Communicated on 12 September 2019

THIRD SECTION

Application no. 17161/11 Eduard Mayramovich ZASSETY against Russia and 4 other 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. Some applicants also relied on Article 13 of the Convention in the latter respect.

Relying on Articles 2, 3 and 13 of the Convention, the applicant in case no. 30131/17 complained about the death of his brother as a result of the ill ‑ treatment and the lack of proper investigation in this connection. The applicant in case no. 17161/11 also complained under Article 6 of the Convention about the use of the applicant ’ s “statement of surrender and confession” ( явка с повинной ), which was allegedly obtained as a result of his ill-treatment by the police and in the absence of a lawyer, in the criminal proceedings against him. He also complained under Article 8 of the Convention about the applicant ’ s placement in remote penal facilities.

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 of the Convention in contained in A ppendix no. 1. The reaction of the domestic authorities to the applicants ’ complaints is reflected in Appendix no. 2.

The applicants also raised other complaints, subject of well-established case-law of the Court (see Appendix no. 3).

The table of cases:

No.

Application number

Introduction date

Name of the applicant(s) ; date of birth

place of residence

Represented by

1.

17161/11

31/01/2011

Eduard Mayramovich ZASSETY

15/07/1981

Vladikavkaz

2.

18274/16

24/03/2016

Aleksandr Yuryevich KANDAKHAROV

7/08/1975

Kochkurovo, Mordoviya

3.

30055/17

05/04/2017

Leonid Georgeyvich MURSKIY

11/05/1992

Nizhniy Novgorod

Committee against torture

4.

30131/17

17/04/2017

Sergey Anatolyevich DROZDOV

14/05/1968

Kazan

Andrey Vladimirovich SUCHKOV

5.

83666/17

21/11/2017

Yevgeniy Vladimirovich KARABULIN

24/12/1980

St Petersburg

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?

4. As regards case no. 30131/17, ha ving regard to the injuries found on the applicant ’ s brother after the time spent in State custody, has he been subjected to torture, or inhuman or degrading treatment, in breach of Articles 2 and 3 of the Convention? Did the authorities carry out an effective investigation, in compliance with the procedural obligation under these Convention provisions?

5. As regards case no. 17161/11, having regard to the use of the applicant ’ s “statement of surrender and confession” ( явка с повинной ), which was allegedly obtained as a result of his ill-treatment by the police and in the absence of a lawyer, did the applicant have a fair hearing, in accordance with Article 6 §§ 1 and 3 (c) of the Convention (see Turbylev v. Russia , no. 4722/09, 6 October 2015)? The reference is being made to the judgment of 23 June 2010 of the Pacific Ocean Fleet Military Court of Vladivostok.

6. As regards case no. 17161/11, has there been a violation of the applicants ’ right to respect for family life on account of the Russian authorities ’ decisions regarding the applicant ’ s placement in remote penal facilities (see Polyakova and Others v. Russia , nos. 35090/09 and 3 others, 7 March 2017)?

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.

17161/11

Zassety v. Russia

14.03.2009 / 07:30 a.m.

Primorskiy Region/ Vladivostok / Okeanskiy prospekt, bldg 107, apt 52 (the applicant ’ s temporary residence address)

Internal Affairs Directorate of Vladivostok (Vladivostok, Voyennoye Shosse str., 24), office no. 504 (the applicant was held on the 5th floor)

14.03.2009 /

noon till 07:05 p.m.

Internal Affairs Directorate of Vladivostok (Vladivostok, Voyennoye Shosse str., 24), office no. 504 (the applicant was held on the 5th floor)

apprehended at 07:05 a.m. with use of force (no further details by the applicant) at home, the apartment was searched, at about noon forcedly handcuffed with his hands behind the back and brought to the Directorate, was kicked with hands and feet in the groin, kidney, stomach, legs, arms and shoulder, subjected for more than 2h to “lastochka” (“swallow”) treatment (having placed him on his abdomen with widely spread legs, the policemen pulled his handcuffed hands and legs towards the spine and pushed down his head), beaten with a thick book against his head and back of his head, in the result the tendons tore in his right underarm and the shoulder joint started to click

