Lexploria

Communicated on 3 June 2019

THIRD SECTION

Application no. 19498/11 Zubayr Adlanovich IDRISOV against Russia and 12 other applications (see list appended)

STATEMENT OF FACTS

The applicants are Russian nationals serving their sentences in various regions of Russia. The facts of the cases, as submitted by the applicants, may be summarised as follows.

A. The circumstances of the cases

Between 2009 and 2018 the applicants living in different North Caucasus regions were prosecuted and convicted within different criminal proceedings of participation in illegal armed groups, preparation of attempts on the life of police officers, illicit storage and manufacturing of firearms and explosives, abetting terrorist acts.

The applicants allege that during and/or after their arrests by different law-enforcement officers they were subjected to inhuman and degrading treatment and torture by the use of electric shocks, beatings, burnings, and threats with sexual violence. The arrest records were drawn up hours or days after the factual arrests had taken place.

As a consequence of the alleged ill-treatment, the applicants were forced to sign self-incriminating statements given during questionings as suspects or accused in the presence of state appointed lawyers. During the investigation or trial, the applicants retracted their self-incriminating statements as given under duress.

The applicants ’ complaints about the ill-treatment at the hands of the state officers were rejected on various grounds, inter alia , that their injuries were caused to them in the course of their arrests and in response to their resistance, or the facts of the ill-treatment were not confirmed during the inquiry and their allegations were ill-founded.

The applicants ’ personal details as well as other relevant information about the circumstances of their respective detentions and their attempts to complain about ill-treatment at domestic level are summarised in the Appendix.

B. Relevant domestic law and practice

For the relevant provisions of domestic law, see Lyapin v. Russia (no. 46956/09, §§ 96-102, 24 July 2014) and Ryabtsev v. Russia (no. 13642/06, §§ 48-52, 14 November 2013).

COMPLAINTS

The applicants complain under Article 3 of the Convention that they were ill-treated by the law-enforcement officers and the inquiries into their allegations of ill-treatment were ineffective.

Under Article 6 § 1 of the Convention Mr Idrisov (no. 19498/11), Mr Khavash Magomadov and Bislan Magomadov (no. 2309/13), Mr Magomedov (no. 8414/13), Mr Edilbiyev (no. 62835/13), Mr Ektumayev (no. 65036/14), Mr Magomedov (no. 58738/15), Mr Askhabaliyev (no. 17709/18) and Mr Shakhruyev (no. 42330/18) that the criminal proceedings against them were unfair as the conviction was based on their confession statements obtained under duress .

In addition, four applicants complain under Article 5 § 1 of the Convention about their unrecorded detention :

between 1.00 p.m. 3 September 2009 and 7.00 a.m. 4 September 2009 ( Mr Idrisov , no. 19498/11);

between 19 and 25 September 2010 ( Mr Khavash Magomadov and Mr Bislan Magomadov , no. 2309/13);

between 11.00 a.m. 5 July 2011 and 7.25 a.m. 8 July 2011 ( Mr Edilbiyev , no. 62835/13).

Under Article 13 of the Convention Mr Idrisov (no. 19498/11), Mr Khavash Magomadov and Bislan Magomadov (no. 2309/13), Mr Akavov (no. 1504/13), Mr Ashabokov and Mr Tanov (no. 73154/13) complain that they had no effective domestic remedies in respect of their complaints under Article 3 of the Convention .

COMMON QUESTIONS

1. Having regard to the injuries found on the applicants shortly after the arrest by state officers, have the applicants been subjected to torture, or inhuman or degrading treatment, in breach of Articles 3 and 13 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 Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000 ‑ VII, and Bouyid v. Belgium [GC], no. 23380/09, §§ 83 et seq., ECHR 2015)? In particular, was the recourse to physical force made strictly necessary by the applicants ’ own conduct (see Rizvanov v. Azerbaijan , no. 31805/06 , § 49, 17 April 2012)?

