided regarding the reasons for the apprehension, no record of arrest was drawn up. They knocked him down on the floor, handcuffed him and administered at least 10 blows to his head, neck and body. Then he was taken by car to his workplace; on the way the officers administered at least 20 blows to the applicant’s stomach, solar plexus, neck and hips. Thereafter they took the applicant to his flat in Chelyabinsk, which they searched until 2 a.m. on 20/02/2018. After that the applicant was taken to the FSB, where he remained all night, was beaten up, subjected to electric shocks, interviewed and forced to admit to having been involved in hooliganism. In the morning on 20/02/2018 the applicant was taken to the police station, where at 11:55 a.m. he was informed that he was suspected of having committed a crime. A legal-aid lawyer was appointed to him, in whose presence the applicant complained about the ill-treatment by the FSB officers. He was released at 8:30 p.m.
Medical card no. 100074379 by Chelyabinsk Regional Hospital no. 2, entry of 22/02/2018 (bruise measuring 2 cm on the right flank area, two electric burn marks measuring 3 mm on the left hip; diagnoses - injury of the soft tissues of abdomen, electric burns on the left hip; the applicant stated that the injuries were a result of ill-treatment by FSB officers).
Forensic medical report no. 1585 of 02/03/2018 by the Chelyabinsk Region Forensic Bureau (the bruise originated as a result of traumatic impact by a hard blunt object, this injury was assessed as superficial, its time of infliction could not be determined; no medical assessment was given to the electric burn due to the absence of a detailed morphologic description of this injury in the medical card).
Forensic medical report no. 5482 of 02/08/2018 (electric burns were assessed as being "first-degree burns" which could have originated in the period of time and under the circumstances as alleged by the applicant).
On 27/02/2018 to the Chelyabinsk Investigative Committee/ Refusals to open criminal case: 12/03/2018, 12/04/2018, 21/08/2018, 25/10/2018, last - 24/01/2019. All refusals, except for the last one, were overruled by the investigators’ superiors. The complaint was found unsubstantiated as the use of force by the FSB officers was justified by the applicant’s resistance.
The applicant appealed against the last refusal to the Chelyabinsk Garrison Military Court/appeal dismissed on 24/12/2018/ upheld on 31/01/2019 by the Ural Circuit Military Court
On 19/06/2018 criminal proceedings against the applicant were terminated for the lack of corpus delicti.
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Unrecorded detention for over 14 hours from 10 p.m. on 19/02/2018 to 11:55 a.m. on 20/02/2018,
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
43704/19
30/07/2019
Denis Eduardovich YEFIMOV
1988
Timur Faritovich Miftakhutdinov
Kazan
On 18/04/2018 Drug Control officers of the Department of Interior of Zelenodolsk stopped the applicant’s car in Zelenodolsk, brought him and passenger K. to a police car, beat the applicant there on the chest, stomach, head, back and left hip, pulled out his hair and pinched his nose. He was then taken to the Zelenodolsk police station and questioned there with a view of obtaining testimony against K. on account of the latter’s alleged involvement in drug trafficking.
Medical certificate of the Zelenodolsk District Hospital no. 2778 of 20/04/2018 (chest bruise, contusion of the right kidney); certificate from the same hospital no. 2923 of 25/04/2018 (same injuries detected).
IVS record of emergency calls, 19/04/2018 (chest pain), local emergency team records no. 2813 of 19/04/2018 (right-side renal colic, kidney pain, chest pain) and no. 3832 of 25/04/2018 (bruise to the chest, brain concussion, right hip bruise).
Forensic medical examination report no. 326 (referred to in the decision of 04/18/2018 not to open criminal case, no date cited – right hip bruise, impossible to establish the date and origin due to insufficient description in existing documents).
First complaint to the Tatarstan Investigative Committee on 04/05/2018.
In parallel, in May 2018 (date illegible) the Zelenodolsk District Hospital informed the Zelenodolsk police of the applicant’s injuries (kidney contusion)/Refusals to open criminal proceedings: 04/06/2018 (overruled- forensic expert not questioned, video- or other evidence not obtained); 16/11/2018 (overruled as incomplete on the same grounds and due to a failure to question two of the arresting officers); latest round of the inquiry pending at the time of introduction of the application.