6-10 policemen of Vladivostok including those from the criminal investigation department – Mr A.A. Ditsel and Mr S.V. Prishelets and the special police unit officers in masks - Ilya and Kazbek (the latter was examined in court as "Vasilyev Vasiliy Vasilyevich")

(i) 14.03.2009

(ii) 17.07.2009

(iii)-(iv) 16.03.2009

(v) 29.01.2014, 18.02.2014

(i) emergency ambulance call certif. no. 137

(ii) certificate

(iii) Act of medical examination for establishment of bodily injury

(iv) type of document is unclear

(v) written testimony of Mr. Gasymov A.D

(i) emergency medical ambulance of Vladivostok

(ii) Vladivostok Town Clinical Hospital no. 2

(iii) Primorskiy Region Bureau of Forensic Medical Expert Examination

(iv) med. staff of IZ-1 Vladivostok

(v) inmate, shared a cell with the app in IZ-1 Vlaidvostok

(i) "At about 07:00 in the course of apprehension, was beaten by the policemen, after that had the above complaints. Diagnosis: traumatic brain injury, brain concussion? Closed fracture of the upper third of the right shoulder, injury of the right hip."

(ii) the applicant was in the hospital ER on 15.03.2009, examined by a traumatologist: "... injuries, subdermal hematomas of both hips and right shoulder ..."

(iii) (not provided to the app, allegedly absent from the case file, not submitted to the Court)

(iv) injury, subdermal hematomas of the right shoulder and both hips (not clear whether this was documented and if so, provided to the app)

(v) multiple bruises, hematomas, abrasions, bruises and hematomas on both legs from knees till hips, bruises on the right shoulder-blade, the right arm did not function, scars in the underarms, frequent headaches, could not eat for a long time, walked with difficulty, the applicant told him that he had been subjected by the policemen to "lastochka" treatment in order to force confession

2.

18274/16

Kandakharov v. Russia

03-04.02.2014 / from 7:20 p.m. till 5 p.m.

Republic of Mordovia, Kochkurovo District / Kochkurovo village, 1 Inter-nationalnaya str. (home address)

police station no. 13 in Kochkurovo village

03-04.02.2014

from 7:20 p.m. till morning

police station no. 13 in Kochkurovo village

The applicant was apprehended near his house and handcuffed with hands behind his back, brought to police station no. 13, tortured to confession, brought for medical examination (for establishment of alcohol consumption and intoxication), brought back to police station no. 13 and handcuffed by the right hand to heating system till morning, released.

The applicant ’ s hands handcuffed behind his back as of apprehension, forced to sit on the floor of the police station with a policeman sitting on his back and pulling his handcuffed hands up, his legs were tied to his neck with a cord, after the cord broke it was replaced with a policeman ’ s belt; after about an hour of such torture the applicant was offered to sigh the confessionary and other documents, the app refused to sign and the torture was resumed; altogether the torture was resumed three times after which the applicant signed the documents, psychological pressure

head officer of the Bureau of Criminal Investigation of the Ministry of Internal Affairs of the Republic of Mordovia Major of Police Mr. Korneyev (psychological pressure), special investigative agent and police captain Mr Lazarev, special investigative agent Mr Lashin

04.02.2014 / at 00:45 a.m.

Record no. ЭАО-173 of medical examination for establishment of alcohol consumption and intoxication

State Budgetary Healthcare Institution of the Republic of Mordovia Narcological Dispensary

clear skin without visual injuries, sober, no signs of alcohol or drug consumption (Ms Shcherbakova, who had conducted the examination, confirmed in court absence of visual injuries on the applicant ’ s body)

14.02.2014

Forensic medical expert examination no. 207 (ОЖЛ)

State Budgetary Healthcare Institution of the Republic of Mordovia Republican Forensic Medical Bureau Saransk Interdistrict Forensic Medical Department

"... Objectively: abrasion of 6x4 cm in lumbar region with skin crust partially fallen off, similar abrasions on the dorslim of the lower third of the left forearm 2x0.6 cm, on the palmar surface of the lower third of the left forearm of 2x1.5 cm, on the palmar surface of the lower third of the right forearm of 1.8x1.4 cm. Conclusions: ... 1. ... abrasions on the forearms, lumbar region, without harm to health. 2. Inflicted by blunt solid object(s). 3. Time of infliction may coincide with the time indicated in the circumstances of the incident, i.e. 03.02.2014."

