Lexploria

Communicated on 11 February 2019

THIRD SECTION

Application no. 24592/10 Aleksandr Nikolayevich KNYAZKIN and Andrey Nikolayevich KNYAZKIN against Russia and 4 other applications – see appended list

STATEMENT OF FACTS

The applicants complained under Articles 3 and 13 of the Convention that they had been subjected to ill-treatment by State officials and that the State failed to conduct an effective domestic investigation into those incidents. All of the applicants submitted that their attempts to initiate criminal investigation in connection with the incidents proved futile.

The relevant details regarding the applicants ’ allegations and their version of factual circumstances are reflected in the attached appendices. The information regarding the alleged breach of the substantive aspect of Article 3 in contained in Appendix no. 1. The reaction of the domestic authorities to the applicants ’ complaints is reflected in Appendix no. 2.

The 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.

24592/10

09/04/2010

Aleksandr Nikolayevich KNYAZKIN 01/01/1978 Saransk

Andrey Nikolayevich KNYAZKIN Saransk

Aleksandr Mikhaylovich PLODUKHIN

2.

27965/10

12/05/2010

Aleksandr Sergeyevich CHALENKO 17/11/1987 Voronezh

Ilya Vladimirovich SIVOLDAYEV

3.

15362/12

10/02/2012

Mikhail Eduardovich PETROV 06/08/1973 Saratov

4.

15477/12

21/02/2012

Sergey Nikolayevich GAVRICHKOV 06/10/1988 Fornosovo

Aleksandr Konstantinovich GORTALOV

5.

46132/13

29/06/2013

Valentin Viktorovich IVANOV 13/07/1947 Saratov

Boris Ivanovich KOZLOVSKIY

QUESTIONS

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 A rticle 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. H aving regard to the use of the applicants ’ “statements of surrender and confession” ( явка с повинной ), which were allegedly obtained as a result of their ill-treatment by the police (see Appendix No 3), did the applicants 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 and Aleksandr Konovalov v. Russia , no. 39708/07, 28 November 2017)?

No

Application no. and t itle

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.

24592/10 Knyazkiny

v. Russia

10/05/2009 in the evening

Saransk, at the apartment of the applicants

Police unit, Atyashchevsky District of the Republic of Mordovia

Arrested on suspicion of murder

After arrest

Atyashchevsky Department of the Interior ( РОВД ) of the Republic Mordovia

Blows over legs, suffocating, beating on the head by a truncheon, beating by plastic bottles full of water, threats of further violence

Head of criminal

militia V.

22/06/2009

Medical certificate

Republican Hospital of Mordovia

Brain trauma

13/05/2009

Forensic examination report

Forensic Bureau of the Republic of Mordovia

Abrasion of the right zygomatic region, five neck abrasions, abrasion on the right shin, appeared out of the impact of blunt hard objects.

2.

27965/10 Chalenko

v. Russia

06/09/2008

Voronezh, building of the Zhelezno-dorozhny Department of the Interior ( РОВД )

Zheleznodo-rozhny Department of the Interior ( РОВД ) of Voronezh

After apprehen-sion on suspicion of infliction of the grievous bodily harm on a third person, 06/09/2008, after 16:00

Zheleznodorozhny Department of the Interior ( РОВД ) of Voronezh

Beating, torturing by applying electric shock to the scrotum.

Police officer Mi. and other police officers

08/09/2008

Forensic examination report

Forensic Bureau of the Voronezh Region

Bodily injuries in the form of bruises on the right shoulder joint, on the back surface of the chest, in the lumbus area on the left, on the right hip, abrasions on the left forearm, inflicted by the impact of a hard blunt object.

04/02/2009

MRI report

Medical cent r e ‘ Chernozemye ’

Breakage of the right lobe of liver.

3.

15362/12 Petrov

v. Russia

22/02/2011

50-years October Str., Saratov

Traffic police,

Caught in flagrant (robbing), brought to Leninskiy District Police Office of Saratov

22/02/2011

7:00 -8:00

Police Office N1, Sadovaya Str.158, Saratov

The applicant was brought to the Criminal Investigation Office - beaten, electrocuted, gas mask. On 23/02/2011 confessions made. State counsel signed the Protocol (not enclosed). On 24/02/2011 Transfer to IVS – first medical examination.

Police officers Pr., Ba., Ve .

24/02/2011

Medical certificate of IVS

IVS -Saratov

Medical Certificate N149: abrasions of left cheekbone, eyes, nose, ears, right temple; bruises on shoulders, legs, hands, buttocks, abdominal wall and breast. On 20/05/2011 Investigator refused to launch criminal investigation.

4.

15477/12 Gavrichkov v. Russia

13/05/2010 at 24:00

Communa Str.50,

St Peters - burg

22nd Police Office / IVS/KAZ

Caught in flagrant (drug dealing)

13/05/2010

2nd Police Office

15/05/2010

Medical Records

City hospital /ambulance

Numerous abrasions on the neck, eyelids, ears, legs, shoulders, hands.

28/10/2010

Medical Report N 10

Forensic Department of Medical Academy

Same injuries and concussion

14/06/2011

Forensic Report N 180

Forensic Bureau of

St. Petersburg

Same injuries, b eatings substantiated

5.