15/11/2018 (no appeal as the refusal of 04/06/2018 overruled in the meantime)/15/03/2019 Tatarstan Supreme Court (complaint disallowed as the latest refusal of 16/11/2018 had been overruled by the investigators’ superiors in the meantime).
19/04/2018 Justice of the Peace of the 5th Court Circuit of Zelenodolsk/administrative conviction for a refusal to undergo a drug intoxication test, 7 days’ administrative arrest
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment
46839/19
22/07/2019
Yuriy Vladimirovich KOPSHEV
1984
On 20/12/2016 police officers of Pionerskiy Town Police Department in the Kaliningrad Region subjected the applicant to beatings at the police station to make him confess to bribery.
Certificate of the Pionerskiy Town Clinical Hospital of 21/12/2016 (sprain of the ligament apparatus of the spine).
Forensic medical examination report no. 3548 of 22/12/2016 by the Kaliningrad Regional Forensic Bureau (bruises on both hands and shins, abrasion of the right shin).
First complaint to the investigation office, prosecutor’s office and Federal Security Service of 23/12/2016/
Refusals to open a criminal case of 03/03/2017, 28/12/2017, 16/04/2018, 14/06/2018, 24/08/2018, 15/04/2019,
22/10/2019.
22/03/2019 Svetlogorsk Town Court /upheld on 24/06/2019 by the Kaliningrad Regional Court
On 08/05/2018 the Svetlogorsk Town Court convicted the applicant of bribery and sentenced him to nine years’ imprisonment/23/08/2018 Kaliningrad Regional Court upheld the conviction.
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unrecorded detention between 20/12/2016 and 21/12/2016
50455/19
17/09/2019
Magomed Omarovich MAGOMEDOV
1981
Arsen Khidirnabiyevich Shabanov
Makhachkala
On 14/01/2019 the applicant, a lawyer, accompanied his client, to the Kirovskiy district police department in Makhachkala, where he allegedly was violently prevented from entering an office with his client. An officer pushed him against the wall, grabbed him by the arms and neck and dragged him outside.
Medical examination act no. 88 of 14/01/2019 by the Dagestan Forensic Bureau (bruises of the shoulders due to repeated pressure of blunt objects; the bruises did not cause harm to health).
Complaint with the Kirovskiy District Investigative Committee lodged on 14/01/2019 / refusals to open a criminal case on 24/01/2019 and 28/02/2019 overruled by the investigators’ superiors, last - on 31/05/2019.
On 17/05/2019 the Kirovskiy District Court in Makhachkala dismissed the applicant’s appeal against the refusal of 28/02/2019 as it had been overruled by the investigators’ superiors/on 03/06/2019 upheld by the Dagestan Supreme Court.
The applicant was not charged with any offence.
Art. 13 - lack of any effective remedy in domestic law
52162/19
28/09/2019
Oleg Rashidovich SIRAZOV
1965
Nikolay Sergeyevich Zboroshenko
Moscow
On 16/12/2015 at 12.30 p.m. the applicant was beaten up in his flat in front of his mother by 2 police officers from the Novokosino district police station in Moscow.
Medical examination act of 21/12/2015 from city hospital no. 66 (closed fracture of the nasal bones with displacement, contusions and bruises to the soft tissue of the face).
Forensic Medical Examination no. 1530м/1950 of 21/04/2016 by the Moscow Forensics Bureau (the diagnosis of a closed nasal fracture cannot be objectively confirmed or disproved, contusions and bruises to the soft tissue of the face, bruises to the left eye area, left forehead, abrasions to the right elbow joint, bruising to the left forearm). The examination appears to have been made on the basis of documents.
Forensic Medical Examination no. of 15.09.2017 (the injuries could have been sustained by the applicant in the period of time specified by the applicant).
First complaint to the Novokosino district police station on 22/12/2015 / Refusals on 24/03/2016, 01/04/2016, 25/04/2016, 04/05/2016, 31/07/2016, 07/11/2016,
09/12/2016, 20/07/2017, 27/09/2017, last – 28/09/2019 (the use of force was justified by the applicant’s behaviour).
