Communicated on 14 May 2018
THIRD SECTION
Application no. 58144/08
Sergey Valeryevich YEZHKOV against Russia
and 6 others applications
(see list appended)
STATEMENT OF FACTS
The applicants complained under Article 3 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(s);
date of birth
place of residence
Represented by
1.
58144/08
26/09/2008
Sergey Valeryevich YEZHKOV
30/10/1971
Saratov
2.
47447/09
10/08/2009
Andrey Anatolyevich LOVYGIN
07/06/1977
Lesnoy
3.
46091/10
17/06/2010
Aleksey Ivanovich FESIK
26/01/1978
Krasnoyarsk
4.
6202/12
23/11/2011
Zoltan Khadzhi-Kishiyevich BAYRAMKULOV
09/07/1967
Sosnovka
5.
59277/13
10/07/2013
Sergey Alekseyevich PUSHNIN
23/10/1967
Pokrov
6.
56860/15
30/10/2015
Rafael Nakipovich ZARIPOV
19/12/1983
Chistopol
Radik Zhaudatovich GALIMOV
7.
24719/17
14/02/2017
Viktor Viktorovich ONIPENKO
05/11/1992
Astrakhan
Viktor Ivanovich ONIPENKO
06/01/1959
Astrakhan
Aleksandr Anatolyevich ANOKHIN
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 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?
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.
58144/08
Yezhkov v. Russia
05/07/2006 at 17:30
Arrested on charges of robbery, arrest registered only on 06/07/2006
Saratov Region, town of Engels, prospekt Stroite-ley
UBOP department of the Engels Department of the Interior
During arrest, 05/07/2006,
at 17:30
Saratov region, Engels, prospekt Stroiteley
blows on the applicant’s head and body, use of handcuffs
6 police officers (UBOP KM GUVD)
13/07/2006
Expert statement
Forensic Bureau of Saratov region
Bruises on the left shoulder, right chelidon, right forearm and right wrist.
During detention, 05/07/2006 - 06/07/2006,
at 02:00
Saratov Police Department (UBOP KM GUVD)
blows on head and body, torture with electric current, walking on his back, threats
Police officers (UBOP KM GUVD)
23/10/2006
Medical Certificate
City Clinical Hospital No 1
Consequences of cerebrocranial traumas with brain contusion. Asymmetric hydrocephaly. Neuritis of the right middle nerve.
2.
47447/09
Lovygin v. Russia
26/07/2008
Arrested under suspicion of involvement in drug-trafficking
Yoshkar-Ola
Police
During the detention
FBU IZ-12/1
Beating on the applicant’s head with a plastic bottle, tying him up to a chair, pricking a red-hot needle into his eyes
3 cell-mates allegedly on orders of investigating policemen
25/08/2009
Medical File (extract)
Ophtalmological Hospital of Republic of Mariy-El
Partly illegible documents. Penetrating wound of the cornea with the fallout of the inner shells. First-degree burn of the cornea.
3.
46091/10
Fesik v. Russia
11/10/2008
Office no. 8 ORCh UR no.1 GUVD of the Krasnoyarsk region (Police Department)
Used electricity on the applicant, which caused asphyxia. Beatings on the head, stomach and face.
Police agents
17/10/2008
Expert examination No. 8757
Krasnoyarsk Regional Bureau of Forensic Medical Examination
Abrasions on face, chest, left arm, extravasation on right arm caused by a blunt object within 3-5 days from the examination. Abrasions of the spine and forehead.
4.
6202/12
Bayramkulov
v. Russia
01/11/2010
Centre for Combatting Extremism
Of Karachayevo Cherkessiya
Used electricity on the applicant
Police agents
02/11/2010
Reference to Record in Remand centre Register in Prosecutor’s Decision to quash the refusal to open criminal investigation (from 19/07/2013)
Remand centre (IVS)
Abrasions on both hands and a wound on the temple.
23/03/2011
Investigator’s office of Karachayevo Cherkessiya
Used electricity on the applicant
Police agents
20/10/2011
Refusal to open a a criminal investigation
Investigation Committee
Headache, hematoma on the left side of face, bump.
5.