3. Did the authorities carry out an effective investigation, in compliance with the procedural obligation under A rticle 3 of the Convention (see Lyapin v. Russia , no. 46956/09, §§ 125-40, 24 July 2014; Samesov v. Russia , no. 57269/14 , § 54, 20 November 2018)?

CASE SPECIFIC QUESTIONS

1. Applications nos. 19498/11, 2309/13, 62835/13

As regards each instance of the alleged detention, were the applicants deprived of their liberty, within the meaning of Article 5 § 1 of the Convention? If such detentions took place, were they compatible with the guarantees of Article 5 §§ 1 – 5 of the Convention?

2. Applications nos. 19498/11, 2309/13, 8414/13, 62835/13, 65036/14, 66406/14, 58738/15, 17709/18

In the determination of criminal charges against the applicants, did they have a fair trial as required by Article 6 § 1 of the Convention, having regard to the fact that the applicants ’ confession statements allegedly obtained under duress served as the ground for their conviction?

3. Applications nos. 19498/11, 1504/13, 2309/13, 62835/13

Have the applicants had at their disposal effective domestic remedies in respect of their complaints under Articles 3, as required by Article 13 of the Convention?

APPENDIX

No.

Applicant name

Date of birth

Application no.

Lodged on

Place of residence

Represented by

Region

Details about arrest, location of the police station Arrest record (if available)

Medical evidence: date of examination, document type (date of the document)

Applicants ’ complaints about ill treatment to the domestic authorities (first complaint, latest refusal to open a criminal case and reasons for refusal, the latest domestic courts ’ decision under Art. 125 CCP and reasoning)

Applicants ’ trial and appeal courts ’ judgments and the results of the examination of their allegations of ill ‑ treatment, if any

Zubayr Adlanovich IDRISOV

13/09/1991

19498/11

05/03/2011

Chechnya

Anton Igorevich RYZHOV

Chechnya, Shalinskiy district

De facto arrest on 03/09/2009 at around 1.00 p.m. in the Shalinskiy OVD. Taken to the premises of battalion “ Yug ”

Arrest record drawn up on 04/09/2009 (around 7 a.m.)

04/09/2009

Confessed during interview as a suspect in the presence of a lawyer

05/09/2009 / 09/12/2009

Reiterated his confession during interview as an accused

Photos of the applicant ’ s injuries

Extract from the ambulance journal

of 08/09/2009

(a brain injury, hematomas on the head)

Forensic medical examination act no. 1408 of 14/12/2009

(no injuries)

Medical examination act no. 695-Д of 10/02/2011

(on 05/09/2009 when the applicant was admitted to IVS, he had hematomas on the face, bruise on the right foot caused by use of a hard blunt object, the timeframe not possible to determine; no objective data to confirm the brain injury)

28/04/2010

First complaint in trial

21/02/2011

Latest (6 th ) refusal to open a criminal case

( unfounded allegations of ill-treatment aimed to evade criminal responsibility )

Supreme Court of Chechnya

Convicted on 08/06/2010

(the applicant was arrested on the day as indicated in arrest record;

confession statements given in the presence of a lawyer;

the applicant ’ s allegations of ill ‑ treatment have been examined and dismissed by the refusal to open a criminal case)

15/09/2010

Supreme Court of Russia

Aslanbek Valeryevich ADAYEV

30/03/1983

49750/11

18/07/2011

Kabardino -Balkar Republic

Arrested on 18/09/2010 at 5.00 a.m. by police officers ( МВД КБÐ ), taken to the anti ‑ extremism centre ( Центр "Э" ), then to FSB

No information about arrest record

Certificate no. 36 drawn up by an ambulance on 19/08/2010

(multiple bruises on the chest and legs, closed craniocerebral injury)

Extract from the medical record issued by a hospital on 25/11/2010

( hospitalisation between 22/10 and 25/11/2010, diagnosed with a closed craniocerebral injury)