The Perovo District Court in Moscow on 06/05/2019 / upheld by the Moscow City Court on 13/06/2019
No relevant information
62444/19
20/11/2019
Viktoriya Andreyevna BUYANTSEVA
1989
Igor Nikolayevich Sholokhov
Kazan
On 23/05/2018 the applicant was taken to police department no. 17 “Yamashevskiy” in Kazan on suspicion of drug trafficking. She was released on 24/05/2018 at 00:45. No record of her detention was made. The applicant was subjected to ill-treatment by police officers as a result of which she received injuries.
Forensic examination act no. 3680/2923, issued by the Tatarstan Forensic Bureau (abrasions in the region of the left knee joint, muscle strain of the right forearm and shoulder joint).
First complaint to the head of police department no. 17 “Yamashevskiy” of the City of Kazan, 24/05/2018 / refusal to open a criminal case on 30/05/2018. Then complaint to the Novo-Savinovskiy District investigative committee in Kazan, 07/06/2018 /refusals to open a criminal case on 09/06/2018, 22/06/2018, 12/07/2018, and 23/08/2018.
On 18/04/2019, 08/07/2019, and 16/09/2019 the Novo-Savinovskiy District Court in Kazan dismissed the applicant’s appeals as the impugned refusals had been overruled by the investigators’ superiors/On 18/06/2019, 27/08/2019, and 25/10/2019 respectively the Supreme Court of the Republic of Tatarstan upheld those decisions.
The applicant was not charged with any offence.
Art. 5 (1) - unlawful detention - 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 connection with the complaint under Article 3.
63119/19
22/11/2019
Kirill Sergeyevich MAKSIMENKO
1997
Deceased in 2021
Ani Mesropovna Agagyulyan
Moscow
On 19/01/2017 officers of the Velikiy Novgorod Traffic Police Department stopped the applicant for a traffic violation. According to the applicant, after his refusal to get out of the car, the police officers forcibly pulled him out of the vehicle despite his struggle as a disabled person with an artificial arm. Then they threw him on the hood of the police car and handcuffed him.
Ambulance certificate of 19/01/2017 no. 47/5856 of the 2-nd Ambulance Station (arterial hypertension, reaction to the situation described by the applicant).
Forensic medical examination acts no. 31 and 128 by the Novgorod Forensic Bureau (bruises and abrasions on his left arm and finger, face and neck. The injuries could have been caused by a hard blunt object on 19/01/2017).
First complaint to the police on 19/01/2017/Criminal case opened on 06/02/2017 and was discontinued on several occasions, last - 13/06/2018.
18/02/2019 Novgorodskiy District Court of the Novgorod Region/ 22/05/2019 Novgorod Regional Court
Administrative conviction for a traffic violation (25/04/2017, Novgorodskiy District Court of the Novgorod Region) and disobedience (19/01/2017, Novgorodskiy District Court of the Novgorod Region).
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment
11326/20
13/02/2020
Dmitriy Petrovich BOGDANOVICH
1974
Vyacheslav Alekseyevich Dyundin
Orsk
The applicant was apprehended at 12 a.m. on 10/03/2018 in Ponomarevka village in the Orenburg Region by police officer and taken to police department no. 2 “Sharlykskiy” on suspicion of unlicensed hunting on a snowmobile found on 09/03/2018 with traces of blood on it. During the interview officer D. allegedly punched and kicked the applicant in the face, head, chest, and thighs. In the morning the applicant was released, no charges were filed against him.
Medical certificate of Ponomarevka civil hospital in Orenburg Region of 14/03/2018: brain concussion, abrasion on the right temporal region, injury on the left side of the chest, injury and hematomas on the right thigh.
Forensic examination of the medical file no. 216 of 10/04/2018 by the Orenburg Forensic Bureau: abrasions of the right frontal area, concussion and hematomas on the right thigh could have resulted from the impact of a blunt object prior the applicant’s admission to the hospital on 10/03/2018. It was not excluded that the injuries could have appeared as a result of punching and kicking. The hematomas on the right thigh could have resulted from the collision with a snowmobile as well.
First complaint to the investigative committee, 11/03/2018 / Latest (4th) refusal to open a criminal case of 31/10/2018
Sharlykskiy District Court in Orenburg Region, 26/04/2019 / Orenburg Regional Court, 31/10/2019
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment
17996/20
22/04/2020
Denis Albertovich KARIMOV
1985
Olga Aleksandrovna Sadovskaya
Nizhniy Novgorod
On 01/05/2017 the applicant was handcuffed, subjected to beatings and tortured with electric shocks at the Gelendzhik police station in order to extract confession of a robbery.