46132/13 Ivanov

v. Russia

07/03/2012

at night and

08/03/2012 time unclear

Saratov, GSK " Tavria "

GU MVD for the Saratov Region

Knocked down (face down), handcuffed

08/03/2012 time unclear

Investigation Department, B. Sadovaya , Saratov

The applicant ’ s version: a plastic bag and a gas mask were put on his head, he was brought to an office, a chair was placed on his back and somebody sat on that chair; then he was beaten on his head; he suffered electric shocks on his legs.

Three persons (presumably the ones who arrested him) but he did not see them

08/03/2012

Forensic examination

Forensic Bureau for Saratovskaya Region

Bruises on wrists, bruises and scratches on the face, bruises and scratches on both knees.

28/11/2012

Forensic examination (based on the medical documents of 08/03/2012 and 10/03/2012)

Forensic Bureau for Saratovskaya Region

Bruises on wrists, bruises and scratches on the face, bruises and scratches on both knees, thermal burns on both legs.

No

Application n o.

and t itle

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.

24592/10 Knyazkiny v. Russia

10/07/2009

Chamzinka Interdistrict Investigative Unit of the Investigative Branch of the Investigative Committee for the Republic of Mordovia

Consistently refused

02/10/2009

The Investigative Committee several times refused to open investigation. The applicant challenged refusal in the national court, but to no avail (Decision of the Chamzinka District Court of the Republic of Mordovia of 29/09/2009), as the decision to refuse to open an investigation was quashed by the investigator just before the hearing. The Investigator again refused to open an investigation on 02/10/2009.

The decision to refuse to open an investigation was numerously quashed. Challenging the decision in court did not bring any results. No due examination of the applicant ’ s complaints.

2.

27965/10 Chalenko v. Russia

08/09/2008

Investigative Unit for the Zheleznodorozhny District of Voronezh of the Investigative Committee

Consistently refused

20/11/2009

The Investigative Committee several times refused to open an investigation. The applicant challenged refusal in the national court, but to no avail ( Zheleznodorozhny District Court of Voronezh of 30/10/2008), as the decision to refuse to open an investigation was quashed by the investigator just before the hearing. The investigator again refused to institute criminal proceedings on 06/11/2008. The applicant made a request to the prosecution to initiate criminal proceedings, received rejection on 20/11/2009. The applicant challenged in the national court the similar decision of the prosecutor of 10/09/2008 - no decision enclosed. (The applicant ’ s arguments were also analysed by the court in the main criminal proceedings, who questioned the witnesses of the alleged torture.

The decision to refuse to open an investigation was quashed multiple times. Challenging the decision in court did not bring any results. No due examination of the applicant ’ s complaints.

3.

15362/12 Petrov v. Russia

n/a

Investigator

Refused, then granted

20/05/2011

On 20/05/2011 the investigator refused to launch criminal investigation. Conviction on 11/12/2011. On 10/08/2012 the investigator launched the criminal investigation. On 03/12/2012 the victim status granted to the applicant. On 10/11/2013 the investigation was suspended.

State counsel denied ill-treatment and injuries contrary to Medical Certificate of IVS.

4.

15477/12 Gavrichkov v. Russia

16/05/2011

Prosecutor Office

Consistently refused

03/02/2011

Investigation request was refused

No complaint under Art.125, allegations of ill-treatment were examined by the Cassation St Petersburg Court ( pp. 7-8), Forensic Examination (Report N 10 from 28/10/2010) was conducted.

5.

46132/13 Ivanov v. Russia

n/a

Investigator

Consistently refused

30/11/2012

Division of the complaint into two:

1) injuries caused at the arrest - refusal to prosecutor the officers (30/11/2012, upheld by courts of two instances);

2) other injuries (incl. electric shocks) supposedly caused after the arrest - pre-investigation checks pending since 2013.

No.

Application no. and case title

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

Complaints under Article 6 about the use of their confession statements allegedly obtained under duress and events referred to by the applicants

1.

24592/10 Knyazkin and Knyazkin v. Russia

The Atyashevo District Court of the Republic of Mordovia in its Judgment of 29/06/2010 cited the applicant ’ s surrender (which was made in his lawyer ’ s presence), which was allegedly given as a result of ill-treatment. The conviction was largely upheld by the Cassation Judgment of the judicial panel for criminal cases of the Supreme Court of the Republic of Mordovia of 27/10/2010.

2.

27965/10 Chalenko v. Russia

The applicant ’ s allegedly forced confession was cited by the court in the Judgment of the Zheleznodorozhny District Court of Voronezh of 06/08/2009 (upheld by the Cassation Judgment of the Voronezh Regional Court of 12/11/ 2009)

3.

15362/12

Petrov v. Russia

Criminal investigation was launched on 10/08/2012 after the conviction of 01/12/2011. Suspended on 10/11/2013. Strong evidence of ill-treatment (Medical Certificate of IVS), confessions are not excluded despite strong presumption of ill-treatment, no proper investigation.

4.

15477/12

Gavrichkov v. Russia

On 11/08/2011 convicted for an attempted drug dealing. On 24/10/2011 Cassation of St. Petersburg City Court. Strong evidence of ill-treatment, confessions are not excluded despite strong presumption of ill-treatment because of the lack of due investigation.

5.

46132/13 Ivanov v. Russia

The domestic courts used the applicant ’ s confession allegedly given under duress on 08/03/2012. Same facts as for the ill-treatment. A counsel was present at the interrogations, yet the applicant does not complain about the absence of lawyer.

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KNYAZKINY v. RUSSIA and 4 other applications

KNYAZKINY v. RUSSIA and 4 other applications

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