?

Additional expert examination no. 127 (D) to Forensic medical expert examination no. 207 (ОЖЛ) (not submitted, referred to in the sentence)

?

the diagnosis of brain infarction in the left middle cerebral artery territory, made on 30.03.2014, is a somatic pathology, has no causal link with the incident and is not subject to forensic medical assessment

11.02.2015

Forensic psychiatric expert examination no. 1

State Budgetary Healthcare Institution of the Republic of Mordovia Psychiatric Facility of the Republic of Mordovia

"... on 03.02.2014 was beaten with subsequent speech disorder, brain MRI with contrast enhancement of 30.03.2014 showed signs of cortical mitral valve insufficiency of ischemic type in the left hemisphere, acute phase; CT scan of the brain of 03.04.2014; signs of contusion of the 1st degree, subacute phase - from 03.04.2014 till 15.04.2014 was examined and treated in the neurology department of the Clinical Hospital of the Republic of Mordovia. On 04.04.2014 a consilium was held, diagnosed on 30.03.2014 with "brain infarction in the left middle cerebral artery", mild case of motor aphasia. Underwent complex treatment, in the course of which the speech disorder regressed... did not suffer from mental illness at the time of the criminal activity, suspected of, and does not suffer from mental illness at present ..."

3.

30055/17

Murskiy

v. Russia

17.03.2015 / 10 p.m.

Nizhniy Novgorod Region / Nizhniy Novgorod, 82 Genkina str. (home address)

police station no. 7 in Nizhniy Novgorod

17-18.03.2015 / 10 p.m. till 2-3 a.m.

police station no. 7 in Nizhniy Novgorod

hands handcuffed behind his back, beaten in the face with a hand or a fist, forced to sit on the floor, threatened that would be taken out of the police station and violated and imprisoned for 10 years, raised by handcuffs from the floor, beaten with a knee in the stomach, kicked about 5 times with hands and legs to various parts of the body, grabbed by hair

police officers Mr Khrulev Alexey and Mr Sergey Sergeyevich Lebedev, and the head of one of the Bor police stations Mr Atamanov Nikolay

18.03.2015 11.30 p.m.

Medical certificate no. 634

State Budgetary Healthcare Institution Municipal Polyclinic no. 21 of the Nizhniy Novgorod Region

bruise and abrasion on the forehead, suspicion of fracture of the bodies of the 6-7th cervical vertebrae without displacement

21.03.2015

In-patient State Budgetary Healthcare Institution no. 39

20.03.2015

In-patient State Budgetary Healthcare Institution no. 39

threatened (on account of his ill-treatment complaint) that drugs would be planted to his relatives, the perpetrators said that would destroy his case materials if he cooperated

police officer Mr Khrulev Alexey and the head of one of the Bor police stations Mr Atamanov Nikolay

19.03.2015 2.40 p.m. - 3.05 p.m.

Forensic medical examination act no. 324-PL

State Budgetary Healthcare Institution Forensic Medical Bureau of the Nizhniy Novgorod Region

"... bruising of occipital region, frontal area on the right, frontal parietal region on the left, right wrist area, left frontal abrasion, which are of a blunt trauma nature, mechanism of infliction of the abrasion - blow, friction, and of bruises - blow, pressure, and considering their morphologic traits could be inflicted 1-3 full days before the examination."