Description of physical injuries in the lawyers’ complaint of 05/05/2017 to the Investigative Committee (two scratches of about
1.5 cm each on the wrist of the right hand; a scratch of about 2 cm on the wrist of the left hand; a scratch of about 12 cm on the right side of the lower left shin; a scratch of about 3 cm on the lower lumbar, numbness in the left thumb and right foot, in the kidney area).
Forensic medical report no. 1072/2017 of 10/08/2017 of the Gelendzhik Forensic Bureau (light brown pigmented skin patches of an oblong shape measuring 2.0 x 0.3 cm on the outer surface of both radial joints in the projection of the first finger; a superficial arc-shaped skin scar measuring 3.0 x 0.1 cm on the inner surface of the left tibia, in the lower third; the origin and age of injuries could not be determined).
On 05/05/2017 to the Gelendzhik Investigative Department of the Krasnodar region/6 refusals to open a criminal case between 14/05/2017 and 23/05/2018, overruled by the investigator’s superiors/Latest - 18/06/2018, upheld by the courts.
On 27/08/2019 by the Gelendzhik City Court/upheld on 22/10/2019 by the Krasnodar Regional Court (allegations of ill-treatment were dismissed ad unfounded with reference inter alia to the applicant’s criminal conviction of 03/08/2018).
On 03/08/2018 the Gelendzhik City Court convicted the applicant of robbery and sentenced him to 7 years of imprisonment/On 26/09/2018 the Krasnodar Regional Court upheld the conviction.
24917/20
22/06/2020
Denis Shamsundinovich MURDALOV
1977
Yanna Sergeyevna Galagan
Krasnodar
On 21/10/2012 the applicant was taken to the Krasnodar Region Investigative Unit of the Investigative Committee by unidentified police officers on suspicion of aggravated murder; there the officers tied his hands, pulled a bag over his head, beat him with blunt objects, repeatedly hit him in the scrotum with a stick and threatened to hurt his family members. At some point they tore the applicant’s trousers demonstrating their readiness to anally penetrate him. Fearing sexual violence, the applicant agreed to sign a confession.
Report by an IVS staff member of 22/10/2012: haematoma of the left eye, abrasions to both arms and torso).
Medical record by the staff of the Dinskiy District Central Hospital of 22/10/2012 (injury to the left side of the lumbar area; injury to the vertebrae; injury to and haematoma on the face).
Expert report by a forensic expert of 26/10/2012 (bruises on the lower eyelid of the right eye, the chest, the left shoulder, and the left ankle).
First complaint to the head of the Krasnodar police department of 22/10/2012 / Report by an IVS staff member (an entry in the logbook of reports of a crime) of 22/10/2012 / The applicant’s statement in the course of the questioning of 15/02/2013 / Refusals to open criminal proceedings on 08/06/2013, 05/12/2013, 27/11/2014 - all overruled by the investigators’ superiors; last -on 26/10/2017.
Complaint about the refusal of 26/10/2017 / Refusal upheld by the Oktyabrskiy District Court of Krasnodar on 14/01/2020/ The Krasnodar Regional Court on 17/03/2020.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill‑treatment -
32997/20
13/07/2020
Irina Aleksandrovna VEDERNIKOVA
1965
Olga Aleksandrovna Sadovskaya
Nizhniy Novgorod
On 09/12/2016 the applicant was subjected to beatings and handcuffed during administrative arrest.
Forensic medical report no. 5066 of 12/12/2016 by the Kirov Forensic Bureau (bruises to the right buttock, right thigh, right knee (one each), right (two) and left (one) shoulders, right and left forearms (one each), chest (one); abrasions to the right hand (two); soft tissue contusions on the back of the head, left and right elbow joints, left and right wrist joints).
Forensic medical report no. 59 of 19/03/2019 by the Kirov Forensic Bureau (several injuries as described in report no. 5066 of 12/12/2016 could have been inflicted both by hard blunt objects, e.g. from kicks, and from repeated falls from one’s own height. The formation of bruises on the inner surface of the shoulders, bruises of soft tissues in the radial joints is possible only as a result of an impact or of a compression with hard blunt objects, for example, kicks; the character and localisation of these injuries exclude the possibility of their formation as a result of fall (falls) from the height of one’s own height).