First complaint of 07/10/2010

13/01/2011

First refusal to open a criminal case

(lack of corpus delicti )

14/03/2013

Latest (at least 4 th ) refusal to open a criminal case (quashed on 18/06/2013)

Urvanskiy district court

Convicted on 18/01/2011

(ill-founded allegation of ill-treatment)

18/03/2011

Supreme Court of Kabardino -Balkar Republic

Ibragim Magomedovich AKAVOV

10/02/1986

1504/13

12/12/2012

Pyatigorsk

Gennadiy Vladimirovich AKSENOV

Pyatigorsk, Stavropolskiy Region

Arrest on 09/04/2012 at around 9.00 p.m.

in his sister ’ s house in Pyatigorsk by FSB officers, taken to Mineralnyye Vody and then to FSB premises in Pyatigorsk

Arrest record drawn up on 10/04/2012

( at 4.00 p.m.)

Photos of the applicant ’ s injuries

Forensic medical examination act no. 729 of 25/04/2012

(thermal burn on the right buttock resulted from the use of hot objects, bruise on the left shoulder, hemorrhage in the fifth finger of the right hand resulted from the use of hard blunt objects; injuries were caused within 9-16 days before the examination)

First complaint of 16/04/2012

29/06/2012

Refusal to open a criminal case

(no physical force was used; injuries described in the decision but not explained; names of officers who had conducted arrest were not disclosed)

23/10/2012 investigator quashed the refusal

23/10/2012

Pyatigorsk garrison military court dismissed the complaint in view of the reversal of the refusal

02/11/2012

Appeal to the North-Caucasian military district court

No information about further developments of the proceedings

Stavropol Regional Court

Convicted on 07/03/2013

24/06/2013

Supreme Court of Russia

Khavash Sultanovich MAGOMADOV (App. 1)

26/01/1982

N. Novgorod

Bislan Shakhidovich MAGOMADOV (App. 2)

26/01/1982

Moscow

2309/13

25/12/2012

Olga Aleksandrovna SADOVSKAYA

Chechnya, Grozny

Arrested on 19/09/2010 (in the evening) near market in Grozny by officers of police department no. 4 and allegedly taken to an abandoned house in Katayama in the vicinity of Grozny.

App 1 allegedly was shot in the left leg

Placed in IVS on 24/09/2010

Arrest records drawn up on 25/09/2010 (between 2.00 and 3.00 a.m.)

25/09/2010

( between 5.00 a.m. and 7.00 p.m.)

Confessed during interviews as suspects in the presence of lawyers M. and K.

(App 1) Forensic medical examination act no. 1139 of 13/10/2010

(bullet wound on the left hip, no information as to the timeframe)

Medical examination act no. 1245 of 09/11/2010

(burn wounds on the feet, left leg, bruises on the legs, causes and timeframe impossible to determine)

(App 2) Forensic medical examination act no. 1132of 13/10/2010

(burn wounds on both legs caused by boiled water, little toe on the right foot amputated, deformation of a big finger of the left hand)

08/11/2010

First refusal to open a criminal case

03/12/2012

Latest (14 th ) refusal to open a criminal case

(no physical force was used)

17/09/2012

Staropromyslovskiy district court

( allegations of ill-treatment have been examined and dismissed in trial proceedings )

Supreme Court of Chechnya

Convicted on 21/03/2012

10/07/2012

Supreme Court of Russia

(as to the confession allegedly obtained under duress, the allegations of ill ‑ treatment were unsubstantiated)

Held in IVS between 20/12 and 28/12/2010

(App 1) Forensic medical examination act no. 1462 on 29/12/2010

(bruises on the left feet and hand resulted from the use of current-carrying wire, scars on the lower limbs, no medical documents were provided for a detailed conclusion)

(App 2) Forensic medical examination act no. 1451 of 29/12/2010

(multiple bruises and abrasions on the chest, belly and both forearms possibly resulted from cutting object, scar on the right hand possibly resulted from the use of current-carrying wire, no medical documents were provided for a detailed conclusion )

Arslan Askhabaliyevich MAGOMEDOV

20/06/1986

8414/13

23/01/2013

Magadan

Dokka Saydaminovich ITSLAYEV

Dagestan, Makhachkala

Arrested on 15/08/2010 by the police officers ( МОРО ГУ МВД России по СКФО ), taken to an abandoned house, then taken to the Center for Terrorism Counteraction

Arrest record drawn up on 18/08/2010

( at 00.10 a.m.)