19.03.2015 / in-treated from 4.10 p.m. of 19.03.2015 till 4 p.m. of 21.03.2015

medical history record

In-patient State Budgetary Healthcare Institution Hospital no. 39 of the Kanavinskiy District of Nizhniy Novgorod

"Closed craniocerebral injury. Brain concussion. Bruises and abrasions of the face. Soft tissue injury in the occipital region. Injury-twist of muscular-ligamentous apparatus of the cervical spine. Chest injury." "... repeated transient loss of consciousness. ... headaches, nausea, pain in the area of the cervical spine when turning and bending the head. Did not apply for medical care immediately. These complaints persisted ... Multiple small bruises and abrasions of the face, frontal area. Subcutaneous hematoma of the occipital region 3x3 cm, tenderness on palpation. Turns and tilts of the head cause pronounced pain in the cervical spine."

22.07.2015

Forensic medical expert examination no. 2765-D

State Budgetary Healthcare Institution Forensic Medical Bureau of the Nizhniy Novgorod Region

"Closed craniocerebral injury: brain concussion, bruises and abrasions of the face, of the frontal area, hematoma of the occipital region. ... This injury ... caused light harm to health. ... The possibility of infliction of the injuries ... at the time and the circumstances indicated by [the applicant] .... is not excluded."

4.

30131/17

Drozdov

v. Russia

01.02.2012 / 6.30 p.m.

Republic of Tatarstan, Kirovskiy District of Kazan, 28 Ilyich street - police station no. 4 "Yudino"

police station no. 4 "Yudino"

01.02.2012 / 10.15 - 10.45 p.m.

police station no. 4 "Yudino"

at 10.15 p.m. the policemen entered the cell to allegedly stop the app ’ s aggressive behaviour, forced the app to the floor and kicked him with their hands and feet, Petikin S.V. kicked the lying applicant in his right side with a foot, they handcuffed the applicant ’ s hands behind his back and tied his legs with a belt and fixed his handcuffed hands together with his tied legs, left on the floor as described, stopped moving, at 10.36 p.m. the policemen called the emergency medical service team, at 10.45 p.m. the emergency team attested the applicant ’ s death

police officers Petikin S.V., Bolgarov E.G., Markunin A.Yu., Petikin A.V., Bachurov O.M.

(a) 01.02.2012

(b) 02.02.2012 / 08.30 - 10.30 a.m.

(a) Report on establishment of the elements of an offence

(b) Forensic expert examination no. 302

(a) major crimes investigator of the Zarechenskiy interdistrict investigative division of the Investigative Department of the Investigative Committee of the Republic of Tatarstan;

(b) State Autonomous Public Healthcare Institution "Republican Bureau of Forensic Examinations of the Ministry of Health of the Republic of Tatarstan"

(a) the applicant ’ s death attested by the emergency med. service team at about 10.15 p.m., was unconscious, ruckled, injuries on both wrists with transition to the back side in the form of regions of impressions in stripe-like form, circular, deep red colour of 1 cm in width;

(b) "... Conclusion: ... 1. Death from the pancreas disease - total hemorrhagic pancreatic necrosis, complicated by the development of the shock process, cerebral edema, pulmonary edema ... 2. The following injuries were found in the course of the forensic medical examination of the dead body: Bruises: on the back of the right hand (4), on the back of the proximal phalanx of the 3rd finger of the right hand, in the projection of the interphalangeal joint of the proximal and middle phalanges of the back of the 4th finger of the right hand, on the posterior surface in the projection of the left elbow joint, on the anterior surface in the projection of the right wrist joint with transition to the external and internal surface with abrasion along the bottom margin of internal end, on the posterior surface of the lower third of the left forearm with transition to its external and internal surface. Abrasion on the posterior surface of the lower third of the left shoulder. These bodily injuries are intra-vitam, in the ordinary course with living persons would not be harmful to health ..., no causal link with the death, were inflicted by a blunt hard object(s), mechanism - strike, pressure, friction; remoteness of infliction within 1 day before death ..."

The applicant was apprehended in a café in Yudino village (grave alcohol intoxication, uttered obscenities, damaged the property of the café, molested a female customer), brought to police station no. 4, protocol on administrative arrest, tortured, died (attested by the emergency medical service team)

5.