On 10/12/2016 to the Kirov Police Department, the complaint transferred to the Leninskiy Investigative Department of Kirov/ Refusal to open criminal case of 20/01/2017, overruled by investigator’s superiors. Criminal case opened on 22/02/2018; on 23/04/2018 and 26/11/2018 the case was closed for the lack of corpus delicti, overruled by investigator’s superiors. Latest – 05/04/2019; the investigator considered that the use of force by police officers was justified and proportionate during the administrative arrest.
On 18/10/2019 the Leninskiy District Court in Kirov upheld the termination of 05/04/2019 / on 12/12/2019 it further upheld by the Kirov Regional Court.
On 10/12/2016 the Leninskiy District Court in Kirov fined the applicant for petty hooliganism.
44455/20
01/10/2020
Maksim Aleksandrovich TIMOSHENKO
1983
Yekaterina Vanslova
Nizhniy Novgorod
On 08/08/2019, the applicant was beaten up by two agents of the Krasnodar Region Department of the Federal Security Service. The applicant was suffocated with a bag, hit in the head and chest, electrocuted in the back with a view to force him to confess to a crime.
Medical certificate of 08/08/2019 from emergency room of Public hospital in Gelendzhik (left thoracic contusion, abrasion of the left lumbar region).
Forensic medical examination no. 826/2019 of 14/08/2019 by the Krasnodar Forensic Bureau (abrasions of the left lumbar region, abrasions of the anterior surface of the right forearm, bruising of the inner surface of the left shoulder. The injuries could have been inflicted within 4-7 days before the date of examination).
First complaint to the Gelendzhik police on 08/08/2019 and 13/08/2019 / Refusal of 28/08/2019
Novorossiyskiy Garrison Military Court, 30/01/2020 / Southern Circuit Military Court, 23/04/2020, refusal upheld.
No relevant information
54165/20
08/12/2020
Alik Mikhaylovich SHARAPOV
1958
Margarita Ravilevna Khusyainova
Nizhniy Novgorod
The applicant was unlawfully arrested on 03/08/2019 in Moscow at a manifestation (see Maltyzov and Others v. Russia [Committee], nos. 18089/20 and 17 others, 10 November 2022), during which he was punched, kicked and hit unconscious with a truncheon by police officers. He was then carried to a police bus and taken to the Novogireyevo district police station. According to the Novogireyevo police records, police officers D.B. and V.D. acknowledged the use of physical force against the applicant as he had allegedly refused to go to the police bus. According to the applicant, before and during his arrest he offered no resistance.
Ambulance record of the applicant’s examination at the Novogireyevo district police station of Moscow on 03/08/2019 (bruise on the left forearm). Medical certificate of Moscow hospital no. 13 of 04/08/2019 (contusion to the left elbow). Medical certificates of 09/09/2019, 30/09/2019, 04/10/2019, 21/10/2019, 29/10/2019 (left ulnar nerve damage (neuropathy). Opinion of an expert in forensic medical examinations of 12/03/2020 (blunt trauma of the left elbow with ulnar nerve damage could have been caused at the time and in the circumstances alleged by the applicant-hit with a truncheon or kicked by police officers on 03/08/2019-classified as medium gravity health damage).
On 03/08/2019 - oral complaint about the police violence to the Novogireyevo police.
On 08/10/2019 - complaint to the Moscow Investigative Committee/On 11/10/2019 the applicant was informed that his complaint was a speculation and that its registration as a complaint of a crime had been refused.
On 06/07/2020 Moscow City Court (the applicant’s allegations of police violence did not call for an inquiry and a procedural decision; the investigating authority acted lawfully)/cassation appeal rejected on 15/07/2021 by the Second Cassation Court of Moscow.
17376/21
12/03/2021
Abdul-Malik Yusupovich ALBAGACHIYEV
1990
Andrey Vasilyevich Sabinin
Stavropol
On 04/02/2017 the applicant was arrested in Nazran allegedly in possession of an improvised explosive device; was subjected to beatings, strangled and tortured with electric shocks in order to extract confession of membership in a terrorist organisation.