59277/13
Pushnin
v. Russia
24/02/2009 20:00-06:00
25/02/2009 19:00-22:00
26/02/2009 18:00-19:00
Police station of the Sovetskiy District of Krasnoyarsk
Used electricity on the applicant (with focus on genitals). Beatings with hands and legs. Smashed the applicant’s head with a pistol, causing dissection of the frontal part of the head.
6 police agents of th Sovetskiy District ROVD of Krasnoyarsk
25/02/2009
26/02/2009
Medical expert examination N1641
Medical certificate N1067
Krasnoyarsk Regional Bureau of forensic medical examination
Krasnoyarsk Municipal Hospital
Bruises on the right arm, caused by blunt solid object approximately a day before the examination.
Contused wound of forehead.
27/08/2009
Temporary Detention Ward in the Police Station (IVS)
The applicant was subjected to suffocation, heavy pressure was put on his right eye. With hands cuffed behind his back, the applicant was suspended on his arms, feet above the floor.
IVS staff
27/08/2009
27/08/2009
27/08/2009
Medical expert examination N7655
Medical certificate N31
Medical certificate N20
Krasnoyarsk Regional Bureau of forensic medical examination
Regional Ophtalmologic Hospital
Municipal Hospital N7
Bruises and abrasions on the face, body, the right arm resulting from events which took place approximately a day before the examination.
Contusion of right eye, hematoma of eye-lids.
Fracture of the 7th rib.
6.
56860/15
Zaripov
v. Russia
07/12/2013
UMVD of Nizhnekam-skiy District of Tatarstan, Tatarstan (Police department)
Used electricity on the applicant: sensitive areas like abdominal zone, bladder, genitals. The applicant was suspended on the crossbar with his arms handcuffed behind, with his head pressed to his feet. The perpetrators were wearing masks, the applicant was forcibly put on a hat. The perpetrators forced him to confess, threatened with torturing his mother and wife.
Police agents Sa. and Ga.
08/12/2013
17/04/2014
Ambulace record No. 64
Medical expert examination
Ambulance brigade
Izhevsk Medical Academy
Pain all over the body, especially in limbs, kidneys and abdomen; vomiting, light bruises on tissues, bruise of the 11th spinous process, bruise of left kidney.
Polyneuropathy of the perineal and tibial nerves, caused by mechanical compression, situationally possible in conditions of suspension of the body symmetrically at the level of the knee joints.
7.
24719/17
Onipenko and Onipenko v. Russia
25/09/2015 around
10:00
The applicants were arrested on suspicion of murder. After the confession of the first applicant, the second applicant was released
Territory of dacha commu-nity "Stroitel"
Police Department of the Povolzhsk District of the Astrakhan Region
25/09/2015
The police Dept. of the Povolzhsk District of the Astrakhan Region
The police officers repeatedly beat two applicants with their fists on the forehead, with their feet on the bodies. They applied a stun gun to the wet head and ears. They put plastic package on the head. The first applicant confessed and the second applicant was released.
Police officers
First applicant 26/09/2015
Second applicant 28/09/2015
the forensic report no. 2682;
the forensic report no. 1549
Forensic expertise office of Astrakhan, 10 street of F. Engels
Bruises of body, upper limbs abrasion to body which appeared 1-3 days prior to 26/09/2015 because of the impact of blunt object; abrasion of the hips on the right which appeared 4-6 days ago because of the impact of blunt object. The applicant initially stated that abrasions were received at the dacha during cooking.
Bruises of the head, body, left lower limb, abrasion to neck, body, haemorrhage of the left eye
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.
58144/08
Yezhkov v. Russia
26/09/2006
Prosecutor’s office of the Saratov region
Consistently refused
05/10/2006
Refusal to open the criminal investigation was contested by the applicant on 12/05/2008. The first instance court refused the admission of his complaint on 16/05/2008, as confirmed on 29/07/2008 (appeal).
2.
47447/09
Lovygin v. Russia
19/11/2011
Yoshkar-Ola City Court/Supreme Court of Republic Mariy El
Consistently refused
11/01/2012
After several court’s decisions to refuse/to grant the applicant’s claim under Article 125 of the Criminal Procedure Code, the last Cassation Court dismissed the applicant’s claim.