83666/17

Karabulin

v. Russia

08.08.2016 / lunch break

convoy cell of the Vologda Town Court

escorted together with other defendants from the courtroom to the court ’ s convoy cell, hit by an officer of the special purpose police unit ( rus. ОМОН) with a head in the forehead and with a hand in the chest, handcuffed with hands behind his back, placed on the stomach with handcuffed hands being pulled up (in the direction of the back of his head) and simultaneously being hit on the spine, was examined by the ambulance (checked his pulse, pressure and gave him medicine)

officer of the special police unit Smirnov I.V.

(a) 08.08.2016 (not submitted but referred to in the decisions refusing to institute criminal proceedings) (b) 08.08.2016

(c) 09.08.2016 (not submitted but referred to in the decisions on refusal to institute criminal proceedings) (d) unknown (not submitted but referred to in the decisions on refusal to institute criminal proceedings)

(a) not clear

(b) Act of medical examination for establishment of bodily injury

(c) record of med. consultation no. 98

(d) expert opinion no. 45/17 MK

(a) Ambulance (called for by the police)

(b) medical unit no. 8 of the Federal Government Health Institution medical-sanitary unit-35

(c) Budgetary Healthcare Institution of the Vologda Region Bureau of Forensic Medical Expert Examination

(d) unclear

(a) complaints only about blood pressure, no bodily injury on the head, face, hands

(b) a scratch of about 1,5 cm on the nose bridge, abrasions of red colour of about 20 cm in the spinal column region, lumbar region and left shoulder blade, abrasions of about 0.7-1,0 cm on the writs joints of the upper limbs (c) a scratch on the face, abrasion on the back, abrasions on the hands; altogether did not cause harm to health

(d) the scratch on the nose bridge, abrasions on the back and wrists could be inflicted as indicated in the report of 08.08.2016; the scratch on the nose bridge could not have been inflicted in the circumstances indicated by the app; he failed to clearly indicate where on his body he had been hit which makes it impossible to comment on whether the abrasions on his back could have been caused as he described; infliction of the abrasions on the wrists in the circumstances indicated by the app is not excluded

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.

17161/11

Zassety v. Russia

(i) 07.07.2009 (ii) 16 or 17.03.2009 (iii) 05.08.2009 (iv) 02.2011 (v) 06.2011 (vi) 07.2011 (vii) autumn of 2012

(i) military invest. department of Investigative Committee of RF Prosecutor ’ s Office of Pacific Fleet (ii) IZ-1 Vladivostok (iii) investigator Mr Moiseyev (main proceed.) (iv)-(vi) Investigative Division of RF Investigative Department for Primorskiy Region (vii) RF Prosecutor General ’ s Office

(i) no clear complaint about ill-treatment during apprehension (mentioned that had been apprehended with use of force but provided no particulars); apprehended with force on account of resistance; (ii) the ambulance doctor Mr Nagayev and the hospital doctor Mr Privalov, who examined the applicant on 14 and 15.03.2009 respectively, testified in court that the applicant had made no complaints about ill-treatment and had explained his injuries and hematomas by apprehension with use of force at home, the applicant did not challenge these doctors ’ statements; also the legal aid counsel Mr S. testified in court that the app had not mentioned to him any ill-treatment except for that during apprehension (Mr S. and the applicant had a private meeting before interrogation); the applicant ’ s inmate Mr. S.R. Biktashev states in his explanation note of 29.01.2014 that during their detention in IZ-1 the applicant explained his poor condition and bruises by the use of force during apprehension.

(i) the applicant ’ s motion granted on 08.07.2009/ /report of 17.07.2009 on establishment of elements of crime / refused on 02.08.2009 / quashed on ... / refused on 31.05.2012/ refused on 10.07.2012 (ii) the applicant complained about ill-treatment to the IZ-1 administration (iii) the applicant ’ s motion for verification of the info about his ill-treatment on 14.03.2009 and emergency ambulance call and for institution of criminal proceedings against Vladivostok UVD was refused on 05.08.2009 (iv) a letter of 27.03.2011 on joining of the complaint about ill-treatment of 14.03.2009 with the proceedings of 2009 (v)-(vii) letters of 19.07.2011, 16.09.2011, 26.11.2012 respectively, referring to the above refusal in institution of criminal proceedings

(i) Art.125 proceedings against refusal of 02.08.2009 discontinued on 18.05.2012 on account of its revocation. Later, Art. 125 proceedings against refusals of 31.05.2012 and 10.07.2012 discontinued on 24.12.2013, the applicant ’ s appeal was returned by the court for elimination of its defects. Raised the ill-treatment complaint in the main proceedings of 23.06.2010/02.11.2010. Also, allegedly raised in the custody proceedings of 16.03.2009.