Forensic medical report no. 92 of 31/05/2017 by the Nazran Forensic Bureau (a fading bruise on the outer surface of the right leg in the middle third was caused by way of impact and compression with a hard blunt object within 7-10 days prior to the initial expert examination; a healing abrasion on the inner surface of the left thigh in the lower third was caused by the sliding action of a hard blunt object, the age could not be determined; a pigment patch resulting from a healing abrasion in the left frontal area was caused by the sliding action of a blunt object within 10-15 days prior to the initial expert examination; headache, dizziness, cramps, sensory disturbances in the lower extremities, impaired thermoregulation, sudden fluctuations in blood pressure, tachycardia, vascular wall permeability, mucous membrane haemorrhages under the oesophagus, stomach, duodenum bulb, accompanied by stomach bleeding, rapid hair loss, fear, anxiety, hallucinations, involuntary urination, are manifestations of electrical trauma from 04/02/2017).
On unspecified date (prior to March 2017) to the Nazran Investigative Committee; on 07/05/2018, a criminal case was opened; between 28/06/2018 and 17/08/2020 – 11 decisions to suspend the criminal investigation for two reasons alternatively:
i) impossibility to identify the culprit; (ii) the whereabouts of the suspect or culprit is known, but no real possibility of his participation in the criminal case. Latest – 17/08/2020, overruled by the investigator’s superiors on 04/10/2020; the investigation is pending.
On 06/10/2020 the Magas District Court refused to examine the complaint against the decision of 17/08/2020 as it had been overruled by the investigator’s superiors on 04/10/2020./On 08/12/2020 the Ingushetia Supreme Court upheld the decision on appeal.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment -
35682/21
02/07/2021
Andrey Alekseyevich LIKHMAN
1987
Olga Aleksandrovna Sadovskaya
Nizhniy Novgorod
On 31/05/2019 during administrative arrest the applicant was subjected to beatings in the head by the police officers from the Timashevskiy district police department. He temporarily lost consciousness, then was handcuffed and taken to the police station.
Medical examination report no. 273 of 01/06/2019 by the Timashevskiy Municipal Hospital (skin abrasions, eyelid haematomas, extremities oedema).
Medical certificate no. 9562 of 01/06/2019 by the Timashevskiy Municipal Hospital of the Krasnodar Region (injuries of the soft tissues of the face, abrasions on the back).
Act of bodily examination w/o no. of 01/06/2019 established upon the applicant’s placement in the Timashevskiy Police Station (injuries of the soft tissues of the face, abrasions on the back and on the left knee).
On 01/06/2019 an official of the Timashevskiy Police Station filed a crime report registered under no. 6363; the report was transferred to the Timashevskiy Police Department in the Krasnodar Region/ Refusal to open a criminal file on 08/06/2019.
On 01/08/2019 the applicant filed a complaint with the Krasnodar Investigative Committee/ 5 refusals to open criminal case between 05/09/2019 and 29/11/2020, overruled by the investigator’s superiors. In each refusal, the ill-treatment allegations were considered to be unfounded.
On 30/10/2020 and 08/02/2021 the Timashevskiy District Court of the Krasnodar Region refused to examine the complaints against the decisions of 11/09/2020 and 29/11/2020 respectively as they had been overruled by the investigator’s superiors.
On 12/11/2020 the Timashevskiy District Court of the Krasnodar Region convicted the applicant of use of violence against a public official in relation to the incident of 31/05/2019.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment -
44624/21
02/09/2021
Lyudmila Yuryevna FADEYEVA
1955
Olga Aleksandrovna Sadovskaya
Nizhniy Novgorod
On 19/08/2015 the applicant was handcuffed and subjected to beatings by convoy officers in the building of the Moscow City Court.
Act of bodily examination of 19/08/2015 of SIZO no. 6 Moscow (haematomas on the left forearm 6.1 x 1.0 cm, 8.0 x 1.5 cm, haematoma on the right shoulder 15.0 x
10.0 cm).
Report no. 1337/16 of 28/12/2016 of an independent expert bureau in Moscow (the time of infliction of the injuries described in the act of 19/08/2015 could not be established due to the lack of indication of the hematomas’ colour; the injuries could have been inflicted by hard blunt object(s), e.g. by at least three kicks).