First complaint under Article 125 of the Criminal Procedure Code to the Court: no reply from Investigation Committee and Public Prosecutor in respect of the crime against the applicant (torture). Apparently the applicant did not receive in time 3 existing refusals (documents received only after his complaint to the court). 10/05/12 Cassation Appeal Supreme Court of Mariy-El Republic dismissed the civil claim for non-pecuniary damages.
04/04/2010
Public Prosecutor Office of Yoshkar Ola
Consistently refused
Refusals due to the "absence of event", though the event is duly documented.
3.
46091/10
Fesik v. Russia
11/10/2008
Investigation Comittee of Krasnoyarsk
Consistently refused
27/10/2008
24/04/2009
07/12/2009
18/01/2010
Emelyanovskiy District Court of Krasnoyarsk on 30/05/10 refused to accept the applicant’s complaint under Article 125 for examination.
Zheleznodorozhnyi District Court of Krasnoyarsk on 11/02/11 refused to examine the applicant’s complaint under Article 125 for examination; on 29/03/11 Cassation Appeal Krasnoyarsk Regional Court supported the last decision.
No examination of the applicant’s complaint in substance by the court. The complaint was also raised at the applicant’s trial and on appeal (19/04/16, Krasnoyarsk Regional Court).
4.
6202/12
Bayramkulov
v. Russia
unclear
Investigation Committee of the Karachay-Cherkessk Republic
Various local courts
Investigation Committee (see above)
Various local courts
Investigation Committee
Various local courts
Consistently refused
20/10/2011
29/06/2012, 28/08/2012;
08/04/2013
23/05/2013, 09/07/2013
14/08/2014
15/09/2014, 29/12/2014
Refusal to open criminal investigation.
Complaint under Article 125 dismissed (Cherkesskiy District Court, Cassation Appeal Supreme Court of Karachay Cherkessk Republic).
Refusal to open criminal investigation.
Complaint under Article 125 dismissed (Cherkesskiy District Court, Cassation Appeal Supreme Court of K.Ch.R.).
Refusal to open criminal investigation;.
Ust-Dzhegutinskiy District Court, Cassation Appeal Supreme Court of K.Ch.R..
10/10/2011
Investigation Committee the Karachay-Cherkessk Republic
Consistently refused
20/11/2011
Refusal to open criminal investigation
No forensic examination appointed. No documents provided in respect of appeal against the refusal.
5.
59277/13
Pushnin v. Russia
24/08/2009
Tsentralny District Court (on detention prolongation) of Krasnoyarsk
Consistently refused
01/10/2009
After the preliminary investigation the investigator refused to initiate criminal investigation (on the issues raised by the applicant in the court).
31/08/2009
Public Prosecutor’s office of Krasnoyarsk
Consistently refused
25/02/2010
09/01/2013
16/08/2013
Refusals to initiate criminal investigation.
On 18/09/2009 the applicant was threatened with death by the alleged perpetrators, so he was forced to withdraw his complaint made in court.
6.
56860/15
Zaripov v. Russia
09/12/2013
Public prosecutor’s office of Nizhnekamsk District of Tarastan
Various local courts (latest decision of the Supreme Court of Russia)
Consistently refused
07/01/2014
12/08/2015
Refusal to initiate criminal investigation.
Upheld in courts
7.
24719/17
Onipenko and Onipenko v. Russia
25/09/2015 (under Article 125 of the Criminal Procedure Code from the first applicant), 11/11/2016 (under Article 125 of the Criminal Procedure Code)
The Investigation Division of the Investigation Committee of the Astrakhan Region
Consistently refused
17/10/ 2015;
17/06/2016;
12/07/2016;
11/08/2016;
01/09/2016;
21/09/2016;
03/10/2016;
18/11/2016
On 17/10/2015 - Refusal to institute criminal proceedings by an investigator. After that on 9/06/2016, 27/06/2016, 15/07/2016, 26/08/2016, 5/09/2016, 25/09/2016, 10/10/ 2016 - Refusals.
On 18/11/2016 -Refusal under Article 125 - Privolzhskiy District Court of the Astrakhan Region, upheld on 12/01/2017 Astrakhan Regional Court. The first applicant’s conviction - on 30/09/2016 the Leninskiy District Court of Astrakhan upheld on appeal on 08/12/2016
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