18/08/2010

Confessed during interview as a suspect in the presence of State appointed lawyer Z.

25/08/2010

Reiterated his statements during the interview as an accused in the presence of a lawyer

16/02/2011

Retracted his statements during the interview as an accused in the presence of lawyer U. of his choosing

Photos of the applicant ’ s injuries

Forensic medical examination act no. 408 of 17/02/2011

(scar on the left hand resulted from the use of handcuffs)

First complaint of 16/02/2011

14/03/2011

Refusal to open a criminal case

(the complaint was transferred to North Caucasus Federal District investigation unit, the inquiry not completed to date)

Supreme Court of Dagestan

Convicted on 30/05/2012

20/08/2012

Supreme Court of Russia

(injuries have been caused during the arrest, confession statements given in the presence of a lawyer)

Mansur Mustafayevich EDILBIYEV

18/05/1986

62835/13

27/09/2013

Verkhniy Chov

Daria Vladimirovna TRENINA

Moscow

Arrested on 05/07/2011 around 11.00 a.m. by FSB officers, taken to an undisclosed location

Arrest record drawn up on 08/07/2011

( at 7.25 a.m.)

08/07/2011 (at 12.30 p.m.)

Confessed during the interview as a suspect in the presence of appointed lawyer A.

22/06/2012

Extract from IZ medical certificate

(multiple hematomas, bruises on the body, hands, face on 08/07/2011)

No date

Statements of the applicant ’ s mother and his lawyer testifying that two weeks after the applicant ’ s abduction they visited him in IZ and that he had bruises on the face, neck, arms, multiple hematomas on the body

07/07/2011

The applicant ’ s father complaint to the investigative committee about the disappearance of his son

First complaint about ill-treatment in trial

30/07/2013

Complaint to the investigative committee about ill ‑ treatment lodged by applicant ’ s lawyer T.

28/08/2013

Complaint transferred to the Main Investigative Department in Moscow

08/11/2013

Complaint transferred to the 517 th military investigative department

Moscow City Court

Convicted on 10/12/2012

(confession statements given in the presence of a lawyer, unfounded allegations of ill-treatment)

27/03/2013

Supreme Court of Russia

Temirkan Sofyanovich ASHABOKOV (App. 1)

21/07/1995

Artur Mukhamedovich TANOV (App. 2)

12/03/1992

73154/13

08/11/2013

Baksan

Vanessa KOGAN

Kabardino -Balkar Republic

Arrested on 13/02/2012 at 1.30 p.m. on the road between Nalchik and Baksan by officers of the anti-extremism centre ( Центр “Э” ГУ МВД России по СКФО ), taken to an undisclosed location

14/02/2012 (in the morning)

Police department in the Chegemskiy district ( ОМВД РФ по Чегемскому району )

No information about arrest records

App 1 (minor) was released

App 2 was taken to IVS then SIZO on 15/02/2012

(App 1) Medical examination act no. 33-A of 15/02/2012

(bruises in the lumber spine area, abrasions on the left ear, right hand caused by use of a hard blunt object within 1-3 days before the examination)

(App 2) Medical examination act no. 36-A of 17/02/2012

(closed craniocerebral injury, bruises on the face and legs caused by use of a hard blunt object within 1-3 days before the examination)