2.

18274/16

Kandakharov v. Russia

04.02.2014

Prosecutor ’ s office of the Kochkurovo District, Republic of Mordovia

Consistently refused

refused on 13.10.2014

no criminal investigation, no Art. 125 complaint. But raised the ill-treatment issue in the main criminal proceedings (thoroughly examined and dismissed by the courts). Convicted on 23.07.2015 by the Kochkurovo District Court of the Republic of Mordovia, partially upheld on appeal by the Supreme Court of the Republic of Mordovia on 25.09.2015.

3.

30055/17

Murskiy

v. Russia

19.03.2015

Investigative Committee of the Nizhniy Novgorod Region

refused on 18.04.2015 / quashed on 14.05.2015 / refused on 23.05.2015 / quashed on 23.06.2015 / refused on 22.07.2015 /refused on 10.03.2016 / quashed on 23.03.2016 / refused on 22.04.2016

Art.125 complaint dismissed on 05.08.2016 by Kanavinskiy District Court of Nizhniy Novgorod; dismissal upheld by Nizhniy Novgorod Regional Court on 05.10.2016. On 31.10.2016 the app was convicted and is serving his sentence.

4.

30131/17

Drozdov

v. Russia

01.02.2012

Report of the major crimes investigator of the Zarechenskiy interdistrict investigative division of the Investigative Department of the Investigative Committee of the Republic of Tatarstan addressed to the head of the same division

Refused, then granted

refused on 01.03.2012 / quashed on 21.06.2012 / refused on 02.08.2012 / quashed on 03.08.2012 / refused on 15.08.2012 / quashed on 24.08.2012 / refused on 05.09.2012 / approved on 05.09.2012 / quashed on 24.10.2012 / opened criminal proceedings on 29.10.2012 / terminated on 29.08.2013 / termination revoked on 12.09.2013 / termination on 19.05.2014 / termination revoked on 10.02.2015 / termination on 10.05.2016

Art. 125 complaint against termination on 19.05.2014 granted on 05.10.2014 by the Supreme Court of the Republic of Tatarstan (revoked the first-instance judgment of the Kirovskiy District Court of Kazan on 15.10.2014). Art. 125 complaint against termination on 10.05.2016 granted by the Kirovskiy District Court of Kazan on 03.03.2017 (appealed against by the defendant on 13.03.2017).

5.

83666/17

Karabulin

v. Russia

(a) 08.08.2016 (b) 09.08.2016

(a) local prosecutor supervising penitentiary system facilities (b) Vologda Investigative Department of the Vologda Region Investigative Committee of Russia

Consistently refused

(a) on 09.08.2016 the report on the use of physical force by the officers of the Vologda Region special purpose police unit was sent to the Head of the Vologda Investigative Department (b) refused on 26.08.2016 / quashed on 10.10.2016 / refused on 11.11.2016 / quashed on 16.12.2016 / refused on 16.02.2017 / quashed on 17.05.2017 / refused on 21.09.2017

Art. 125 complaints against refusals to institute crim. proc. of 26.08.2016 (discontinued by the Vologda Town Court on 10.10.2016) and 11.11.2016 (discontinued by the Town Court on 28.12.2016) and 16.02.2017 (refused acceptance by the Town Court on 02.06.2017)

No.

Application No. and Title

APPENDIX No. 3 Other complaints under the well-established case-law

1.

17161/11 Zassety v. Russia

Art. 5 – 1 – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis -

The applicant was apprehended on 14.03.2009 at 07.30 a.m. (apprehended at home, search of the apartment), but the arrest record was made only at 7.05 p.m.