Forensic medical report no. 6783m/7885 of 04/12/2017 of the Moscow Forensic Bureau (two hematomas on the left forearm, one hematoma on the right shoulder could have been caused by blow or compression with hard blunt objects, impossible to indicate the time of infliction of the injuries without the description of the hematomas’ colour).
On unspecified date the applicant complained to the Preobrazhenskiy Department of the Investigative Committee of Moscow / 15 refusals to open a criminal file between 05/10/2015 and 03/03/2020. Latest - 25/05/2020, the investigator considered that in the absence of evidence that the convoy officers had beaten the applicant the latter’s allegations of ill-treatment were unfounded.
On 18/12/2019 the Preobrazhenskiy District Court in Moscow declared the refusal to open a criminal file of 30/18/2019 unlawful and obliged the investigator to address identified defects.
On 22/01/2021 the Preobrazhenskiy District Court in Moscow dismissed the applicant’s complaint against the refusal of 25/05/2020. On 11/03/2021 the Moscow City Court upheld the decision on appeal as the impugned decision was lawful and duly motivated.
On 29/07/2021 the Basmanniy District Court in Moscow dismissed the applicant’s complaint against the refusal of 03/03/2020 having considered that the investigator had conducted a thorough inquiry and duly motivated his decision.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.
46756/21
02/09/2021
Valeriy Sergeyevich LASHCHEV
1977
Regina Fargatovna Gayazova
Kazan
On 15/10/2019 when trying to record on video irregular behaviour of traffic police officers, the applicant was handcuffed and severely beaten by two officers from the special police unit "Grom" with a call signs "Grom 222" and "Grom 221" and then taken to the police station of the town of Aksay. His request for an ambulance was refused. The applicant was later released.
Certificate by the Central District Hospital of Aksay of 16/10/2019 (an injury to the soft tissues of both wrist joints). Discharge report from the Tbilisskaya Central Hospital of 29/10/2019 (the applicant, admitted on 21/10/2019, was diagnosed with a craniocerebral injury and a concussion).
Expert report by a forensic expert of 07/11/2019 (healed abrasions on the left forearm and a concussion).
First complaint to the Aksay district police department on 21/10/2019 / Refusals to open criminal proceedings of 21/11/2019, 28/02/2020 and 27/07/2020, all overruled by the investigators’ superiors / Latest -on 20/02/2021.
Appeal against the refusal of 28/02/2020, the Aksay District Court of the Rostov Region terminated the proceedings on 20/07/2020 as the impugned refusal has been overruled by the investigators’ superiors on 17/07/2020/upheld by the Rostov Regional Court on 07/09/2020.
Appeal against the refusal of 27/07/2020, the Aksay District Court of the Rostov Region terminated the proceedings on 20/02/2021 /upheld by the Rostov Regional Court on 12/04/2021.
Proceedings initiated under Article 19.3(1) of the CAO, later terminated for the lack of elements of an offence on 14/01/2020.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill‑treatment
48448/21
20/09/2021
Yuriy Sergeyevich LIPSKIY
1988
Svetlana Anatolyevna Toreyeva
Moscow
On 23/01/2019 four police officers of the Maryina Roshcha police station in Moscow detained the applicant at his workplace in Moscow and took him to the police station in the trunk of their car with his hands tied. At the station several police officers allegedly beat him on the head and body, handcuffed him to a radiator, put him on the floor face down, pressed his head with a foot, and applied electric shocks to his legs to make the applicant sign self-incriminating statements.
Forensic medical examination report №32-y of 23/01/2019 by the Moscow Forensic Bureau (hematoma on the forehead; multiple bloodstains on the face, forearm and back; abrasions on the forehead, chest and back - all likely caused by a hard blunt object within 2 days prior to the examination).
On 04/03/2019 applicant raised ill-treatment allegation during his trial / refusal to initiate criminal case due to the lack of corpus delicti on 25/03/2019, last - 26/04/2019 (the use of force against the applicant was justified as he had tried to abscond from the police).
On 18/11/2020 the Ostankinskiy District Court of Moscow / upheld on 24/03/2021 by Moscow City Court (the investigation into applicant’s ill-treatment was thorough and comprehensive).
The applicant was charged with a sexual assault- no information on these criminal proceedings is available.