First complaint of App 1 of 16/02/2012

First complaint of App 2 of 27/02/2012

15/01/2013

Latest (13 th ) refusal to open a criminal case

(ill-founded allegations of ill-treatment, they have been examined and dismissed in his trial proceedings )

24/01/2013 Chegemskiy district court

discontinued the proceedings referring to the conviction

14/05/2013

Supreme Court of KBR

quashed the court ’ s decision

24/06/2013

Chegemskiy district court

allowed the appeal in part, decalring inactivity of the investigator unlawful in view of the refusals

No information about further developments of the proceedings

Chegemskiy district court

Convicted on 28/09/2012

No information about further proceedings

Yusup Vakhayevich EKTUMAYEV

12/02/1993

65036/14

06/09/2014

Tyumen

Maria Stanislavovna GAVRILOVA

Chechnya, Sunzhenskiy district

Arrested on 17/04/2012 (in the evening)

in the Sunzhenskiy district department of the interior (ROVD) ( ОМВД по Сунженскому району )

Arrest record drawn up 18/04/2012

( at 10.00 a.m.)

18/04/2012 (at 12.30 p.m.)

Confessed during interview as a suspect in the presence of lawyer A.

Forensic medical examination act no. 145 of 19/04/2012

(no injuries)

Forensic medical examination act no. 265 of 18/05/2012

(multiple scars in the right knee area, left underarm area, on the left shoulder that could be formed one month before the examination)

(the proceedings are common for applicants Ektumayev and Madayev )

Report on the discovery of evidence of crime

of 26/06/2012

26/08/2013

Latest (2 nd ) refusal to open a criminal case

(no physical force was used)

18/02/2015

Complaint to the Achkhoy-Martanovskiy district court

02/03/2015

Investigative committee quashed the refusal

06/03/2015

Achkhoy-Martanovskiy district court discontinued the proceedings in view of the quashing of the refusal

Supreme Court of Chechnya

Convicted on 17/09/2013

(confession statements given by Mr Ektumayev in the presence of a lawyer)

06/03/2014

Supreme Court of Russia

Makhmud Mamedovich MADAYEV

26/09/1990

66406/14

02/10/2014

Assinovskaya

Igor Aleksandrovich KALYAPIN

Chechnya, Sunzhenskiy district

Arrested on 17/04/2012 around 10.00 a.m.

in the applicant ’ s house by the police officers of the Sunzhenskiy district department of the interior ( ОМВД по Сунженскому району ), taken to the Sunzhenskiy ROVD

Arrest record drawn up on 18/04/2012

( at 10.00 a.m.)

Forensic medical examination act no. 146 of 19/04/2012

(no injuries)

Forensic medical examination act no. 267 on 18/05/2012

(multiple scars on the right shoulder and back that could be formed within one month before the examination)

Rustam Anvarovich KHAYBULAYEV

20/08/1972

32268/15

26/06/2015

Ishkarty

STICHTING RUSSIAN JUSTICE INITIATIVE

Dagestan, Buynaksk

Arrested on 20/07/2013 at the applicant ’ s apartment by police officers of the district department of the interior in Buynaksk ( ОМВД по г. Буйнакск ), taken to police department in Buynaksk ( ГОВД г. Буйнакс ), then to an undisclosed place

Arrest record drawn up on 21/07/2013

( at 10.00 a.m.)

Certificate drawn up by the ambulance no. 1187 of 23/07/2013

(multiple bruises on the body, abrasion on the hand)

Forensic medical examination act no. 297 of 24/07/2013

(abrasions on the face and hands, bruises on the back caused by the use of hard blunt object within four days before the examination)

First complaint of 23/07/2013

08/08/2013

Refusal to open a criminal case

18/11/2014

Buynakskiy district court

declared the refusal unlawful

26/12/2014

Supreme Court of Dagestan

quashed the court decision of 18/11/2014

(the use of physical force was not confirmed)

Buynakskiy City Court

Convicted on 15/01/2014

Imangazali Shakhbanovich MAGOMEDOV

06/07/1980

58738/15

13/11/2015

Shaumyan

Dokka Saydaminovich ITSLAYEV

Dagestan, Kizlyarskiy district

Arrested on 02/06/2014 at around 9.00 p.m.

on the road, taken to Kizlyarskiy ROVD

Arrest record drawn up on 03/06/2014

( at 6 a.m.)

Taken to IVS on 04/06/2014 at 8.00 p.m.

03/06/2014 / 04/06/2014

Confessed during interview as a suspect allegedly in the absence of a lawyer

Photos of the applicant ’ s injuries

Forensic medical examination act no. 274 of 12/06/2014

(a bruising under the left eye, on the inner surface of the right shoulder, outer and front surface of the right hip, two abrasions on the back resulted from the use of a hard blunt object)

First complaint of 11/06/2014

26/11/2014

Latest (2 nd ) refusal to open a criminal case

(the applicant resisted the arrest)

Kizlyarskiy district court

Convicted on 11/03/2015

(confession statements were given in the presence of a lawyer; as to the injuries, the applicant resisted the arrest)

13/05/2015

Supreme Court of Dagestan

Khayrupa Abdulkhalikovich ASKHABALIYEV

14/11/1975

17709/18

22/03/2018

Novyy Khushet

Yelena Nikolayevna MOSKALETS

Dagestan, Kyzlyar

Arrested on 14/04/2016 at around 8.00 p.m.

on the road by traffic police officers, taken by officers of the anti-extremism centre to an undisclosed location in Makhachkala

Arrest record drawn up on 16/04/2016

17/04/2016 / 05/09/2016

Confessed during interviews as a suspect and accused in the presence of lawyers M. and R.

Extract from IZ medical journal of 16/04/2016

(bruise on the chest, bruises on the abdominal wall, according to the applicant, he fell down the stairs)

IZ medical act of 27/04/2016

(bruise on the chest, bruises on the abdominal wall, fingers of both hands, right elbow, laceration in the lower back)

Complaint during the trial

11/07/2017

Refusal to open a criminal case

(the applicant actively resisted the arrest, tried to run away, handcuffs and rubber truncheon were used, the applicant allegedly fell on railways)

North-Caucasian military district court

Convicted on 21/07/2017

(the injuries have been caused by the applicant ’ s resistance to arrest)

19/10/2017

Supreme Court of Russia

(confession statements given in the presence of lawyers, including lawyer M. of his own choosing)

Abutalib Khalitovich SHAKHRUYEV

23/10/1987

42330/18

24/08/2018

Enem

Arsen Khidirnabiyevich SHABANOV

Dagestan, Makhachkala

Arrested on 05/07/2017 at around 4.30 p.m.

on the road by officers of the anti-extremism centre ( Центр по противодействую экстремизму МВД России по Республике Дагестан ), taken to its premises.

06/07/2017 (at 6.50 p.m.)

Confessed during interview as a suspect in the presence of lawyer K.

Arrest record drawn up on 06/07/2017 at 8.20 p.m.

At 9.45 p.m.

Reiterated statements during the interview as an accused in the presence of lawyer K.

Extract from IVS journal of 07/07/2017

(hematoma on the right eye and shoulder, in the pelvic area and buttocks, multiple bruises on the back, stomach, right leg, feet, a bruise on the cheek)

IZ medical act of 09/07/2017

(hematoma on the right eye, on the back, the left buttock)

First complaint of 03/10/2017

12/10/2017

Refusal to open a criminal case

(the injuries were inflicted during the arrest, the applicant tried to escape)

01/03/2018

Deputy prosecutor quashed the refusal

Kirovskiy district court

Convicted on 23/03/2018

(confession statement given in the presence of a lawyer)

16/05/2018

Supreme Court of Dagestan

Menu

IDRISOV v. RUSSIA and 12 other applications

IDRISOV v. RUSSIA and 12 other applications

LEXI