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill‑treatment
5050/22
25/12/2021
Rada Ravilevna KARAMOVA
1970
Aleksandr Vasilyevich Popkov
Sochi
On 24/12/2019 the applicant arrived at the police station of the Central District of Sochi demanding to see the Chief Police Officer and refusing to leave the premises. The fight ensued during which two police officers allegedly forced her hands off the metal bar which she was holding on to and then took her fingerprints by twisting her arms. The fingerprinting was done in order to charge her with misdemeanour offence of breaching the public order aggravated by failing to comply with a lawful demand of a police officer.
Medical Certificate no. C-19-92063 of 26/12/2019 by Town Hospital no. 4 of Sochi (closed fracture of the right shoulder bone, the fifth bone of the right hand).
Forensic Medical Expert Certificate no. 939 of 27/01/2020 by the Krasnodar Region Forensic Bureau no. 2 (plaster cast on a right shoulder and hand, additional information (medical record book, x-rays from the Town Hospital no. 4 requested by the forensic expert from the investigator was not provided)).
Forensic Medical Expert Certificate no. 576/939-M of 23/09/2020 by the same bureau (the injuries inflicted on [the applicant] caused her partial physical incapacity for more than three weeks and are consistent with having been inflicted during the period indicated by her).
Complaint to the Sochi Investigative Committee/ Eight refusals to open a criminal case: 14/02/2020; 16/04/2020; 13/08/2020; 21/10/2020; 09/12/2020; 01/04/2021, 21/05/2021 and 02/08/2021.
On 10/03/2021 the applicant appealed against the refusal of 09/12/2020/On 30/03/2021 the Central District Court of Sochi found that the inquiry had been plagued by manifest inaction of the investigators and unreasonable delays in taking various procedural steps/ On 01/07/2021 the Krasnodar Regional Court overruled that ruling and remitted the case for a fresh examination/on 10/08/2021 the Central District Court of Sochi dismissed the complaint, stating inter alia that the refusal to open criminal case of 09/12/2020 had been overruled on 22/03/2021/on 21/10/2021 the Krasnodar Regional Court upheld that ruling.
no information provided about the judicial proceedings against the applicant in connection with the administrative charges pending against her
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill‑treatment
9351/22
16/01/2022
Omar Mutsalaliyevich MURTAZALIYEV
1994
Arsen Khidirnabiyevich Shabanov
Makhachkala
On 27/03/2017 the applicant was taken to the Counter-Extremism Centre in Makhachkala on suspicion of membership in an illegal armed group. Several officers ill-treated him to make him confess: they undressed him, pulled a bag over his head, electrocuted and beat him all over the body. The applicant confessed and was questioned on video in the presence of the officers who had ill-treated him. At 1 a.m. on 28/03/2017 he was taken to the temporary detention centre in Makhachkala.
Medical examination of 28/03/2017 at the admission to the IVS in Makhachkala (multiple abrasions on the back and the right hand).
Forensic medical examination act no. 1169 of 11/05/2017 (abrasions on the back and the right hand that could have been caused by a hard blunt object and pigmented areas on the right index finger and pinkie finger of the left hand).
On 05/03/2020 the Dagestan Human Rights Ombudsman complained about the applicant’s ill-treatment to the Dagestan Investigative Committee/ Between 20/05/2020 and 08/06/2021 seven refusals to open a criminal case.
On 22/12/2017 the applicant complained of the ill-treatment before the trial court (see the transcript of 22/12/2017, 13/02/2020 and 11/09/2020). In its judgment of 16/10/2020, the trial court examined and dismissed the allegations (see pages 10‑15, 33-34, 74-77, 81, and 88 of the judgment). The appeal and the first cassation instances upheld the trial court’s decision (see pages 23-26 of the appeal judgment).
On 16/10/2020 the Sovetskiy District Court in Makhachkala convicted the applicant and sentenced him to 10 years and 3 months of imprisonment/upheld by the Dagestan Supreme Court on appeal on 02/02/2021 and by the Fifth Cassation Court on 29/09/2021.
Art. 6 (1) - unfair criminal proceedings - The applicant insisted that his self-incriminating statements had been made as a result of the ill-treatment he sustained on 27/03/2017 and subsequent threats from the officers who ill-treated him. The applicant raised this complaint before the trial, appeal, and the first cassation instances (see Belugin v. Russia, no. 2991/06, §§ 69-83, 26 November 2019).